City of West Covina
Development Code Ordinance Update: Draft
92 26-56 Land Use Regulations and Allowable Uses [TABLES ARE NEW MOST OF THE CONTENTS ARE NOT] (a) Permitted uses. Table 2-18 identifies land uses permitted in special purpose zones.
Table 2-18 Uses and Permit Requirements
Symbol Permit Requirement Procedure Section
x Allowed by Right –
AP Administrative Permit Article VI, Division 6
APH Administrative Permit with Hearing Article VI, Division 6; Article 6, Division 1 CUP Conditional Use Permit Article VI, Division 4; Article 6, Division 1 Use not permitted –
City of West Covina
Development Code Ordinance Update: Draft
93 Uses and Permit Requirements
Use Types Zone O-S Special Use Regulations
Residential Accessory Uses
Accessory uses and structures
Accessory dwelling units, junior accessory units
Agricultural Uses
Agricultural uses (on parcels of 10 acres or greater) X Section 26-111 Residential uses
Duplexes
Mobile home park Section 26-122
Single-family residence
Supportive housing Section 26-133
Transitional housing Section 26-133
Service, recreational, educational and public assembly uses Cemeteries, columbariums, crematories and mausoleums
Golf course, outdoor miniature CUP
Golf courses or golfing ranges X
Mobile Services X Section 26-123
Parks X
Public utility stations, yards, wells and similar facilities CUP Recreational centers (private) CUP
Riding stables and riding schools (7 acre minimum site) X Schools and colleges CUP
Theatres, open air. CUP
Wildlife and botanical preserves X
Transportation, communications and utility uses
Electronic vehicle charging stations CUP Section 26-117 Solar carports CUP Section 26-117
Monopoles and alternative antenna support structures CUP Section 26-136 Public utility stations, yards, wells and similar facilities CUP (b) Uses allowed within the Specific Plan area are the uses set forth in the adopted Specific Plan as permitted, conditionally permitted or not permitted.
26-57 Development Standards for Special Purpose Zones
(a) Development Standards for O-S Zone:
(1) Building Coverage.
(i) Building coverage of any lot, parcel or center shall not exceed fifty (50) percent of the lot, parcel, or site after all necessary street or alley dedications.
(2) Building Setbacks from Property Lines.
(i) The building setback from the property lines shall be governed by the following table:
City of West Covina
Development Code Ordinance Update: Draft
94 Table 2-20 Minimum Required Setbacks for the O-S Zone. *NEW TABLE* Front Side Interior Street Side Rear
20’ 15’ 15’ 25’
(3) Building Separation
(i) The minimum building separation between main buildings shall be ten (10) feet or as required by the California Building Code, whichever is more restrictive. (ii) There shall be no minimum building separation between a main building and an accessory building or between accessory buildings, except as required by the California Building Code. (4) Maximum Building Height
(i) The maximum building height shall be twenty-five (25) feet. (b) Construction in Fire Hazard Severity Zones (FHSZ).
(1) The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety. (2) This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).
(3) Construction Standards, Building Materials and Design. (i) All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.
(4) Vegetation Management and Defensible Space.
(i) All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code. (c) Development standards within the Specific Plan area are the standards set forth in the adopted Specific Plan.
DIVISION 4 OVERLAY ZONES (HILLSIDE, PLANNED COMMUNITY AND RESIDENTIAL DEVELOPMENT, AUTO PLAZA, ANIMAL KEEPING) [EX. ARTICLE XIII] 26-58 Purpose and Intent of Overlay Zones
The purpose of overlay zones is to define geographic areas on the zoning map where special requirements or limitations apply, in addition to standards set forth for the underlying base zoning district. 26-59 Hillside Overlay [EX. DIVISION 2 OF ARTICLE XIII] (a) Purpose. It is the intent of the City that undeveloped land designated as being within the hillside overlay zone, be developed according to the guiding principles and standards of this division in order to accomplish the following:
(1) To assure the orderly development of hillside areas. (2) To achieve land use densities that are in conformance with the General Plan; however, the uniformity of these densities will be modified by, (1) prohibiting development on excessively steep slopes and (2) permitting “density transfers” in order to achieve specific economic, energy, environmental and aesthetic objectives.
(3) To promote a development pattern that balances economics with environmental concerns, and private property rights with the public interest.
City of West Covina
Development Code Ordinance Update: Draft
95 (4) To assure land planning and development patterns that take into account the cost-benefits of alternative designs upon City services and fiscal resources.
(5) To assure development patterns that will minimize the utilization of the critically scarce resources, water and energy.
(6) To encourage hillside development that will leave a residual amount and pattern of undeveloped land, to form the nucleus of a viable open space system in the San Jose Hills. (7) To assure the placement of hillside development so that the open space will coincide with areas of critical environmental concern and/or recreational opportunity.
(8) To assure that well-designed residential development occurs, that is compatible with the site and the adjacent hillsides.
(9) To assure that hillside development demonstrates a concern for the view of the hills as well as the view from the hills to retain the sense of identity and image that these hill areas impart to the City and its environs.
(10) To assure that streets, public utilities and facilities are designed and constructed in an orderly, wellmanaged, planned manner; with each development taking into consideration its impact on existing and future development in the area.
(b) Application.
(1) Hillside areas shall be designated on the zoning map by an “H” overlay zone. The provisions of the base zone shall apply except that the provisions of this article shall supersede conflicting provisions of the base zone.
(2) Before the “H” overlay zone is applied to, or removed from, the zoning map, the planning commission shall hold a hearing and based on the evidence presented, the commission shall determine whether the area should be so designated/undesignated. Notice of such hearing shall be in the manner prescribed in this chapter.
(c) Procedure.
(1) The developer of any proposed development in the hillside (H) overlay zone that involves a division of land, shall submit: (1) a site plan; (2) exterior elevations of the residences; and (3) a scale model for any subdivision in conjunction with the tentative map. The site plan will be reviewed for compliance with this division, the subdivision map act, the General Plan, applicable specific plans, this chapter, grading ordinances, etc.
(2) Site plans shall include:
(i) The location of the dwelling units on the building pads; (ii) Delineation of the planted and unplanted portions of the site; (iii) Fire trails/roads;
(iv) Structures in the open space areas; and
(v) Any other information the planning division deems is necessary for review. (3) No division of land or site plan shall be approved which does not accommodate or provide for sewage disposal and water capacity sufficient to permit an extension of the facilities to serve other adjacent areas which are affected by the division of land or site plan. (4) In addition to the above, the following reports shall be submitted for staff and Planning Commission review when a development site falls within a hazardous geologic area as defined by the adopted seismic safety element of the general, plan:
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96 (i) An engineering geologic investigation based on the most recent grading plan and including adequate description of the geology of the site and conclusions and recommendations regarding the affect of geologic conditions on the development.
(ii) A soils engineering investigation based on the most recent grading plan and including data regarding the nature, distribution, and strength of soils, conclusions, and recommendations for grading procedures, and design criteria for corrective measures. (d) Slope Computation.
(1) The average slope of a lot or parcel shall be calculated for the purposes of this division according to the formula: S = 100IL/A
(i) Where: S is the average slope in percent.
I is the contour interval in feet.
L is the combined length of contour lines in scale feet.
A is the gross area in acres of the parcel or as applicable. (ii) In measuring the slope, a topographic base map shall be used which meets the requirements for tentative maps as specified in the City’s subdivision ordinance. Measurement along contours shall be made at contour intervals not to exceed ten (10) feet.
(e) Prohibitions on development of excessive slopes. Any substantial portion of hillside area over forty-five (45) percent slope must be left in an essentially natural, ungraded state. Furthermore, it is intended that minimal grading be performed on slopes in excess of thirty-five (35) percent, wherever possible. (f) Permitted Density. The maximum density of any one (1) property within the hillside (H) overlay zone shall be one (1) dwelling unit per gross acre. This maximum density may not be obtained on sites containing extensive areas of steeply sloped terrain.
(g) Density Transfer.
(1) The number of residential units permitted a property (based on one (1) dwelling unit per gross acre) may be transferred and concentrated to a portion of the site when the criteria outlined below occur. The minimum lot size, in such case, shall be twenty thousand (20,000) square feet. The residual open space areas, which are to remain free of residences, shall conform to the standards outlined in section 26-59(j). (2) The density transfer shall be applied to all hillside (H) properties where:
(i) A density transfer will substantially lessen the per unit utility and improvement costs to the developer and to the prospective homebuyer.
(ii) A density transfer will substantially lessen the service costs. (iii) A density transfer will preserve substantial portions of the hillside critical for natural processes, scenic beauty, wildlife habitat etc., in an essentially natural state. (iv) A density transfer will leave substantial portions of the site ungraded. (3) It is the intent of this section, that hillside (H) properties utilize the density transfer wherever it is feasible to do so.
(h) Design standards for lots utilizing density transfer. (1) The following standards will be adhered to for proposed divisions of land in the hillside (H) overlay zone, that are transferring density. Modifications of these standards will only be permitted where it can be demonstrated to the Planning Commission that strict interpretation of such standards will prove to be impractical due to the variable nature of hillsides and shall not be detrimental to the environment:
City of West Covina
Development Code Ordinance Update: Draft
97 (i) The minimum lot size shall be twenty thousand (20,000) square feet. (ii) The minimum lot width shall be eighty (80) feet and the minimum lot depth shall be one hundred twenty-five (125) feet.
(iii) The setback standards shall conform to those of the underlying zone. Variable front yard setbacks may be required where pad size and other environmental considerations permit. (iv) Building design shall be compatible to the specific site, the hillside, and neighboring developments. (v) Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five-foot setback from location of slope unless waived by the city building and fire departments.
(vi) Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee’s decision to the Planning Commission and then City Council may be taken by filing a written notice of appeal with the city clerk, together with a thirty dollar ($30.00) appeal fee.
(i) Design Standards for lots not utilizing density transfer. (1) The following standards will be adhered to for all proposed divisions of land in the hillside (H) overlay zone, that are not transferring density in accordance with section 26-59(g). (i) Minimum lot size shall be one (1) acre (forty-three thousand five hundred sixty (43,560) square feet).
Lot dimensions, setback standards, maximum building coverage and other zoning requirements shall conform to Area District V standards.
(ii) Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five (25) foot setback from location of slope unless waived by the city building and fire departments.
(iii) Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee’s decision to the Planning Commission and then the City Council may be taken by filing a written notice of appeal with the city clerk, together with a thirty dollar ($30.00) appeal fee. (j) Criteria for selecting the open space areas in a density transfer design. (1) The developer in formulating, and the Planning Division/ Planning Commission in reviewing, a site plan for a density transfer design, shall abide by the following criteria in selecting the open space areas. (i) Lands with steep slopes.
(ii) Lands that have outstanding scenic or ecological value. (iii) Lands that would assist in the creation of an open space system. (k) Regulations for open space areas.
(1) Such lands shall be preserved in essentially their natural state as a collective private open space owned, maintained and enjoyed by the tract’s residents.
(2) Development in the common open space areas will be prohibited in a recorded deed restriction, with authority vested in the City to enforce the restriction. (3) The City may require easements for public access through portions of these open space areas. Such easements will be conditions of tentative map approval and shall be delineated on the final map.
City of West Covina
Development Code Ordinance Update: Draft
98 (l) Landscaping plans.
(1) As a condition to the approval of (and prior to the recordation of) a final map landscaping plans including planting design and an irrigation system (all of which are prepared by a licensed landscape architect) shall be submitted by the applicant for review and approval by the Community Development Director or their designee or duly authorized representative.
(2) In acting upon landscaping plans, the Community Development Director or their designee shall consider the screening of trash enclosures, parking areas in multiple residential developments, the planting of slopes for both stabilization and appearance, and fire resistance, durability, size, and quality of the proposed plant material. If required, the developer shall assume all costs to provide proof, that the above requirements are met.
(3) Applicant shall prepare a statement of the quality of existing vegetation in regard to its ability to prevent soil erosion, and provide fire resistance. If existing vegetation is unacceptable to the appropriate departments in terms of these qualities, it shall be replaced by acceptable material. (4) Planting and irrigation system plans shall address the following:
(i) All cut and fill slopes shall be planted with deep-rooted plants that are able to acclimate to the proposed environment. A permanent irrigation (as approved by the Community Development Director or their designee) shall be installed to uniformly cover all planted areas. (ii) Slope planting and irrigation systems shall be provided by the developer on all slopes greater than four (4) feet vertical height. Slopes shall be adequately planted with landscaping consisting of a minimum of one-third shrubs and trees. The remainder may be grass or ground cover and trees and shrubs. The final plans showing the landscaping and irrigation shall be subject to the approval of the Community Development Director or their designee. All planting and irrigation systems shall be complete and operative before final approval of the grading, or issuance of occupancy on the residence.
(iii) Plants consisting of grass, groundcover, shrubs, and trees as recommended in the planting schedule shall be used. In addition to ground cover plants, approved shrubs having a minimum one (1) gallon size at ten (10) feet on center in both directions on the slope, or trees having a minimum five (5) gallon size at twenty (20) feet on center both ways may be used. A combination of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of the landscape architect and approval of the Community Development Director or their designee. (iv) Irrigation details. Fully automated irrigation systems are required unless waived by the Planning Commission; however, the owner shall be responsible for watering the slopes which have been planted at sufficient time intervals to promote growth. a) Minimum requirements for low slopes to fifteen (15) feet in vertical height:
1) A sprinkler system shall be installed to irrigate such slopes at the time the house plumbing is installed.
2) If the Community Development Director or their designee finds the slope is located in an area which makes hand watering possible conveniently located hose bibs will be accepted in lieu of the required sprinkler system when a hose no longer than fifty (50) feet can be utilized.
b) Minimum requirements for medium slopes fifteen (15) feet or higher in vertical height: An adequate sprinkler system shall be installed during grading prior to planting of shrubs and trees and before final grading is approved by the building official. c) Special requirements for sprinkler systems:
1) Plans, specifications, and calculations for the sprinkler system shall be submitted to and approved by the Community Development Director or their designee prior to installation.
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99 2) Sprinkler systems shall be designed to provide a uniform water coverage at a rate of precipitation of not less than one-tenth inch per hour nor more than three-tenths inch per hour on the planted slope. In no event shall the rate of precipitation or duration of sprinkling be permitted to create an erosion problem or allow the discharge of excess water into any public or private street.
3) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.
4) A functional test of the sprinkler system shall be performed by the installer prior to approval.
5) Sprinkler systems shall be fully automatic unless waived by the Planning Commission. 6) The irrigation system shall comply with Article III, Division 5 and Planning Commission Resolution No. 11-92-4718.
d) Planning Commission Resolution No. 11-92-4718 contains a list of plants identified as meeting the purpose and intent of the water efficient landscape ordinance. (5) All landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed necessary by the Community Development Director or their designee. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of Article III, Division 5 of this Code and Planning Commission Resolution No. 11-92-4718. (6) Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low head drainage, overspray and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures. A regular maintenance schedule should include, but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree pruning shall be performed in compliance with acceptable standards as set forth by The Western Chapter International Society of Arborists. (7) All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Article III, Division 5 of this Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions. (m) Landscape Maintenance. The developer shall plant, water, and maintain each graded slope on unsold property developed with structures until all properties within the development have been occupied. Plants shall be maintained, and replaced if necessary, until the property is sold. Grading bonds shall not be released until the building and planning officials certify that the planting meets the requirements of this division. (n) Incentives. In order to encourage developers to build in a manner more suitable to the hillsides, the following incentive is available: Building heights, as permitted in this chapter, may be increased by variance approval above that which is normally allowed when compatible to the surrounding areas. The views from adjacent or neighboring parcels shall not be adversely affected by any such height increase. 26-60 Planned Community and Residential Development Overlay [EX. DIVISION 3 OF ARTICLE XIII] (a) Purpose
(1) Planned Community Development:
(i) Provide the developer with greater flexibility in site design, density and housing unit operations in order to stimulate variety and innovation within the framework of a quality residential environment. (ii) Direct new community growth and development in the process of implementing the General Plan. (iii) Achieve more interest, individuality and character within and among neighborhoods.
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(iv) Provide criteria for the inclusion of compatible uses designed to service the residential developments within the community.
(v) Encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional, well-balanced community. (2) Planned Residential Development:
(i) Encourage a more desirable living environment;
(ii) Encourage a more efficient, desirable and aesthetic use of land through utilization of modern innovations in residential developments;
(iii) Encourage the reservation of a greater proportion of land for common open areas; (iv) Encourage the retention of natural slopes, waterways and other natural features by utilizing such areas as open space;
(v) Encourage more efficient use of those public facilities required in connection with such residential development; and
(vi) Insure compatibility with established residential areas. (b) Establishment of PRD overlay zone.
(1) A planned residential development overlay zone shall be established only in conjunction with a residential zone and shall be designated on the official zoning map with the symbol “PRD” in conjunction with the underlying zone classification, i.e., “R-1 PRD.”
(c) Classification Criteria. The following general criteria are hereby established for use in the classification or reclassification of land to the planned community or planned residential development:
(1) General Plan. Compliance with the General Plan shall be established. (2) Site area.
(i) A minimum of one hundred (100) acres shall be required for a planned community development. (ii) A planned residential development may be established on land that is zoned R-1, MF-15, MF-20 or MF-45 and which is suitable for, and of sufficient size, to be planned and developed in a manner consistent with the purpose of this division.
(3) Any application for an overlay zone shall be accompanied by a master plan for the entire area covered by the application.
(4) All land in a proposed overlay zone shall be held in one (1) ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone. (5) The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) are adequate, or new systems shall be constructed to adequately serve the development. (d) Application.
(1) An application for an overlay zone shall be submitted by the owner, his authorized agent, or the purchaser of the land with the consent of the owner.
(2) The application shall be accompanied by the following which should be prepared by a qualified professional team:
(i) Topographical maps of existing terrain drawn to a minimum five (5) foot contour. (ii) A generalized grading plan which indicates proposed earth movement and the results of such movement.
(iii) A utility map or statement reflecting a utility system which includes, but is not limited to, sewer, water, and gas capable of serving the entire development.
(iv) A master plan which shall show:
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a) Location and boundaries of the proposed development. b) The general type, character, and heights of all buildings or structures; e.g., single family houses, townhouses, or cluster houses.
c) Proposed densities of all areas scheduled for residential development. d) Proposed uses of all and including residential, school sites, public and private recreational facilities, all common open space, and in the PCD zone commercial and professional centers and industrial facilities.
e) Natural features that are to be retained; i.e., stands of trees, rock outcroppings, canyons, natural slopes, etc.
f) The location and width of public and private streets which shall be consistent with the master plan of streets.
(v) Proposed site development standards for all residential, commercial and industrial uses. (vi) The location and width of public and private streets. (vii) Site data, including acreage in total development, total acreage in each density classification, school sites, church sites, commercial sites and industrial sites, total acreage devoted to common open space and minimum lot sizes.
(e) Application fee. An application for an overlay zone shall be accompanied by a filing fee as specified in section 26-184.
(f) Procedure.
(1) Upon receipt of an application for an overlay zone, the Planning Commission shall hold a public hearing on such application. If it finds the criteria set forth herein have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare.
(2) The decisions and findings of the Planning Commission:
(i) On planned residential development applications, shall be final unless appealed to the City Council. (ii) On planned community development applications, shall be forwarded along with the community master plan to the City Council. The City Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the City Council shall be final.
(g) Public hearing and appeal procedure. Public hearing and appeal procedure shall be set forth by Article VI, Division 1 of this Development Code.
(h) Termination of overlay zone.
(1) The overlay zone, and any master plan or other material approved as a part thereof, shall become null and void if the physical development of the district is not commenced within two (2) years from date of adoption of the resolution establishing the zone.
(2) An extension of time, not to exceed one (1) year, may be granted by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not been commenced and such overlay zone has not been utilized.
(i) Approval of a development plan.
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(1) After the establishment of an overlay zone and prior to the termination date as specified in section 26- 60(h), an application for approval of a development plan which is in substantial conformance with the approved master plan shall be filed with the Planning Commission. A development plan may cover all or a portion of the district. No building permit shall be issued for any new building or structure unless a development plan covering the area has been approved.
(2) A development plan shall contain the material herein specified and shall be prepared by a qualified professional team.
(i) The exact boundaries and legal description of the property to be developed. (ii) All proposed improvements that are to be constructed on the land and their precise locations including, but not limited to, all residential facilities, walls and fences, trash areas, streets, and walk areas.
(iii) Common open space showing size, grades, and function upon completion. (iv) The location and dimension of all off-street parking facilities, public and private. (v) The location and size of any public or quasi-public facilities such as schools, churches, and parks. (vi) A tabulation of the percentage of total building coverage of the development. (vii) A tabulation of densities within each project area or sector. (3) Building elevations of typical architectural styles to be constructed. (4) A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces. (5) Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet.
(6) If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the City subdivision ordinance and the state subdivision map act. (7) A proposed construction schedule from groundbreaking to occupancy. All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.
(j) Common open space.
(1) All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one (1) or a combination of the following three (3) methods of administering common open space.
(i) Dedication of common open space to the City, which is subject to formal acceptance. (ii) Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to insure perpetual maintenance of all common open space. (iii) Retention of ownership, control and maintenance of all common open space by the developer. All privately owned common open space shall continue as such and shall only be used in accordance with the development plan. Appropriate land use restrictions shall be contained in all deeds to insure that the common open space is permanently preserved according to the development plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space. (k) Design criteria.
(1) The following design criteria are hereby established:
(i) The overall plan shall achieve an integrated land and building relationship.
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(ii) Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site.
(iii) The layout of structures and other facilities shall effect a conservation in street and utility improvements.
(iv) Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units.
(v) Architectural unit and harmony within the development and with the surrounding properties shall be attained.
(l) Procedure for development plan application.
(1) The owner, his authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Planning Commission. The Planning Commission shall hold a public hearing on such application. It may approve the development plan if it finds the criteria set forth herein have been satisfied subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Planning Commission shall be final unless appealed to the City Council. (m) Public hearing and appeal. Public hearing and appeal procedure shall be governed by Article VI, Division 1 of this chapter.
(n) Application fee. An application for a development plan shall be accompanied by a filing fee as established by a resolution of the City council.
(o) Development standards for planned residential development zone. (1) The development standards of the underlying zone shall apply to a planned residential development unless they are inconsistent or in conflict with the following standards which shall control:
(i) Density. In any PRD overlay zone, the number of dwelling units per net acre of land shall not exceed the number of dwelling units permitted by the underlying zone except as provided in this paragraph. (ii) For the purpose of calculating the number of dwelling units permitted by the underlying zone, the following table shall be used:
Table 2-21 Dwelling Units Per Acre for Residential Zones Zone Dwelling Units Per Acre
R-1 2.2 to 7.3 (depending on min. lot size established by the PUD.
MF-15 15.0
MF-20 20.0
MF-45 45.0
(iii) The number of dwelling units per net acre of land may be increased by up to 30 percent if approved by the Planning Commission, provided that the gross density of the development does not exceed the densities identified in Table 2-21
(iv) Minimum lot sizes. Every lot or parcel utilized for a residential structure shall have a minimum width of twenty-four (24) feet. Each such lot shall front for a distance of not less than twenty (20) feet upon a public or private street or pedestrian accessway.
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(v) Building heights. Building heights of the underlying zone may be waived to allow greater flexibility with the development. Consideration shall be given to building heights in relation to adjacent property and building inter-relationship within the development. (vi) Yards. The following front, side, and rear yards shall be shown on the development plan and maintained:
a) Front: There shall be an average front yard of not less than fifteen (15) feet for any building measured from the curbline of private streets and from the property line for dedicated streets. A maximum six-foot-high wall or fence may be placed within any front yard setback, provided such wall or fence is set back five (5) feet from the right-of-way line of dedicated streets or ten (10) feet from the curbline of private streets. Such setback area shall be landscaped. b) Side: There need be no side yard provided. However, each development plan will be reviewed to ensure that adequate provisions are made for light and air and free pedestrian movement. c) Rear: When the rear of a dwelling unit is adjacent to common open space and accessible thereto, a rear yard need not be provided. A fifteen-foot rear yard shall be provided when the rear of a dwelling unit abuts adjacent private property.
d) Fire accessways: Each development plan shall provide adequate accessways for free movement of men and equipment to provide appropriate firefighting capabilities. Such accessways shall be a minimum of five (5) feet in width and approved by the city fire department. (vii) Off-street parking. Off-street parking shall be required to conform to the current City standards as specified in the underlying zone.
a) Covered or open parking compounds may be designed as a functional part of the development.
Parking compounds shall be conveniently accessible and adequately screened through the use of walls or landscaping. The arrangement and access for all parking compounds or parking spaces shall conform to City standards.
(viii)Ground coverage. Total ground coverage of the entire development (not individual lot) shall not exceed that allowed by the underlying zone.
(ix) Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This provision need not apply to structures which are three (3) or more stories high.
(p) Development standards for planned community development zone. (1) All development within the planned community development shall meet the following minimum requirements:
(i) Density. All densities shall conform to the approved community master plan. (ii) Building coverage. The maximum building coverage shall not exceed fifty (50) percent of the area covered by the development plan exclusive of all dedicated public rights-of-way. In determining the coverage (ground area of each dwelling) covered parking and garages shall be included. (iii) Off-street parking. Off-street parking shall conform to the current City standards as specified in Article III, Division 6 of this chapter.
(iv) Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This requirement does not apply to structures three (3) or more stories in height.
(v) Utilities. All utilities shall be underground in accordance with the Municipal Code and approved by the city engineer.
(vi) Signs. Sign provisions contained in the most restrictive zone classification for each use allowed shall apply.
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(vii) Other. All other standards as specified by the approved community master plan and text and development plan and text shall be strictly adhered to. 26-61 Auto Plaza Overlay [EX. DIVISION 4 OF ARTICLE XIII] (a) Purpose
The purpose of the auto plaza overlay zone is to preserve the City’s auto plaza area to accomplish the City’s goal of maintaining an established area designed for new vehicle franchise dealerships in order to make its services more accessible to the public, and to promote economic development within the City. (b) Location
The auto plaza overlay zone shall consist of service-commercial (S-C) zoned properties located south of the Interstate 10 Freeway, north of Norma Avenue, west of Baymar Street, and east of Azusa Avenue. (c) Permitted uses.
(1) Permitted uses on any lot or premises within the auto plaza overlay zone shall be limited to the following:
(i) The sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building. a) The sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building. (ii) Accessory uses
a) The sales of used vehicles operated by the same franchise dealership or automaker operating the primary use.
1) Used vehicle inventory on the site shall be limited to no more than 30 percent of the total new vehicle inventory on the same site.
2) Outdoor display of used vehicles is allowed provided that all administrative functions are at all times conducted within an enclosed building.
b) Vehicle service shop for maintenance and repair.
c) Car wash.
1) The car wash shall only be used to clean the dealership’s vehicle inventory and/or to clean vehicles receiving maintenance or repair services.
2) The car wash shall not be made available for public use. d) Electric vehicle charging station.
e) Vehicle rental services shall only to be made available to customers utilizing services offered by the dealership.
(iii) Temporary uses.
a) Filming.
1) Filming or filmmaking on any lot or premises shall be limited to advertisement purposes promoting the dealership on the site.
2) Filming shall only be allowed on a lot or property occupied with a new vehicle dealership with an active business license.
3) Filming shall comply with the provisions of Article VI, Division 8 (Film Permit). (d) Security lighting requirement. All properties located within the auto plaza overlay zone shall have all its parking lot/vehicle display light standards/poles brightly lit from sunset until 9:00 p.m. Parking lot/vehicle display light standards/poles shall automatically be switched to dimmer lighting between 9:00 p.m. and sunrise.
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(e) Development Standards. Any proposed development and/or construction within the auto plaza overlay zone shall comply with all applicable standards the development standards set forth in Article II, Division 4. The provisions set forth in this division 26-61 (Auto Plaza Overlay) shall prevail if any conflicting standards exist. 26-62 Animal Keeping Overlay Zone [EX. DIVISION 6 OF ARTICLE XIII] (a) Purpose. The animal keeping overlay zone consists of properties on the north side of Vanderhoof Drive, including Tract 12292, Lots 18 through 27 (addresses 2633, 2641, 2653, 2707, 2715, 2727, 2743, 2755, 2769, and 2807 Vanderhoof Drive).
(b) Permitted Uses. Uses permitted with the animal keeping overlay zone shall be those permitted within the underlying zone, subject to the development standards in the underlying zone and in sections 26-62(c) and 26- 62(d).
(c) Lower pad area development standards.
(1) The following development standards shall apply to improvements located in the lower pad area of the lots within the overlay zone.
(i) Setbacks. The setbacks for any proposed improvements shall take into account the size of the subject property and the impacts to the neighboring properties. The location of the site of the improvement shall be based on the type of improvement proposed.
(ii) Separation of uses. The location of the proposed improvement shall, at a minimum, conform to the separation standards specified in section 26-46(h). Greater separation distances are encouraged to reduce conflicts between uses.
(iii) Structural design. The structural design of the improvements shall be compatible with the architecture of the main house on the property and the agrarian nature of the lower pad area. (iv) Screening. Fences, walls, and/or landscaping shall be provided to provide visual separation between properties. Screening shall be sensitive to animal keeping areas in proximity to habitable space/recreational improvements, and vice versa.
(d) Administrative use permit required.
(1) Prior to the construction of any improvement in the lower pad area such as habitable structures (including accessory dwelling units), nonhabitable structures that require the issuance of a building permit, swimming pools, spas, sports courts, and similar uses (whether or not a building permit is required), an administrative permit shall be required as specified in Article VI, Division 6 of this chapter 26. (2) Before for an administrative use permit for improvements in the lower pad area of the overlay zone may be granted, the following findings must be made:
(i) The proposed improvement at the particular location would not be detrimental to the current or future keeping of animals in the lower pad area of surrounding properties. (ii) The location and design of the improvement has given consideration to the separation of animal keeping areas from habitable space/recreational improvements. (iii) The location and design of the improvement is not detrimental to the privacy of surrounding properties through the usage and placement of windows and doors, view-obscuring walls and/or fences, retaining walls, trees and other buffering landscaping materials. (iv) The development can be adequately served by existing and/or required infrastructure and services.
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ARTICLE III. REGULATIONS APPLICABLE TO ALL ZONES *NEW*
DIVISION 1 GENERAL SITE PLANNING AND DEVELOPMENT STANDARDS *NEW* 26-63 Purpose
The following development standards are set forth to ensure that property in all zones in the City of West Covina will be developed in a uniform and orderly manner which will promote public health, safety, comfort, convenience, and general welfare. These development standards shall be in addition to the property development standards set forth for each zone.
26-64 Lot Coverage Measurement
Lot coverage (also referred to as building coverage) is the percentage of the site area covered by structures shall be measured by dividing the number of square feet of horizontal area covered by structures by the total horizontal area within the property boundaries of the site. For purposes of lot coverage, underground parking facilities, parking structures, and semi-covered structures (e.g. trellis lattice patio covers) do not count towards required lot coverage. 26-65 Height Measurement and Exceptions
All structures shall comply with the following regulations relating to height, except for fences and walls, which shall conform to standards set forth in Article III, Division 3 (Fences, Walls and Hedges). (a) The height of structures shall not exceed the standards set forth by the applicable zoning district in Article II (Zones, Allowable Uses and Development Standards), except as otherwise provided by this section. (b) The maximum allowable height shall be measured as the vertical distance from the finished grade of the site to the top of the roof, as shown in Figure 3-1 below:
Figure 3-1 Measurement of Building Height
(a) The following height projections are permitted:
(1) Architectural features, including chimneys, cupolas, steeples, weather vanes, and similar nonstructural element designed to enhance the building architecture, may exceed the height limit by up to ten (10) feet. (i) Such features shall not exceed a width of twenty-five (25) feet or one-third (1/3) of the length of the structure’s façade, whichever is less. Height exceptions shall not be granted for structural features designed or intended to provide floor space. Signs shall not be included within the additional height City of West Covina
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limits. Lights and poles are not considered architectural features and are not included in this exemption.
(2) Elevator shafts, stairwells, and roof-mounted mechanical equipment (inclusive of screening for the mechanical equipment) may exceed the height limit by up to 10 feet, provided that these elements do not exceed 10 percent of the total roof area.
(3) Parapets on flat roofs may exceed the height limit by up to 42 inches. (4) Solar energy systems (e.g. panels) may exceed the height limit by up to five (5) feet, or the minimum required based on installation cost and/or energy production thresholds established by State law, whichever is less..
26-66 Setback Measurement and Exceptions
All structures shall comply with the setback requirements set forth for each zoning district, and with any special setbacks established for specific uses by Article II (Zones, Allowable uses, and Development Standards), except as otherwise provided by this Article.
Figure 3-2 Setbacks
(a) Setback requirements.
(1) Each yard shall be open and unobstructed from the ground upward, except as provided in this subsection. (2) Yards shall be landscaped in compliance with Article III, Division 5 (Landscaping). (b) Exemptions from setback requirements.
(1) Fences or walls constructed within the height limitations within the height limitations set forth in Article III, Division 3 (Fences, Walls and Hedges).
(2) Steps, and other site design elements that are placed directly upon the finished grade and are less than eighteen (18) inches above the surrounding finished grade.; and (3) Freestanding signs shall be pursuant to sign requirements set forth in Article III, Division 8 (Sign regulations). (4) Water features with a water depth of less than eighteen inches (18”). (c) Measurement of setbacks
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(1) The front yard setback shall be measured at a right angle from the nearest point of the front property line (or edge of access or utility easement) to the nearest wall of the structure, except as follows:
(i) For a flag lot, the front yard setback shall be taken from the nearest wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a building line parallel to the lot line nearest to the public street or right-of-way.
(2) The side yard setback shall be measured at a right angle from the nearest point on the side property line (or edge of access or utility easement) to the nearest wall of the structure, establishing a setback line parallel to the lot line nearest the public street or right-of-way. (i) The side yard on the street side of a corner parcel shall be measured at right angles from the nearest point on the street side property line to the nearest wall of the structure. (3) The rear yard setback shall be measured at a right angle from the nearest point on the rear property line (or edge of access or utility easement) to the nearest wall of the structure, establishing a setback line parallel to the rear property line that extends between the side yards, except; (i) The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street. If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement or right-of-way line; and
(ii) Where the side lot lines converge to a point, a line 10 feet long within the parcel, parallel to the front lot line, shall be deemed the rear lot line for the purpose of determining the depth of the required rear yard.
Figure 3-3 Lot Lines
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26-67 Sight Triangle Areas
The following standards shall apply to all intersections of streets, alleys, and private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions within sight triangle areas established herein.
(a) There shall be a corner sight triangle area at all intersecting and intercepting public streets or highways. The sight triangle area shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a public street or highway. (b) There shall be a corner sight triangle area on each side of any private driveway intersecting a street or alley. The sight triangle lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front or rear property lines. They shall pass through a point not less than ten (10) feet from the edges of the driveway where it intersects the street of alley right-of-way.
(c) There shall be a corner sight triangle area on each side of any alley intersecting a street or alley. The sight triangle lines shall be in a horizontal plane, making an angle at forty-five (45) degrees with the side, front or rear property line. They shall pass through a point of not less than ten (10) feet from the edges of the alley where it intersects the street or alley right-of-way.
(d) If, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line which is not less than 30 feet from the intersection of the side and front (or rear) property lines and through a point on the side property line which is not less than 30 feet from such intersection of the side and front (or rear) property lines. (e) The following shall not be erected, placed, planted or allowed to grow within the sight triangle area. (1) Solid fences, walls, signs, structures, mounds of earth, solid post mailboxes, or other visual obstructions over three 36 inches in height and open work fences up to 42 inches in height. (2) Hedges, shrubbery and vegetation over, or with a growth characteristic over 24 inches in height. (3) The lower edge of tree canopies of a single trunk tree shall be maintained at a minimum height of eight (8) feet above ground level, as measured from the adjacent street curb elevation.
Figure 3-4 Sight Triangle Areas
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26-68 Encroachments Into Required Setbacks
(a) Swimming pools, spas, sports courts, and other similar private recreation areas may be located within the front yard, through an administrative permit process when the lot configuration, building placement, and/or street adjacent location justify its location due to the uniqueness of the property as determined by the Community Development Director or their designee, provided there is a minimum five-foot setback to adjoining properties, the project will not create a line-of-sight hazard, there is no other suitable location for the proposed structure on site, and all other standards for the underlying zone are met. Swimming pools and spas may encroach into the required interior side yard and rear yard provided that there is a minimum five (5) feet setback, as measured from the edge of the bond beam to the property line.
(b) Swimming pools and spas, whether portable or permanently constructed, shall be enclosed by fencing as required by the City’s Building Code.
(c) Cornices, eaves, or similar features may project into yards. (1) Cornices, eaves, belt courses, sills, or other similar architectural features may extend or project into a required front, side, or rear yard in single- and multi-family residential zones by not more than three (3) feet provided that the projection is no closer than two feet, six inches (2’-6”) from the side and rear property lines.
(d) Uncovered porches and platforms may project into yards. (1) An uncovered porch, platform or landing place which does not extend above the level of the first floor of the building in R-A and R-1 zones may extend or project into any required front, side or rear yard by not more than six (6) feet except as permitted in 26-46(f), provided such structure in a side yard shall not reduce to less than three (3) feet the unobstructed pedestrian walkway or sidewalk on ground level to less than three (3) feet.
26-69 Maintenance and Security Standards for Vacant, Unoccupied or Abandoned buildings or structures. (a) Property owners and/or persons who possess or have control of an abandoned, vacated or undeveloped property, area or place, including buildings and structures, shall maintain and secure said property in such a way that will not be injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including but not limited to juveniles and transients, nor constitute a health, fire or safety hazard. (b) Property owners and/or persons who possess or is in control of any undeveloped real property in the City or any other real property in the City that has been vacant or abandoned for a period in excess of thirty (30) calendar days shall do the following:
(1) Unsecured access points. All means of ingress or egress to the property or structure on the property, including but not limited to, windows, doors, gates and fences that have been breached, vandalized, or damaged, shall be boarded up and/or secured in compliance with Federal Housing Authority board-up standards to ensure the property or structure is secured against unauthorized entry. (2) Paint. All boards securing a breach in any ingress or egress on a structure shall be fully painted in such a manner as to complement or match the paint color of the structure. (3) Fencing. Any undeveloped real property within the City, or any other vacant real property in the City that an Enforcement Officer has determined in writing, based upon specific findings regarding the conditions of said real property and surrounding area(s), poses a threat to the health, safety, and welfare of the general public, shall be enclosed by a security fence as approved by the Community Development Director or their designee. Such security fencing shall measure a minimum of six feet (6’) in height measured from grade, unless such fencing is located within a required sight triangle, shall be constructed of chain-link or tubular steel materials, and shall be erected in accordance with all requisite City approvals, permits, and inspections. Conditions that shall be considered when determining the necessity of a temporary security City of West Covina
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fence include, but shall not be limited to, instances of unauthorized entry and/or vandalism, and the degree of decay, deterioration, dilapidation, or neglect of the real property and structures. (4) Signage and emergency contact. Signs prohibiting trespassing, and the name and phone number of the person or entity responsible for the maintenance and security of the vacant property shall be posted on all vacant structures and/or security fencing surrounding vacant properties. Security fencing shall be kept clear of all other signs. Each sign shall conform to standards set forth in Article III, Division 8.
DIVISION 2 ACCESSORY STRUCTURES [NEW DIVISION -COMBINED AND CONSOLIDATED EXISTING ACCESSORY STRUCTURE STANDARDS]
26-70 Purpose and Applicability
(a) The following development standards shall apply to all detached accessory structures, not including accessory dwelling units governed by the requirements of Article IV, Division 2. The purpose of this division is to protect the public health, safety and welfare by maintaining safe distances between structures, establish architectural compatibility between primary structures and certain types of accessory structures, and minimizing potential impacts associated with lot coverage, privacy, and maintenance of light and air space. (b) The development standards contained in this division shall apply to accessory structures on private property and shall be in addition to other applicable development standards contained in the Development Code. In the event of a conflict between the provisions set forth in this division and any other provisions of this Development Code, the stricter regulation shall control. This division regulates detached accessory structures that are larger than 120 square feet in size and/or taller than seven (7) feet in height. Accessory structures shall not contain indoor cooking facilities (combination of a sink, cooking apparatus, and refrigeration appliance) and should not be designed for full time living or rental purposes. Guesthouses, pool houses, accessory dwelling units and junior accessory dwelling units that conform to the requirements of this chapter are permitted. 26-71 Permit Requirements and Exemptions
(a) Accessory structures located in single-family, multi-family, mixed-use, commercial and industrial zones shall require an Administrative Permit, pursuant to the procedures and findings outlined in Article VI, division 6. (b) The following structures located in the single-family and multi-family zones are exempt from planning entitlements provided they comply with the requirements listed below and standards set forth in section 26-
72. Exempt accessory structures may require building permits to maintain conformance with the California Building Code adopted by the City.
(1) Accessory structures that are less than 120 square feet in size and no portion of the structure is seven (7) feet or greater in height, provided that no more than two (2) of such structures are located within the same lot or site.
(2) A detached structure typically used for decorative or landscape design purposes such as a fountain, water wall, bird bath and similar features that are less than 120 square feet in size and no portion of the feature is six (6) feet in height or greater.
(3) Accessory dwelling units and junior accessory dwelling units pursuant to Article IV, Division 2 (Accessory Dwelling Units and Junior Accessory Dwelling Units).
(4) Urban Dwelling Units pursuant to Article IV, Division 4 (Urban Dwelling Units). 26-72 Development Standards
(a) The development standards listed in Table 3-1 are intended to supplement the requirements in the applicable zone for types of accessory structures. In the event of a conflict between these requirements and the requirements of the underlying zone, the requirements of this section shall apply. The following requirements shall apply to all accessory structures, both exempt and non-exempt under section 26-71.
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(b) Minimum setback distances for accessory structures from property lines and between all structures shall include all portions of the structure(s).
(c) Accessory structures may be constructed in conjunction with or subsequent to the construction of the primary structure(s) on the site.
Table 3-1 Development Standards for Accessory Structures Type of Accessory
Structure
Minimum Setback Requirements Maximum Lot
Front Rear Side Street Side Coverage Maximum Height
Pools and spas, Not
Permitted*
5 feet 5 feet Not
permitted
n/a n/a
Pool/spa
equipment
Not
Permitted*
5 feet 5 feet Not
permitted
n/a 5ft
Detached
accessory
structures with
open or solid
roofing.
Not
Permitted
4 feet 4 feet Not
permitted
Standard building
coverage per Table
2-4 of Section 26-
46 16 ft
Temporary,
portable shade
structures
Not
Permitted
4 feet 4 feet Not
permitted
30% of required
rear yard area,
Standard building
coverage per Table
2-4 of Section 26-
46 10 ft.
Decks/elevated
structures greater
than 30” in height
and/or greater
than 30 square feet
in area
Not
Permitted
1.5 times
standard
building
setback
per
Section
26-46(e)
1.5 times
standard
building
setback
per
Section
26-46(e)
1.5 times
standard
building
setback per
Section 26-
46(e)
n/a 8 ft
Attached patios,
chimneys and
fireplaces, and
similar structures
Same as required for primary structure
* May be permitted through an Administrative Permit process per Section 26-68 (d) Accessory buildings in R-A and R-1 zones.
(1) Accessory buildings, or the sum of accessory buildings, except accessory dwelling units, shall be a maximum of one thousand (1,000) square feet. Accessory buildings which causes the total square footage of accessory buildings to exceed greater than one thousand (1,000) square feet (except accessory dwelling units) may be granted subject to the approval of an administrative permit pursuant to the procedures and findings outlined in Article VI, Division 6. Required garages are exempt from the administrative permit requirements. Individual accessory buildings with an area greater than the primary dwelling unit shall not be allowed. The area for individual accessory buildings shall be limited to seventy (70) percent of the floor area of the primary dwelling unit.
26-73 Solar Energy Systems *NEW*- STANDARDS NOT IN CURRENT CODE (a) The purpose of this section is to allow for timely and cost-effective installations of solar energy systems that shall:
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(1) Provide for the installation of small to medium solar energy systems to enable the generation of electricity from the sun, for on- and off-site uses.
(2) To minimize potential adverse impacts associated with solar energy systems. (b) Development Standards
(1) Ground-mounted solar energy collectors. Ground-mounted solar energy collectors shall be installed and maintained in accordance with the following requirements:
(i) Location. Ground-mounted solar energy collectors are permitted in all zoning districts. In residential zoning districts, solar energy collectors and their mounting framework shall not be located within the front setback and shall not be visible from the public right-of-way adjacent to the front, or side property line. In nonresidential zoning districts, solar energy collectors may be visible from the public right-of-way with approval of an Administrative Permit. (ii) Height. In residential zoning districts, the height of a ground-mounted solar energy collector system shall not exceed twelve (12) feet. The maximum height shall be twenty-five (25) feet when located on a non-residential property not abutting a residential zone. The maximum height of a ground-mounted solar energy collector system shall be fifteen (15) feet when located on a non-residential property abutting a residential zone.
(iii) Setbacks. Installations of less than six (6) feet in height may project up to two (2) feet into a required setback. Installations of six (6) feet or more in height shall comply with building setback requirements for patio covers.
(c) Roof-mounted solar energy collectors.
(1) Location. It is preferred that photovoltaic solar energy systems in the single-family residential zone on roofs are designed in a way that is flush-mounted and/or are not installed on the portion of the roof that faces the street, and/or are screened from the public right-of-way. If the photovoltaic solar energy systems on roofs are not flush-mounted and/or installed on the portion of the roof that faces the street, and/or is visible from the street, applicant submittal of additional documentation to the Planning Division is required prior to the first Building Division inspection to receive inspector sign-off. The required documentation shall be a written analysis prepared by a licensed engineer indicating that all options to redesign the photovoltaic system with a flush-mounted design and/or without utilizing the street facing roof will:
(i) Increase the installation cost by more than $1,000; AND (ii) Will cause a drop in energy production by more than 10-percent (10%). (2) Height. Photovoltaic solar energy systems on the roof may extend up to five (5) feet above the height limit in the district in which it is located or the roof surface on which they are installed, provided that the height extension is necessary to be within the installation cost and/or energy production thresholds mandated by State law.
(3) Solar water or swimming pool heating systems may extend up to seven (7) feet above the height limit in the district in which it is located or the roof surface on which they are installed. (d) Solar energy collector on carports.
(1) Photovoltaic equipment, as defined by section 26-36, “Solar Energy Systems,” may be installed on the roof of carports for the purpose of collecting, storing, or transferring solar energy as part of a larger solar energy system installed in structure(s) on the same building site without additional discretionary permit. (2) The maximum height of solar energy collector equipment on carport roofs shall not exceed the maximum height of the underlying district.
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DIVISION 3 FENCES, WALLS, AND HEDGES *NEW*
26-74 Purpose and Applicability
(a) The purpose of this chapter is to establish standards and regulations relating to the construction of fences, walls and hedges used for screening or buffering purposes. The standards are intended to ensure that all fences, walls, and hedges provide desired privacy and safety but do not create a public safety hazard or nuisance, and that fences, walls and hedges meet the City’s standards for quality design and regular maintenance. (b) For Planned Development Permits and Specific Plans, fence, wall, and hedge standards shall comply with the standards set forth in the applicable Planned Development Permit or Specific Plan. Where the Planned Development Permit or Specific Plan is silent on fence, walls and hedge height, the standards for the underlying zone shall apply, as determined by the Community Development Director, or their designee. 26-75 Measurement of Fence or Wall Height
(a) Measurement of height
(1) The height of a fence or wall is measured as the vertical distance between the top of finished grade at the base of the fence or wall to the top of the fence or wall. (2) For fences or walls on sloping ground or varying grades, height shall be measured from the lowest grade on either side of the fence or wall to the highest point of the fence or wall. For the purposes of this section a retaining wall with a fence above it shall be considered one structure. (3) Fence or wall height includes any materials attached to the fence or wall.
Figure 3-5 Measuring Fence or Wall Height *NEW DIAGRAM* City of West Covina
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26-76 Height Limitations for Freestanding Fence, Walls and Hedges (a) Street-fronting Fences and Walls. The maximum allowed height for freestanding fences and walls within the required front setback, or the street side yard, or the rear yard of a through lot with street driveway/garage access shall comply with the following standards:
(1) Fences and fence/wall combinations shall not exceed a maximum height of six (6) feet. The fence and/or fence/wall combination shall be of a design that creates at least seventy (70) percent open work above forty-two inches (42”) in height. Pilasters and/or columns no greater than eighteen inches (18”) in width may be incorporated with the design of the fence or wall if the required visibility is met. Street-fronting fences on street side yards of lots not considered a reverse corner lot and on rear yards of through lots may construct a solid, non-transparent fence/wall provided that no neighboring adjacent single-family residential lot is developed with a primary residence with its front facade oriented towards the same street.
(2) Corner cut back area. On corner lots, walls, fences, hedges, trees, or other physical obstructions shall not exceed a maximum height of thirty-six inches (36”) within the sight triangle areas set forth in section 26-67. (3) Fences and walls adjacent to arterial streets. Walls and fences on single-family residential lots along the side and rear property lines adjacent to rights-of-way of streets designated as principal or minor arterials on the master plan of streets and highways shall have a maximum height of eight (8) feet provided that design standards contained within subsection (a)(1) is complied with. (4) On single-family residential zones, light fixtures may be added on the top of the street-fronting fencing or its pillar, provided the overall height of the fence or pillar and light does not exceed a height of six feet, six inches (6’-6”). The intensity of the lights shall be limited to low level lighting of less than one thousand six hundred (1,600) lumens.
(5) Fences atop retaining walls, shall conform to the limits set forth in Section 26-77. (b) Side and Rear Yard Fences and Walls. The maximum allowed height for freestanding fences and walls (nonretaining) within the required side and rear yard setbacks shall comply with the following standards:
(1) Street fronting side yard and rear yard fences shall conform to the height limits set forth in subsection (a) of this section.
(2) A freestanding fence or wall between single-family residential properties shall not exceed seven (7)six (6) feet in height.
(3) A freestanding fence or wall between multi-family residential properties or along a major arterial street shall not exceed seven (7)six (6) feet in height.
(4) A freestanding fence or wall between a residential and commercial property shall not exceed eight (8) feet in height.
(5) A maximum of eight (8) foot freestanding fence or wall between a residential and commercial property or between two commercial properties.
(6) On commercially zoned properties, a free-standing fence or wall shall not exceed a maximum of eight (8) feet in height.
(7) Freestanding fences or walls located at intersections of streets, alleyways and driveways within traffic sight areas shall conform to standards set forth in Section 26-67(e). (8) Fences atop retaining walls, shall conform to the limits set forth in Section 26-77. (c) Hedges. No maximum height shall be established for hedges, except for hedges located within the required front yard which shall conform to the standards for fences and walls, and for the sight triangle area standards set forth in section 26-67(e).
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26-77 Height Limitations for Retaining Walls and Change of Grade (a) Interior facing retaining walls or garden walls where the retaining wall faces inward to the subject property and are negligibly visible from surrounding properties or the public right-of-way, and located within the required setbacks, the retaining wall may reach a maximum height of seven (7) feet. The total height of an interior facing retaining wall and a free-standing fence or wall atop it shall not exceed the following height limitations:
(1) Within the front setback- Twelve (12) feet provided that the design of the freestanding fence/wall complies with section 26-76(a)(1), or fourteen (14) for properties that qualify under section 26-76(a)(3).). (2) Side and rear yard- Thirteen (13) feet, or fourteen (14) feet for properties that qualify under section 26- 76(b)(4) through (6).
(b) Exterior facing retaining walls or garden walls. Where the retaining wall faces outward towards a public street or facing a neighboring property and is, located within the required setbacks, the retaining wall may reach a maximum height of three (3) feet, The total height of an exterior facing wall and free-standing fence or wall atop it shall not exceed the following height limitations:
(1) Within the front setback- Nine (9) feet provided that the design of the freestanding fence/wall complies with section 26-77(a)(1)
(2) Side and rear yard- Ten (10) feet, or eleven (11) feet for properties that qualify under section 26-76(b)(4) through (6)
(c) Interior and exterior facing retaining walls or garden walls which complies with the required building setbacks of the zoning district shall not exceed a maximum height of fifteen (15) feet. (d) Parallel retaining walls and landscaping terracing. Any retaining wall constructed in combination with other retaining walls, screen walls and/or fences on the same property may be terraced with a gradient up to 1:1 to obtain approval of an aggregate height of retaining walls exceeding the single-wall limit set forth in this section.
The distance between walls shall be no less than the height of the tallest wall. 26-78 Fence Materials
(a) Prohibited fence materials.
(1) Residential Zoning Districts. Barbed wire, electrical fences, razor wire, and other similar objects on the top of fences or walls shall not be allowed within a residential zoning district. The use of chain link fence is prohibited in residential districts within any front yard area or any area visible from the public street, except for construction sites and other temporary uses and where otherwise specifically permitted in this Development Code.
(2) Commercial and Industrial Zoning Districts. Barbed wire, electrical razor wire, and other similar objects shall not be allowed on the top of fences or walls within a commercial zoning district, except on the top of fences or walls surrounding outdoor storage areas.
(b) Special fencing and wall requirements.
(1) Swimming pools, spas and similar features. Swimming pools, spas, and other similar features shall be fenced in compliance with the requirements set forth by the City’s Building Code. (2) Outdoor equipment, storage, and work areas. Screening of outdoor use, equipment and activities shall conform to the standards set forth in division 4 (Screening and Buffering). (3) Recreational courts. Fences for recreational courts including basketball, tennis, badminton courts and similar play areas shall not exceed twelve feet in height providing that all parts of the fencing are not located within the minimum required setback areas.
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(4) Temporary fences. Temporary fencing may be necessary for the protection of archaeological, historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the Community Development Director or their designee, and shall comply with applicable building codes.
(5) Walls along public rights-of-way. Masonry, concrete block and wood perimeter walls that adjoin public rights-of-way and are constructed as part of a subdivision or other planned development shall be maintained in original condition, including the color and texture of the block and any cap elements.
Fences/walls along the public right-of-way shall be either finished on both sides, finished on the side facing the public right-of-way, or made of decorative block.
(6) Fences and walls exceeding six (6) feet in height in between properties. Fences/walls exceeding six (6) feet in height located within five (5) feet from the property line shall be either finished on both sides, finished on the side facing the neighboring property, or made of decorative block. 26-79 Required Walls
(a) Walls in multi-family residential zones.
(1) A thirty-six (36) inch high concrete, masonry, or decorative block wall shall be provided and maintained on the outside perimeter of all off-street parking areas abutting or visible from a public street, except at points of ingress and egress for vehicular or pedestrian traffic. The wall shall be set back a minimum of five (5) feet from the property line and this setback area shall be landscaped. Other materials may be used if approved by the Planning Commission.
(2) In lieu of the thirty-six (36) inch high screen wall, land contouring and landscaping equivalent to thirty-six (36) inches in height, or a combination of wall and land contouring, may be provided. (b) A seven-foot wall when abutting single-family zone:
(1) A seven (7) foot high concrete, masonry or decorative block wall shall be provided and maintained on the boundary of any multiple-family zone which abuts or lies across a public alley from a residential-agricultural (R-A) or single-family (R-1) zone, except in the front setback area, where said wall shall conform to the sight triangle area standards set forth in section 26-67(e). (2) When there is a difference in site elevation and the abutting property zoned R-A or R-I is a minimum of seven (7) feet higher than the development site zoned multiple-family, at the discretion of the Planning Commission, the requirements for a seven (7) foot high wall may be waived.
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DIVISION 4 SCREENING AND BUFFERING [EX. SECTION 26-568] 26-80 Purpose
This section provides standards for the screening and buffering of adjoining land uses, equipment, outdoor storage areas and surface parking areas.
26-81 Screening and Buffering Standards
(a) Required screening in office, commercial and Industrial Zones. All exterior storage areas and service yards, loading docks and ramps, electrical cage enclosures and storage tanks are to be screened from view by a fence, wall or mature landscaped materials.
(1) Mechanical equipment and duct work.
(i) All roof top mechanical equipment shall be placed behind a permanent parapet wall and be completely restricted from all ground level views from adjacent public rights of way. Such screening shall be as high as the highest portion of the equipment or ducting, and shall be permanently maintained.
(ii) No mechanical equipment is to be exposed on the wall surface of a building. (iii) Gutters and downspouts that are utilitarian in nature are not to project from the vertical surface of the buildings. Decorative gutters and downspouts, when appropriate to the proposed architectural style of the building may project from the surface of the building and shall be subject to review of the Planning Commission.
(iv) Vents, louvers, exposed flashing, tanks, stacks, overhead doors, rolling and “man” service doors are to be treated in a manner consistent with the color scheme of the building. (v) All ground mechanical equipment shall be screened to the maximum extent feasible and as allowed by the utility provider by a permanent structure or landscape. (2) Refuse storage.
(i) All outdoor trash, garbage and refuse containers shall be screened from public view, within a trash enclosure containing a roof and screening on all sides consisting of minimum five and one-half (5½) foot high concrete, or masonry decorative block wall, and the opening provided with a solid gate. (ii) Such area shall be so located as to be easily accessible for trash pick-up. (iii) Storage. Except in the case of uses listed “outdoor displays” in 26-51(a) of this chapter, all storage of wares, merchandise, crates, bottles or similar items shall be within a completely enclosed building. (3) Screening of parking areas.
(i) All parking areas shall be screened from public rights-of-way with various means of screening such as land contouring, low-profile walls, shrub plantings and similar screens or a combination thereof. (ii) A seven (7)-foot high concrete, masonry or decorative block wall shall be provided and maintained on the boundary of any nonresidential zone which abuts or lies across a public street or alley from a residential zone except in the front setback area where said wall shall conform to the sight triangle area standards set forth in section 26-67(e).
(iii) All walls shall be architecturally compatible with the main buildings. Type, texture, and color shall be approved by the Planning Commission. Barbed wire shall not be permitted.
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DIVISION 5 LANDSCAPING *NEW* COMBINED AND CONSOLIDATED EX. LANDSCAPE
STANDARDS FOR MULTIFAMILY RESIDENTIAL, NONRESIDENTIAL USES, AND
MIXED-USE OVERLAY
26-82 Purpose
The purpose of this division is to establish minimum landscaping standards to enhance the appearance of developments, increase green space throughout the City, reduce heat and glare, control soil erosion, conserve water, ensure the ongoing maintenance of landscaped areas, reduce wildfire hazards, and ensure that landscape installations do not create hazards for motorists or pedestrians. 26-83 Applicability
The requirements contained in this division shall apply to all new and existing development and shall be in addition to any other development standards contained elsewhere within the Development Code. 26-84 Water Efficient Landscape Ordinance [EX. DIVISION 1 OF ARTICLE XIV] (a) The purpose of this section is to ensure the design, installation and maintenance of landscapes meet the requirements of the State of California’s Model Water Efficient Landscape Ordinance (MWELO) (b) The City adopts by reference the State of California’s Model Water Efficient Landscape Ordinance, which is found at Sections 490—495 of Chapter 2.7, Division 2, Title 23, of the California Code of Regulations, as it may be amended from time to time. A copy of the MWELO will be maintained in the community development department and will be made available for public inspection during regular business hours. (c) Applicability. The MWELO applies to the following projects:
(1) New landscape projects with an aggregate landscape area equal to or greater than 500 square feet. (2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet and requiring a building, plan check or design review; and (3) For purposes of this section, aggregate landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel, or stone walkways, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment. (d) Exemptions. The following projects or landscapes are exempt from or subject to limited review pursuant to MWELO.
(1) Projects involving new construction of an aggregate landscape area of less than 2,500 square feet that comply with the prescriptive measures.
26-85 General Landscaping Standards
(a) General location for landscape improvements. All landscaping shall be provided in the following locations for all types of development as listed below, unless the approval authority determines that the required landscape is not necessary to fulfill the provisions of this division. Nothing in this division is intended to discourage landscaping in excess of the minimum requirements listed herein. (b) Setbacks, public frontage and street frontage. All setback areas required by this Development Code, areas between the curb and setback, public frontage areas, or portions of the site with any street frontage, shall be landscaped and maintained in compliance with this division, except where an area of required setback is improved with a paved surface such as a sidewalk or driveway. (1) In all industrial zones, the front and exterior side yard setback areas adjoining public rights-of-way are required to be landscaped, including the property frontage within the right-of-way.
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(2) Trees are required along sidewalks and primary street frontages, in addition to other landscaping requirements. Street trees shall be required where the public parkway is at least four (4) feet wide. A twenty-four (24) inch box street tree shall be planted for each thirty (30) feet of linear street frontage along any property line abutting a public or private street (on average). The Director of Public Works may approve deviations to these standards when site conditions (e.g. utilities or significant topography constraints) preclude the placement of trees.
(c) Undeveloped areas. All areas of a site that are part of an entitled and/or approved master planned development application, such as pad sites being held for future development, shall be landscaped in compliance with this division.
(d) Pedestrian paths and pedestrian entrances. Along pedestrian pathways and at building entrances, trees shall be provided in compliance with this division for shade and climate control to define public spaces, and moderate high temperatures and wind speeds.
(e) Plant type. Landscape planting shall emphasize climate appropriate, drought-tolerant, native, and non-invasive species shall complement the architectural design of the structures on site, and shall be suitable for the soil and climatic condition specific to the site. Plant species known to be invasive and listed on the California Invasive Plant Inventory published by the California Invasive Plant Council (Cal-IPC) are prohibited. Within Fire Hazard Severity Zones as determined by CALFire, plantings shall not include fire prone species and the plant palette shall be approved by the West Covina Fire Department.
(f) Planting layout and plant diversity. Plant selection shall vary in the type and planting pattern. Informal planting patterns are preferred over uniform and entirely symmetrical planting patterns. Use of deciduous flowering trees and shrubs and colorful plantings is encouraged in conjunction with evergreen species. Groupings of shrubs shall contain multiple plant types, interspersed with varying heights and blooming seasons for yearround interest. (g) Street and parking lot trees.
(1) Street and parking lot trees shall be selected from the City’s adopted master list of street trees and parking lot trees.
(2) Parking lot trees. An average of at least one (1) tree (minimum 15 gallon) of a species satisfactory to the Community Development Director or their designee shall be planted for every six (6) parking spaces. (3) The total number of required parking trees may be reduced to one (1) tree for every ten (10) parking stalls if the lot landscape requirements set forth in 26-86(a) is increased by fifty (50) percent (12% of total lot area for all zones, except M-1, which is 6).
(4) Any tree that partially shades a parking space or a drive aisle may be considered a parking lot tree and included in the calculation of total parking lot trees. (5) There shall be a minimum three (3) foot wide (inside dimension,) landscape planter separating a building or wall from a driveway or parking area.
(6) All planted areas shall be surrounded by a concrete curb six (6) inches above final grade or above asphalt level of the parking lot. However, when such planted areas lie adjacent to a concrete sidewalk, masonry wall, or a building, a raised concrete curb need not be provided in the adjacent area. (h) Trees planted within ten (10) feet of a street, sidewalk, paved trail, or walkway shall be a deep-rooted species or shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements. (i) Planting size, spacing, and planter widths. In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, planting spacing, and minimum planter widths (inside measurements) are as follows:
(1) Trees. The minimum planting size for trees for industrial, mixed-use, commercial, office, and community or civic uses shall be 15-gallon, with 25 percent of all trees on a project site planted at a minimum 24-inch box size. For industrial, mixed-use, commercial, office and community or civic uses, tree spacing within City of West Covina
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perimeter planters along streets and abutting residential properties shall be planted no further than 25 feet on center, on average. Minimum planter widths for trees shall be between five and ten feet, consistent with the City’s adopted master list of street trees and parking lot trees. (2) Shrubs. Shrub planting shall be a minimum five-gallon size, with a 15-gallon minimum size required where a landscape screen (visual buffer) is conditioned by the designated approving authority (e.g., screening of headlights from drive-through aisles). The minimum planter width for shrubs is four feet. (3) Ground Cover. Plants used for mass planting may be grown in flats of up to 64 plants or in individual onegallon containers. Rooted cuttings from flats shall be planted no farther apart than 12 inches on center, and containerized woody, shrub ground cover plantings shall be planted no farther apart than 3 feet on center in order to achieve full coverage within one year. Minimum planter width for ground cover is two feet, with the exception of sod, which requires a minimum planter width of six feet. (j) Synthetic Turf. Synthetic turf may be used as a substitute for natural turn for the purposes of water conservation.
The use of synthetic turf on properties zoned for multi-family residential or non-residential uses shall require an administrative permit, pursuant to Article VI, Division 6. The following standards shall apply to the use and maintenance of synthetic turf.
(1) Synthetic turf shall be allowed in areas visible from a public street, park, public parking lot for nonresidential developments or located within the setback areas of properties zoned R-1 or R-A. (2) Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of one and one-half inches.
(3) The installation of synthetic turf shall also include a proper drainage system installed underneath to prevent excess runoff or the pooling of water.
(4) Landscaping comprised of synthetic turf shall be periodically maintained to simulate the appearance of a well-maintained lawn.
(5) The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic or natural turf shall be prohibited.
(6) Synthetic turf shall be installed in combination with natural plant materials including trees, shrubs, hedges and ground cover to enhance the overall landscape design. (7) All landscape areas where synthetic turf is implemented shall be cleaned and maintained based on manufactures’ guidelines for maintenance.
(8) The administrative permit shall be valid for up to ten years or as determined by the recommended longevity of the synthetic turf manufacturer.
(9) Application submittal requirements. An application for the use of synthetic turf shall include the following items:
(i) A site plan including the dimensions and details of the landscaped area, including both the proposed synthetic turf area and live plant material landscaped areas. The plan shall also describe the specific type of synthetic turf to be installed.
(ii) A sample of the synthetic turf to be implemented.
(iii) Specifications of the synthetic turf detailing including the synthetic turf materials and components, longevity of the turf.
(k) Landscape criteria for multi-family residential and mixed-use zones that include residential uses. (1) All open areas or unused space exceeding 24 square feet resulting from the design or layout of parking spaces or accessory structures with the exception of vehicular accessways and parking areas, pedestrian walkways, and paved or covered recreational facilities, shall be landscaped and irrigated with a fully automatic system in conformance with this division. Such landscaping and irrigation shall be permanently maintained in a functional, dust free, disease free, and weed free condition.
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(2) No planting area shall be less than twenty-four (24) square feet or less than three (3) feet in width (inside dimensions) with the exception of raised planter boxes around or in close proximity to buildings. (3) A minimum of six (6) feet of the rear or side yard adjacent to single-family or multi-family residential zoning or development shall be landscaped with plant materials and trees appropriate in size and type to create a solid plant screen, subject to the approval of the Community Development Director or their designee, and as represented on the approved landscaping plan.
(4) Undeveloped areas proposed for future expansion shall be maintained in a weed free and dust free condition.
(5) Landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed necessary by the Community Development Director or their designee. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this division.
(6) Landscape areas shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low-head drainage, overspray and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways or structures. A regular maintenance schedule should include but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree pruning shall be performed in compliance with acceptable standards as set forth by the Western Chapter international Society of Arborists. (7) The landscaping and irrigation plan shall be approved by the Community Development Director or their designee subject to the following criteria. Landscape and irrigation plans for projects with required landscaping consisting of five thousand (5,000) square feet or more, shall be prepared by a licensed landscape architect. The Community Development Director or their designee has the right to disapprove a landscaping plan if the quantity, size, type, placement, and use of plant material do not meet the minimum requirements of this section. The Community Development Director or their designee shall also determine whether the type, size, and location of the proposed landscaping is appropriate given the scale and design of the development.
(8) All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Article III, Division 5, standards for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.
26-86 Landscape Area Requirements
(a) Landscape criteria for office, commercial, mixed-use, and industrial zones. (1) A minimum of eight (8) percent of the total net area (net area shall be computed by excluding public streets) of the development, in all zones except the manufacturing (M-1) zone, shall be landscaped, and permanently watered with a water efficient automatic irrigation system. In the manufacturing (M-1) zone, a minimum of four (4) percent of the total net area (net area shall be computed by excluding public streets) of the development shall be landscaped, and permanently watered with a water efficient automatic irrigation system, and seventy-five (75) percent of the landscaping shall be within fifty (50) feet of a public street.
(2) Approximately one-half of such landscaped area shall be generally distributed throughout the parking lot with the remainder as planted areas around buildings, peripheral planters around the site, parkways, street tree wells and other locations as deemed appropriate by the Community Development Director or their designee. The Community Development Director or their designee shall also determine whether the type, size, and location of the proposed landscaping is appropriate given the scale and design of the development. (3) No planting area shall be less than twenty-four (24) square feet or less than three (3) feet in width (inside dimensions) with the exception of raised planter boxes around or in close proximity to buildings.
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(4) A minimum of six (6) feet of either the rear or side yard adjacent to single-family or multi-family residential zoning or development shall be landscaped with specimen plant materials and trees appropriate in size and type to create a solid plant screen, subject to the approval of the Community Development Director or their designee, and as represented on the approved landscaping plan. (5) Undeveloped areas proposed for future expansion shall be maintained in a weed free and dust free condition.
(6) All landscaping referred to in this section shall be maintained in a neat orderly fashion and free of debris. (7) The landscaping and irrigation plan shall be approved by the Community Development Director or their designee in compliance with the provisions of this division. Landscape and irrigation plans or projects with required landscaping consisting of two thousand five hundred (2,500) square feet or more, shall be prepared by a licensed landscape architect. The Community Development Director or their designee has the right to disapprove a landscaping plan if the quantity, size, type, placement and use of plant material do not meet the minimum requirements of this division, Planning Commission guidelines for water efficient landscaping.
(b) Existing/established landscapes
(1) All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Article III, Division 5 of this Code, and the Planning Commission guidelines for water efficient landscaping, unless specifically exempted by those water efficiency provisions. 26-87 Maintenance
In addition to any other provisions of this Development Code, the following requirements apply to all residential zones:
(a) All landscaped areas shall be maintained in a healthy and growing condition and shall receive routine pruning, fertilizing, mowing, and trimming.
(b) All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and necessary cleaning as part of routine maintenance.
(c) All landscape areas shall be kept free of weeds and debris. (d) If a property proposed for mixed-use, commercial or industrial use, maintenance of any landscaping between the curb of any street abutting the property and the property line shall be the responsibility of the owner of that property.
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DIVISION 6 PARKING AND LOADING [NEW – COMBINED AND CONSOLIDATED EX.
PARKING STANDARDS FOR MULTIFAMILY, SINGLE-FAMILY, MIXED-USE, AND COMMERCIAL ZONES]
26-88 Purpose and Applicability
(a) The purpose of this division is to establish parking, loading and bicycle standards and regulations to provide for safe, attractive, and convenient parking areas and ensure that parking areas are compatible with surrounding and uses.
(b) Applicability.
(1) Off-street parking shall be provided for both vehicles and bicycles per the requirements of the Development Code for the following applications:
(i) New development.
(ii) Building additions.
(iii) Temporary uses.
(iv) Changes in land uses.
(2) In all situations where additional vehicular parking spaces are required, all existing and proposed handicapped parking spaces shall be located on site shall be marked and striped in accordance with the State of California Building Standards Code, Title 24 of the California Code of Regulations. (3) All parking spaces shall be independently accessible, with the exception of tandem spaces as permitted in the standards below.
26-89 General Provisions
(a) Vehicles in R-A and R-1 zones. [EX. SECTION 26-392] (1) Commercial vehicles. It shall be unlawful to park or store any commercial vehicles, trailers, or other related equipment. The provisions of this subparagraph (1) do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, or recreational vehicles.
(2) Allowed parking area. For residentially zoned lots developed with a single-family residence, allowed parking areas, in addition to a permitted garage or carport, are:
(i) Allowed paved areas of the front yard and paved areas of the unscreened street side yard as defined in subsection 26-46.
(ii) Areas of interior side, street side, as defined in subsection 26-46, or rear yards which are fully screened by solid six-foot fences or walls and/or view-obscuring landscaping, except within five (5) feet of the rear property line.
(iii) Public sidewalks and paved areas of a public parkway are not considered allowed parking areas. (3) Parking of recreational vehicles, recreational equipment and trailers, and utility trailers within side and rear yards. Recreational vehicles, recreational equipment and trailers, and utility trailers may be parked in fullyscreened side or rear yard areas as set forth in subsection (2)(ii). (4) Parking of recreational vehicles, recreational equipment and trailers, and utility trailers in the front yard or unscreened street side yard.
(i) Under no circumstance may utility trailers be parked in the front yard or unscreened street side yard. (ii) Campers and camper shells placed on the ground or otherwise not properly mounted on a pickup or other truck may not be stored in the front yard or unscreened street side yard. (iii) Vehicles must be registered to the permanent resident of the property and registered to the property address.
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(iv) Vehicles shall be maintained in proper condition. Vehicles stored or maintained in one (1) or more of the following conditions shall be deemed to be in violation of this standard:
a) Vehicles with damaged or broken windows or doors, or damaged or torn screens or shades. b) Vehicles that are covered with tarps or other covers which are deteriorating or torn. c) Vehicles with damaged or broken parts, including, but not limited to, tow bars, mirrors, light shields, bumpers, tanks, ladders, soft top cover for popups, luggage compartment doors, air handling units, and luggage racks.
d) Vehicles with any peeling, blistering, rusting, or otherwise deteriorating exterior surface. e) Vehicles with open awnings, open slide-outs, and open popups. (v) In addition to other applicable standards, vehicles may not be parked closer than a distance of five (5) feet from the curb face or the edge of the street pavement, if no curb exists. (vi) In no case shall the parking of a motor home, accessory recreational vehicle, or recreational equipment and trailer in a location other than the primary driveway block the use of the primary driveway or access to the garage or carport by other vehicles. (vii) One (1) motor home or accessory recreational vehicle may be parked on the side pad, circular drive, or other allowed parking areas that are not part of the primary driveway leading directly to a garage or carport without the approval of an administrative permit. (viii)Motor homes, accessory recreational vehicles, and recreational equipment and trailers, up to an overall total of two (2) such vehicles, may be parked in any allowed parking area, subject to the approval of an administrative permit pursuant to the provisions of section Article VI, Division 6, and further pursuant to the provisions of subsection (e) below. A first motor home or accessory recreational vehicle permitted to be parked pursuant to subsection (8) above shall be included in the total of two (2) vehicles.
(5) Administrative permit. The approval of an administrative permit for the parking of motor homes, accessory recreational vehicles, and recreational equipment and trailers pursuant to subsection (4) (viii) above shall be subject to the following:
(i) The parking of vehicles shall comply with all requirements of subsection 26-89(a)(4). (ii) The administrative permit shall be valid only for the specific vehicle(s) identified in the permit.
Approval to park any new or replacement vehicle(s) shall require a separate administrative permit. (iii) An administrative permit to park recreational equipment and/or trailers may only be approved in cases where no other suitable parking area exists in a garage, carport, or side or rear yard, as determined by the Community Development Director or their designee. Grounds for the inability to use the side or rear yard shall include the inability to provide appropriate access to said yards and/or inadequate area. Grounds for the inability to use a garage or carport shall include inadequate size and dimensions. The parking of other vehicles or the storage of other goods and equipment shall not constitute grounds for the inability to use a garage or carport. (iv) An administrative permit to park vehicles in the primary driveway may only be approved in cases where no other suitable parking area exists outside of the primary driveway and the installation of such suitable parking area is not possible or practicable given topography, lot size or configuration, or other existing improvements on the lot, as determined by the Community Development Director or their designee.
(v) The administrative permit may prescribe a specific area or location where the vehicle must be parked in the front yard.
(vi) Parking of motor homes, accessory recreational vehicles, and/or recreational equipment and trailers shall not be allowed in the primary driveway if the subject lot does not have a garage and/or carport.
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(vii) Findings. Before an application for an administrative permit may be granted, the following findings shall be made:
a) The manner and location proposed for the parking of vehicles is sensitive to visibility from and adverse aesthetic impacts to surrounding properties.
b) The manner and location proposed for the parking of vehicles is sensitive to the safety and convenience of pedestrians and motorists.
c) The proposed parking of vehicles will not unreasonably infringe upon the use and enjoyment of adjoining properties.
d) In the case of an application for parking of recreational equipment and trailers, no other suitable parking area exists in a garage, carport, or side or rear yard. e) In the case of an application for parking of vehicles in the primary driveway, no other suitable parking area exists outside of the primary driveway and the installation of such suitable parking area is not possible or practicable given topography, lot size or configuration, or other existing improvements on the lot.
(6) Inoperable vehicles. It shall be unlawful to park or store any inoperable vehicle in any front yard, or any other yard where not screened from all off-site ground-level views, for more than 72 hours. Up to two (2) inoperable vehicles may be parked for any length of time in an enclosed garage or the rear or side yards where such yards are completely enclosed with six-foot solid walls or fences. (7) Auto repair and service.
(i) It shall be unlawful to service or repair any vehicle, inoperable or not, whether or not registered to the occupant of the property, or otherwise belonging to him/her, except completely within the garage, carport, or on the primary driveway. Only one (1) vehicle at a time may be serviced or repaired on the primary driveway or in a carport per residential lot.
(ii) Notwithstanding subsection (5)(i), it shall be unlawful to conduct more than (2) incidents of repair or service within a thirty-day period on vehicles not registered or otherwise belonging to the occupant(s) of the property on which the repair or service is taking place. An incident shall include all repair or service activities occurring within a seventy-two-hour period. This section shall not apply to an incident of repair or service required by an emergency.
(iii) An incident of repair or service under subsections (5)(i) and (ii) shall be allowed only if the repair or service is conducted between 8:00 a.m. and 10:00 p.m., noise levels created do not exceed the ambient noise level by more than five (5) decibels at the property line, and the repair or service complies with applicable environmental, health and safety codes and regulations. Further, use of power tools (pneumatic or electrical) shall not be permitted beyond the hour of 8:00 p.m. (iv) No tools, motor vehicle parts, supplies, or equipment used for automobile repair and service shall be left, stored or maintained outdoors in a location that is readily visible from a public right-of-way or an adjoining property upon any overnight interruption or cessation of repair work. (v) All fluids, liquids and oil or other petroleum products that are taken out of a motor vehicle or used in conjunction with any repair work shall be disposed of in a lawful manner. In no instance shall these products or substances be allowed to drain or spill onto adjoining property or into the public right-ofway, storm drain, plumbing system or sewer system. (vi) Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic equipment (as determined by the Community Development Director or their designee) are prohibited from being installed, kept, stored, maintained or otherwise used for conducting automotive repair or storing of vehicles. (8) Operations of vehicles on private property. The following shall apply:
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(i) It shall be unlawful to operate any motor vehicle (as defined in Section 415 of the Vehicle Code of the State of California) upon the private property of another without first obtaining the written permission of said owner.
(ii) Persons who obtain permission from private property owners to operate motor vehicles thereon shall maintain in their possession such written permission at all times when operating motor vehicles on said private property.
(iii) This subsection in no way prohibits the use of such private property by:
a) Emergency vehicles.
b) Vehicles of commerce in the course of the conduct of normal business. c) Vehicles being operated on property devoted to commercial purposes where the general public is expressly or implicitly invited to such property.
d) Vehicles operated on property actually used for residential purposes and where such vehicle is there at the express or implicit invitation of the owner or occupant. (9) Use of vehicles as living quarters. It shall be unlawful to use or allow to be used any motor home, accessory recreational vehicle, or similar type trailer as a living quarters. For purposes of this subsection living quarters shall mean occupying the vehicle for the purpose of living, eating, cooking, or sleeping on a permanent basis in a manner similar to the occupancy of a dwelling unit. No plumbing or electrical permits shall be issued for the purposes of serving a motor home, accessory recreational vehicle of similar type of trailer on a single-family property. A permit to use a motor home, accessory recreational vehicle, or similar type trailer, as temporary habitation shall be allowed under the following conditions:
(i) An administrative permit shall be obtained from the planning division. (ii) Permits shall be granted for a maximum total of 15 days in a calendar year at a property with a habitable single-family residence.
(10) Public nuisance. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to allow the existence of any violation of this section.
(b) Vehicles in multi-family residential and mixed-use zones. [EX. SECTION 26-438] (1) Commercial vehicles. It shall be unlawful to park or store any commercial vehicles, trailers or other related equipment. The provisions of this subparagraph (a) do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, or recreational vehicles.
(2) Utility trailers and accessory recreational vehicles. Utility trailers and accessory recreational vehicles may be parked in enclosed parking areas only.
(3) Inoperable vehicles. No more than one (1) inoperable vehicle may be kept on-site per dwelling unit for no more than 72 hours. If so kept, an inoperable vehicle must be fully within a garage, carport, or other approved covered or enclosed parking space.
(4) Auto repair and service.
(i) It shall be unlawful to service or repair any vehicle, inoperable or not, whether or not registered to an occupant of the property, or otherwise belonging to him/her, except completely within the garage, carport, or other approved parking space. Only one (1) vehicle at a time may be repaired or serviced in a carport or approved parking space per dwelling unit. (ii) Notwithstanding subparagraph (4)(i), it shall be unlawful to conduct more than two (2) incidents of repair or service within a thirty-day period on vehicles not registered or otherwise belonging to the occupant(s) of the property on which the repair or service is taking place. An incident shall include all repair or service activities occurring within a seventy-two-consecutive-hour period. This section shall not apply to incidents of repair or service required by an “emergency.” City of West Covina
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(iii) An incident of repair or service under subsections (4)(i) and (ii) shall be allowed only if the repair or service is conducted between 8:00 a.m. and 10:00 p.m., noise levels created do not exceed the ambient noise level by more than five (5) decibels at the property line, and the repair or service complies with applicable environmental, health, and safety codes and regulations. Further, use of power tools (pneumatic or electric) shall not be permitted beyond the hour of 8:00 p.m. (5) Public nuisance. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to allow the existence of any violation of this section.
(i) No tools, motor vehicle parts, supplies, or equipment used for automobile repair and service shall be left, stored or maintained outdoors in a location that is readily visible from a public right-of-way or an adjoining property upon any overnight interruption or cessation of repair work. (ii) All fluids, liquids and oil or other petroleum products that are taken out of a motor vehicle or used in conjunction with any repair work shall be disposed of in a lawful manner. In no instance shall these products or substances be allowed to drain or spill onto adjoining property or into the public right-ofway, storm drain, plumbing system or sewer system. (iii) Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic equipment (as determined by the Community Development Director or their designee) are prohibited from being installed, kept, stored, maintained or otherwise used for conducting automotive repair or storing of vehicles. (c) Off-street parking standards for commercial, office and industrial zones [EX. SECTION 26-581] (1) Generally: All parking areas in nonresidential zones shall conform to the requirements set forth in Planning Commission Resolution No. 2513 and Article III, Division 6. (2) Location: Off-street parking facilities shall be located as specified hereinafter, and shall also comply with Article III, Division 6. Where a distance is specified, such distance shall be the walking distance measured from the nearest point of the parking facility to the nearest point of the building entrance that such facilities are required to serve:
(i) For hospitals, homes for the aged, orphanages, and other similar uses, not more than 300 feet from the building they are required to serve; and
(ii) For uses other than those specified above not over three hundred (300) feet from the building they are required to serve.
(iii) Off-street parking facilities at greater distances than specified above may be permitted subject to the approval of a conditional use permit as set forth in Article VI of this chapter. (3) Mixed occupancies: In the case of mixed uses, the total requirements for off-street parking facilities shall be the sum of the requirements for the various uses computed separately. Off-street parking facilities for one (1) use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use in section 26-92.
(4) Uses not specified: Where the parking requirements for a use is not specifically defined herein, the parking requirements for such use shall be determined by the Community Development Director, or their designee, in the manner set forth in Article I, Division 2 of this chapter, and such determination shall be based upon the requirements for the most comparable use specified herein. (5) Minor parking reduction: The Community Development Director or their designee may, upon application of an administrative use permit by the owner or lessee of any property, authorize a five (5) percent reduction of the number of spaces required by section 26-90, based on quantitative information (e.g., parking survey of the site, documentation of customer frequency, etc.) documents the need for fewer spaces.
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26-90 Number of Parking Space Required and Parking Design Standards [EX. SECTION 26-582] (a) Number of Parking Spaces Required
Table 3-2 Number of Parking Spaces Required
Land Use Type Vehicle
General Business
All business financial and professional service uses,
except uses listed below.
1 space for each 250 sf of gfa of leasable area or as required by CUP
Automobile, boat, trailer sales or rental; retail nurseries, lumber yards, other open uses
1 space for each 1,000 sf of gfa devoted to display or as required by CUP.
Automobile service stations 1 space for each two employees (minimum of 2 spaces), plus 1 space for each service bay or as required by CUP.
Adult day care services 1 space per employee and 1 additional space per 10 clients or as required by CUP
Automated teller machines 2 spaces for each machine or as required by CUP.
Bars, taverns, and similar uses 1 space for each 50 sf of gfa seating and waiting areas or as required by CUP.
Billiard parlors 1 space for each billiard table, plus 1 space for each employee or as required by CUP.
Boarding house 1 space for each unit.
Bowling alley 5 spaces for each alley or as required by CUP.
Business, general retail, personal service 1 space for each 250 sf of gfa or as required by CUP.
Clubs, fraternal organizations, etc. 1 space for each 2 beds, plus 1 space for each 40 sf of assembly area or as required by CUP.
Convalescent homes 1 space for each 2 beds or as required by CUP.
Construction and heavy equipment sales, including
equipment rental
1 space for each 300 sf of gfa of display area and an additional space for each 1,000 square feet of outdoor display area.
Furniture, appliance / equipment sales. 1 space for each 300 sf of gfa of display area or as required by CUP.
Gasoline sales 1 space for each gasoline pump, plus 1 space per employees plus additional parking requirements for each ancillary use.
Hospitals and sanitariums 1.5 spaces for each .75 beds (2 spaces per bed).
Medical and Dental Office 1 space for each 250150 sf of gfa, or as required by CUP.
Motels and hotels, including B&B inns 1 space for each room or as required by CUP.
Mortuaries, funeral home 1 space for each 4 seats in assembly area and 1 space per employee or as required by CUP.
Office 1 space for each 300 sf of gfa for buildings under 20,000 sf or 350 sf of gfa for buildings 20,000 sf or more.
Orphanage and rest home 1 space for each 3 beds or as required by CUP.
Recreational vehicle, boat, or motor-home sales 1 space per 450 sf of gfa of building area or as required by CUP.
Restaurant, greater than 2,500 square feet (permanent
seating, drive-in, drive-through) and cocktail lounges
1 space for every 100 square feet of GFA, plus 1 space for every
3.5 permanent seats, and 1 space per 150 square feet of gfa of 1 space for every 5 seats of outdoor customer dining area in excess of 500 square feet. For outdoor customer dining area, no parking spaces are required for the first 500 square feet or as required by CUP.
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Land Use Type Vehicle
Restaurant, 2,500 square feet or less (permanent
seating,) and cocktail lounges1
1 space for each 250 sf of gfa of leasable area or as required by CUP or as required by CUP.
Shopping centers 1 space for each 250 sf of gfa of gross leasable area or as required by CUP.
Theaters, skating rinks, other
places of public assembly
1 space for every 3 seats, plus 1 space for every 40 sf of assembly area not occupied by seats or as required by CUP.
Veterinary clinics, including animal boarding and kennels. 1 space for each 350 sf of gfa and 1 additional space for each 1,250 sf of gfa of boarding area or as required by CUP.
Warehouse 1 space for each 400 sf of gfa or as required by CUP.
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Land Use Type Vehicle
Industrial, Manufacturing and Processing, Wholesale
Brewery, distillery with or without tasting or tap rooms 1.55 spaces per 1,000 sf of gfa which may include a maximum of 10% office space, plus if the percentages of office space exceed 10% of the gfa, 4 spaces per 1,000 sf of gfa in excess of 10%.
Tasting or taprooms and outside patios: 17 spaces per 1,000 sf of gfa.
Computer game/internet access center 1 space for each 5 machines, plus 1 space for each 5 spaces in waiting area or as required by CUP.
Industrial, manufacturing / Processing, wholesale uses
less than 50,000 sf.
1 space for each 350 sf of gfa, or as determined by CUP. Gross floor area may include any ancillary uses including offices or as required by CUP.
Industrial, manufacturing / Processing, wholesale uses
greater than 50,000 sf.
1 space for each 700 sf of gfa, or as determined by CUP. Gross floor area may include any ancillary uses including offices or as required by CUP.
Laboratory, research and development 1 space for each 300 sf of gfa. plus 1 space for each company vehicle.
Recycling facility 1 space for each 1,000 sf of gfa, or as determined by CUP. The gfa may include ancillary uses including office space or as required by CUP.
Self-storage facilities A minimum of 5 parking spaces for customers and 2 additional spaces for on-site management or as required by CUP.
Wholesale and warehouse distribution. 1 space for each 1,000 sf of gfa or as determined by CUP. The gfa may include ancillary uses including office space.
Adult entertainment 1 space for each 250 sf of gfa, or as determined by CUP or as required by CUP.
Commercial recreation facility 1 space for each 250 sf of gfa or as required by CUP.
Conference, convention facility 1 space for each 4 seats or 1 space for every 50 sf of gfa. of assembly area or meeting rooms, whichever is greater or as required by CUP.
Fitness facility or health club 1 space for each 250 sf of gfa, not including areas devoted to courts, plus 2 spaces for athletic courts or as required by CUP or AP.
Library, museum 1 space for each 300 sf of gfa and 1 space for associated vehicles or as required by CUP.
Schools
Elementary schools 1 space for each employee or as required by CUP.
Junior high 1 space for each employee, plus 1 space for each 20-50 students or as required by CUP.
High school 1 space for each employee, plus 1 space for each 5 students or as required by CUP.
Colleges, business schools, trade schools, and similar
uses
1 space for each 2 employees, plus 1 for each 2 students or as required by CUP.
Sports and entertainment assembly facilities 1 space for each 4 seats or 1 space for every 50 sf of gfa. of assembly area or meeting rooms, whichever is greater or as required by CUP.
Studios including art, dance, martial arts, music,
educational, etc.
1 space per 200 sf of gfa or as required by CUP.
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Land Use Type Vehicle
Theatre, auditorium, religious facilities 1 space for each 4 seats or 1 space for every 50 sf of gfa of assembly area or meeting room, whichever is greater or as required by CUP.
Residential Uses
Child day care centers 1 space per employee, plus 1 additional space per 10 children or as required by CUP.
Child day care; large family day care homes. Same as single-family or multi-family dwelling, or as required by State license or as required by CUP.
Child day care – small day care home Same as single-family or multi-family dwelling, or as required by State license or as required by CUP.
Condominiums 2 spaces for each unit, plus 1 guest space for each 4 units or as required by CUP.
Emergency shelters 1 space per four beds and/or .5 per bedroom, plus 1 parking space per staff member or as required by CUP.
Fraternity, Sorority, dormitory 1 space per bed.
Live/work units 2 spaces, plus 1 guest space for each 2 units.
Multi-family dwelling (non-condominium) 2 spaces for each unit, plus 1 guest space for each 4 units.
Multi-family, mixed-use One (1) covered parking space per studio unit; One and a half (1.5) covered spaces per 1-bedroom unit; Two (2) spaces covered per 2-bedroom or larger unit; and 1 guest space for each 4 units.
Residential care Group home / facilities, and other special group residences
Six or fewer residents: See single-family dwelling parking.
Seven or more residents: 1 space for each 2 residential units and an additional 1 space for guests and employees.
Single-family dwelling Four or fewer bedrooms: 4 spaces, 2 of which shall be enclosed within a garage;
Greater than four bedrooms: one additional garage space shall be required for every two additional bedrooms exceeding the fourth bedroom.
Senior housing (A) 0 to 1 bedroom: 1 onsite parking space. (B) 2 to 3 bedrooms: 1.5 parking spaces.
(C) 4 bedrooms or more: 2.5 parking spaces.
(D) or as required by CUP.
Notes:
1 Restaurants less than 2,500 square feet in gfa and located within a multi-tenant parking center may provide parking at the general retain parking rate.
gfa refers to gross floor area.
(b) Vehicle parking standards
(1) Off-Street parking standards for R-A and R-1 zones. [EX. SECTION 26-402] (i) Each single-family dwelling shall provide four (4) accessible off-street parking spaces for each dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed. (ii) For single-family dwellings with a gross floor area (exclusive of garages) of four thousand five hundred (4,500) square feet or greater or with five (5) or more bedrooms a minimum of the three (3) offstreet parking spaces located within an enclosed garage is required.
Tandem parking may be permissible for the purpose of providing the three (3) required parking spaces provided tandem parking is limited to not more than one (1) vehicle behind City of West Covina
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another and a minimum of two (2) parking spaces are provided side-by-side at the garage entrance.
Legal nonconforming covered parking spaces that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming covered parking spaces were legally established and maintained. The requirements of this section shall apply to new construction and the expansion of existing single-family dwellings.
(iii) When a carport is not readily visible from the street, the City may determine that six-foot or higher masonry walls around the perimeter of the property (or other view-obscuring physical or topographical features) constitute enclosure.
(iv) All covered parking spaces shall be enclosed on three (3) sides and roofed unless a carport is not readily visible from the street, the City may determine that six-foot or higher masonry walls around the perimeter of the property (or other view-obscuring physical or topographical features) constitute enclosure. Porte cocheres may be allowed when visible from the street if the architectural style and materials are consistent with the house, subject to the review and approval of the planning director. (v) Garages and carport shall have a minimum interior clear width and depth of twenty (20) feet between columns or walls. Three-car garages shall have a minimum interior clear width of thirty (30) feet and depth of twenty (20) feet. In cases where a tandem parking space is proposed to comply with a required three-car garage, a minimum of two (2) parking spaces shall be provided side-byside at the garage entrance and a minimum of ten (10) feet by twenty (20) feet shall be provided behind. Unless otherwise approved in advance by the community development director in writing, placement of garage doors shall be centered between columns or walls. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport, except as modified in 26-46(c). The balance of the required spaces, if uncovered, shall have minimum dimensions of eight (8) feet by sixteen (16) feet. a) In the case where an expansion to the existing single-family structure exceeds three hundred (300) square feet, a new garage or carport conforming to the provisions regulating width and depth in subsection (v) of this section shall be required. If the property is developed with an existing twocar garage or carport, the existing garage or carport shall be maintained. In addition, compliance with the provisions regulating the number of required off-street parking spaces in subsection (i) and any front, side and rear yards as regulated by this article shall be required. (vi) Garages or carports opening towards a side street shall be set back a minimum of twenty-two (22) feet from the property line.
(vii) In addition to the minimum number of off-street parking spaces required for each dwelling unit, additional off-street parking space(s) shall be required on the basis of dwelling unit size according to the following schedule:
Table 3-3 Additional Required Parking Spaces
Gross Unit Size (Sq. Ft.) (Exclusive of Garages) Additional Number of Required Parking Spaces 4,000 – 5,499 1
5,500 – 7,000 2
7,001 – 8,000 3
8,001+ As per an approved CUP or maximum unit size exception (viii)Said additional parking space(s) may, but need not be provided in a carport or garage. The minimum required dimensions for uncovered parking spaces shall be eight (8) feet by sixteen (16) feet. (ix) Garages which are intended to accommodate four (4) or more cars shall not open to any public street, unless designed as a subterranean garage.
(x) A minimum unobstructed vehicular maneuvering distance of twenty-five (25) feet measured from the opening of the garage or carport shall be provided, except as otherwise permitted in this section.
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Minor design modifications may be approved, due to the uniqueness of the property as determined by the planning director.
(2) Off-street parking standards for multi-family residential zones (Mf-8, MF-15, MF-20, and MF-45) [EX.
SECTION 26-506]
(i) Condominiums:
a) Carports shall not be permitted.
b) There shall be two (2) parking spaces provided for each dwelling at a minimum size of ten (10) by twenty (20) feet per space. The required parking shall be provided in a garage or garages. Location of parking spaces shall be within sixty (60) feet of the dwelling unit. c) Guest parking shall be provided one (1) space for every four (4) dwelling units. The spaces need not be enclosed. The guest parking shall be located within one hundred fifty (150) feet of the units and dispersed throughout the development.
(ii) In Multi-Family dwellings (non-condominium)
a) There shall be two (2) parking spaces provided for each dwelling unit, at least one (1) of which shall be enclosed on three (3) sides and roofed. An additional ten (10) percent of the required parking spaces shall be provided for guest parking, shall be labeled "Guest Parking Only," and shall be dispersed throughout the development. Covered and uncovered spaces shall be permanently maintained for required parking and guest parking spaces shall not be used for storage of boats, campers, or recreation vehicles.
b) Each covered parking space shall be at least ten (10) feet wide by twenty (20) feet long except individual garages shall be at least eleven (11) feet wide and twenty (20) feet long. Garage doors shall be at least ten (10) feet wide.
c) Parking areas shall be evenly distributed throughout the development and no dwelling unit shall be located more than two hundred (200) feet from its assigned parking area. d) All covered spaces shall be enclosed on three (3) sides. However, if the spaces are built in combinations of two (2) or more, only the rear and the two (2) ends need be enclosed. Design and material shall be architecturally compatible with the main structures. (iii) In Multi-Family dwellings (including condominiums):
a) Each uncovered space shall be at least nine (9) feet wide and twenty (20) feet long. b) Covered or uncovered spaces, when adjacent to walls shall be at least eleven (11) feet wide, twelve (12) feet where the wall extends beyond the space. Three-car garages are exempt from this requirement.
c) No off-street parking shall be permitted within any front or side yard setback area when adjacent to a street.
d) Garages or carports (carports prohibited in MF-8 zone) may be located within the side or rear yard setbacks except when side or rear yards abut a public street. In no case, however, may a garage or carport be constructed within twenty (20) feet of any side or rear street or twenty-five (25) feet of any front street in MF-8, MF-15 or MF-20 zones and fifteen (15) feet from any street in MF-45 zone.
e) No carport or garage shall open directly upon a public street. f) Required parking and guest parking shall be maintained permanently. g) All parking areas shall conform to Planning Commission Resolution No. 2513. 26-91 Bicycle Parking Standards *NEW*
Bicycle Parking facilities shall be provided in the following manner:
(a) Number of spaces required.
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Table 3-4 Bicycle Parking Spaces Required
Land Use Short-term/Visitor Bicycle Parking Long-Term Employee or Resident Bicycle Parking Non-Residential If the new project or an addition or alteration is anticipated to generate visitor traffic,
provide 5 percent of new motorized vehicle
parking spaces being added, with a minimum
of 1 two-bike capacity rack.
For new buildings with tenant spaces that have 10
or more tenant-occupants, provide secure bicycle
parking spaces for 5 percent of the tenant-occupant
vehicular parking spaces, with a minimum of 1
bicycle parking space.
Emergency Shelters 1 space for each 5 beds.
(b) Bicycle parking design. Bicycle parking areas shall be designed and provided in the following manner:
(1) Parking racks. Each bicycle parking space shall include a stationary parking device to adequately support the bicycle.
(2) Parking layout.
(i) Aisles. Access to bicycle parking spaces shall be at least four feet in width. (ii) Storage Space Design.
a) Horizontal Storage. Each horizontal bicycle space shall be designed to maintain a minimum of two feet in width and six feet in length and have a minimum of seven feet of overhead clearance. b) Vertical Storage. Each vertical or wall-mounted bicycle space shall be designed to maintain a minimum of three feet six inches in length per space (this may overlap with tandem-mounted orientations) with a minimum of seven feet of floor to ceiling height. (iii) Bicycle parking location.
a) Long-Term Bicycle Parking. Bicycle spaces shall be located on the ground floor or first level of a parking structure/garage of a building in a secured location (i.e within in-unit bike storage, indoor or outdoor bike lockers, exterior storage rooms) within proximity to the main entrance of the building and shall not interfere with pedestrian access. There shall be a minimum lighting level of one foot-candle for all outdoor bicycle racks.
b) Short-Term/Visitor Bicycle Parking. Visitor bicycle parking spaces shall be located in well-lit and convenient areas on private property within 50 feet of the main entrance to the building. There shall be a minimum lighting level of one foot-candle for all outdoor bicycle racks. c) For existing buildings and changes of use where the Community Development Director or their designee determines existing site constraints prohibit locating short term bicycle parking on-site, the applicant may satisfy the requirement by paying the City an established cost of an appropriately sized bicycle rack for providing the short-term parking within the public right-ofway. d) Security. Long-Term bicycle parking shall be secured as follows:
1) An enclosed locker for individual bicycles; or
2) An enclosed locked bicycle storage area with bicycle racks within; or 3) A rack or stand inside the ground floor of a building that is within view of an attendant or security guard.
(iv) Relationship to Motor Vehicle Parking. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five feet of open area, marked to prohibit motor vehicle parking.
(v) Surfacing. The surface of bicycle parking areas shall be subject to approval of the Planning and Development Services Director.
(c) Signs. Where short-term bicycle parking areas are not clearly visible to approaching cyclists, signs shall be provided to indicate the locations of the facilities.
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(d) Interior Parking Spaces. Square footage dedicated to interior bicycle parking shall not be included in the gross floor area for calculating the parking requirement.
(e) The Community Development Director or their designee may approve a modified bicycle parking plan that allows for changes to required location, layout, and number of spaces if a finding is made that special circumstances preclude full compliance with the bicycle parking requirements. 26-92 Reduction of Parking Requirements and Joint Use Parking [EX. SECTION 26-581] The number of parking spaces specified for a new development and/or use is established in section 26-90. This section establishes alternatives to providing required on-site parking subject to specific requirements. These include in order of importance allowing for shared parking, providing parking off-site, or reductions in the overall required number of parking spaces.
(a) Joint Use/shared parking. To encourage efficient use of parking spaces and consistency with best design practices, the total parking requirements for conjunctive uses shall be based on the number of spaces adequate to meet various needs of the individual uses operating during the peak parking period. (1) The Planning Commission may, upon application by the owner or lessee of any property for a conditional use permit as set forth in Article VI of this chapter, authorize the joint use of parking facilities by the following uses or activities under the conditions specified herein:
(i) Up to fifty (50) percent of the parking facilities required by this article for a use considered to be primarily a daytime use may be provided by a use considered to be primarily a nighttime and/or Sunday use; up to fifty (50) percent of the parking facilities required by this article for a use considered to be primarily a nighttime use may be provided by a use considered to be primarily a daytime use, provided that such reciprocal parking area shall be subject to conditions as set forth in subparagraph (iv) below.
(ii) Up to one hundred (100) percent of the parking facilities required by this article for a church or for an auditorium incidental to a public or parochial school may be supplied by parking facilities of a use considered to be primarily daytime use, provided that such reciprocal parking area shall be subject to conditions set forth in subparagraph (iv) below.
(iii) The following are typical daytime uses: Banks, business and financial offices, manufacturing uses. The following uses are typical nighttime and/or Sunday uses: Auditoriums, incidental to a public or parochial school, churches, dance halls Restaurants, retail and theaters. (iv) Conditions required for joint use:
a) The building or use for which application is being made for authority to utilize the existing offstreet parking facilities provided by another building or use, shall be located within three hundred (300) feet of such parking facilities.
b) The applicant shall show that there is no substantial conflict in the principal operating hours for the buildings or uses for which the joint use of off-street parking facilities is proposed. c) Parties concerned in the joint use of off-street parking facilities shall evidence agreement for such joint use by a proper legal instrument approved by the city attorney as to form and content. Such instrument, when approved as conforming to the provisions of this chapter, shall be recorded in the office of the county recorder and copies thereof filed with the building, planning, and engineering divisions.
(2) Conditional use permit for shared parking. A conditional use permit may be approved for shared parking facilities service multiple uses on a site or serving more than one property. The use permit may allow for a reduction of the total number of spaces required by this article if the following findings are made:
(i) The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided.
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(ii) The efficiency of parking will equal or exceed the level that can be expected if parking for each use were provided separately.
(3) Common facilities: The planning commission may, upon application by the owner or lessee of any property for a conditional use permit as set forth in Article VI of this chapter, authorize common parking facilities.
Common parking facilities shall include size, shape, and relationship to business sites to be served. Only calculated parking required may be reduced by up to the percentages provided below as approved by the planning commission.
(i) When any such common facility is to occupy a site of five thousand (5,000) square feet or more, then the parking requirements as specified herein for each of two (2) or more participating buildings or uses may be reduced not more than fifteen (15) percent. (ii) When any such common facility is to occupy a site of seventy-five thousand (75,000) square feet or more, then the parking requirements as specified herein for each of two (2) or more participating buildings or uses may be reduced not more than twenty (20) percent. (4) Required improvement and maintenance of parking areas and used car sales areas: Every lot or parcel of land used as a public or private parking area and having a capacity of five (5) or more vehicles, or car sales area, shall be developed and maintained in accordance with the requirements as established from time to time by resolution of the planning commission.
(5) Comprehensive planned facilities (parking districts): Areas may be exempted from the parking requirements as otherwise set up in this article, provided:
(i) Such area shall be accurately defined by the Planning Commission in the manner prescribed for conditional uses in Article VI of this chapter.
(ii) No such district may be established and exempted from the provisions of 26-90, unless sixty (60) percent or more of all record lots comprising such proposed district are devoted to uses first permitted in a Commercial or Manufacturing Zone.
(iii) Before such defined district shall be exempt as provided in this section, active proceedings under any applicable legislative authority shall be instituted to assure that the exempted area shall be provided with comprehensive parking facilities which will reasonably serve the entire district. (6) Multiple story parking: Multiple story parking shall be permitted within an above-grade or underground structure, or combination thereof.
(7) Parking or storage of commercial vehicles restricted: It shall be unlawful to park any commercial vehicle on property which is zoned for commercial purposes except in a space which is reserved for that purpose in the parking facility required to be maintained in connection with such commercial use. (8) Shared parking agreement. A written agreement between the landowners, and in some cases the City, that runs with the land shall be filed, in a form satisfactory to the Community Development Director and include:
(i) A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for approval of an amended use permit. (ii) A reciprocal grant of nonexclusive license among the business operator(s) and landowner(s) for access to and use of the shared parking facilities.
(iii) Prior to the issuance of any certificates of occupancy, evidence that the agreement has been recorded at the County Assessor’s Office shall be provided to the Planning Department. (b) Mixed- use parking. All mixed-use projects shall include a parking study prepared by a qualified traffic or parking consultant. The study shall demonstrate how the proposed land uses utilize the parking spaces that are required by section 26-80. Parking studies are subject to review and acceptance by the Community Development Director.
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(1) The parking study shall include a discussion of the following options or a reduction of required parking, including but not limited to:
(i) Shared parking that may be provided in accordance with 26-92(a). (ii) State density bonus that may be provided in accordance with Article 4, Division 3. (iii) Tandem parking that may be counted toward the required parking calculation. (2) The parking study shall include a parking management plan, that the City require the developer, management and/or owner of the developments to implement, which shall contain the following provisions including, but not limited to:
(i) Periodic evaluation of the parking management plan to ensure that it continues to address any parking issues on and of site and that on and off-site conditions are consistent with the analysis of the parking study;
(ii) Monitoring with periodic inspections by the property owner, property owners’ association, or property management to ensure that all parking areas are used exclusively for that purpose. These inspections may occur jointly with the City at the discretion of the City; (iii) Prohibition of non-vehicle related storage in a garage and measured to ensure that such storage only occurs within the dwelling unit associated with the garage unless restricted by the property owner.
Measures to prevent storage in a garage include restrictions in the tenant lease, periodic inspections, and windows on garage to facilitate visual inspection;
(iv) Property owner, property owners’ association, or property management enforcing a limitation on the number of vehicles per dwelling unit;
(v) Day(s) and time(s) of restrictions on the use of guest parking; (vi) Creation of parking permit district off site and permit parking programs on site by the property owner, property owners’ association, or property management; and (vii) Alternative solutions for physically providing parking spaces on site including converting single-stall spaces to tandem spaces, installing parking lifts, methods to prevent parking spaces by nonresidents of the development, and shuttles or valet services catering to users within the development. (c) Off-site parking. Where on-site parking for a new development or use is not feasible or practical, off-premises parking may be provide subject to the standards established in this section. All distances specified shall be between the nearest property line of such parking facilities to the nearest property line of the site of the development/use being served.
(1) Pedestrian access between the site, where the development or uses is proposed, and the off-premise parking area shall have the following features:
(i) A paved sidewalk or walkway connecting the new developments or uses with the shared parking area; (ii) Pedestrian-oriented lighting that illuminates the entire length of the sidewalk or walkways; and (iii) Trees and/or shade structures along the entire length of the sidewalk or walkways. (2) The developer, management, and/or property owner of the developments or use requesting off-site parking shall be responsible for the financing, construction, and maintenance of the above-referenced features.
(3) The project developer and/or property owner of the site shall provide a recorded parking agreement describing the intended users of the off-site parking, and the arrangement with the owner of the off-site parking area in accordance with 26-92(a).
(4) If the off-site parking facility is shared, the community development director may allow a reduction in the following manner:
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(i) The reduction in the number of required parking spaces shall be based on a parking demand study.
The parking demand study shall be in accordance with established professional practices and prepared by a qualified traffic engineer or parking consultant.
(ii) The shared parking agreement shall require a recorded covenant that runs with the land, defining the location of the shared parking area in accordance with section 26-92(a) (5) The required parking may be provided in an off-street parking facility on another property located within six hundred (600) feet of the site proposed for the development or use. (6) Off-site parking facilities for non-residential use shall not be located within a residential zone. (7) Off-site parking facilities for residential use may be located within a non-residential use. 26-93 Parking Facility Design Standards
Prior to the issuance of a building permit for any parking facility, or any project including parking facilities, the review authority shall review and approve each such facility or project so that the proposed parking facility is designed and constructed to conform with the following standards.
(a) Location of parking facilities.
(1) Required off-street parking shall be located on the same parcel as the uses served, except with the approval of a conditional use permit for shared parking pursuant to Section 26-92(a)(2). (b) Access to parking facilities and parking spaces.
(1) Access to parking lots. Parking facilities shall be designed to prevent vehicle access at any point other than at designated driveway entrances.
(2) Internal circulation. Parking facilities shall provide suitable maneuvering so that vehicles enter the street in a forward direction, except for lots with four or fewer residential units. Non-residential parking facilities shall also provide a queueing area between the street and the first point where vehicles may maneuver within the parking facility. A minimum of fifteen (15) feet clearance behind the sidewalk to the first parking space shall be provided at all driveway entrances. If there is no sidewalk, a minimum of twenty-five (25’) feet to the face of the curb shall be provided.
(3) Access to adjacent sites. For non-residential uses, shared vehicle and pedestrian access to adjacent nonresidential properties is required to the maximum extent feasible for convenience, safety and efficient circulation. A joint access agreement guaranteeing the continued availability of shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the Community Development Director.
(c) Parking space and facility dimensions.
(1) Covered spaces in residential uses. Parking spaces within garages and carports shall have a minimum dimension of nine (9’) feet in width by eighteen (18’) feet in length or eight and one-half (8’- 1 2’’) by eighteen
(18’) in length, clear of any obstructions.
(2) Covered or uncovered spaces, when adjacent to walls shall be at least eleven (11) feet wide, twelve (12) feet where the wall extends beyond the space. Three-car garages are exempt from this requirement. (3) All other parking spaces. Minimum parking space dimensions shall be as follows, except as shown in Table 3-4 below and Figure 3-6:
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Table 3-5 Minimum Parking Space and Drive Aisle Dimensions [TABLE IS NEW, CONTENT IS EXISTING] Parking Space Type
Minimum Parking Stall Dimensions
Minimum Width for
Drive Aisle with Parking(c)
Minimum Drive
Aisles Width for
Width(a) Length(b) One-way Two-way Emergency Access(c)
Standard Parallel 9ft 18 ft 12 ft. 21 ft. 20 ft.
Standard 45-degree 12.73 ft. 19.09 ft 13.5 ft. 22 ft. 20 ft.
Standard 60-degree 10.39 ft. 20.09 ft 18.75 ft. 22 ft. 20 ft.
Standard 90-degree 9ft 18 ft 25 ft. 25 ft. 20 ft.
Compact 8 ft. 16 ft 20 ft. 20 ft. 20 ft.
1 Where parking stalls abut each other such that they may create vehicular movement conflicts, the minimum stall width shall be determined by the City.
2 Accessible spaces shall be designed consistent with California Building Code requirements Figure 3-6 Minimum Parking Space and Drive Aisle Dimensions *NEW DIAGRAM* 26-94 Off-Street Loading Requirements *NEW*
The purpose of off-street loading requirements is to provide the number, size, location, and screening requirements for loading areas in various types of developments and uses. The intent of these regulations is to minimize disruptions of traffic flow and vehicular and pedestrian conflicts through adequate sizing and siting of these facilities. (a) Loading areas for goods and materials. The following requirements shall apply to loading areas for goods and materials.
(1) Loading regulations shall apply to all industrial, commercial, office and similar land uses. Buildings or tenant spaces smaller than ten thousand (10,000) square feet in size are exempt from the requirements of this section.
(2) General loading area requirements. The number of required loading areas is based on the use of the building and the building size, subtracted by the area of any residential component, as described in Table 3-4, below.
Where two (2) or more uses are located on the same lot, the number of loading area spaces required is the sum of the spaces required for each use.
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Table 3-6 Required Minimum Loading Spaces
Land Use Loading Spaces Required
Commercial Uses 1 space for the first 10,000 square feet and 1 space for each additional 35,000 square feet.
Industrial Uses 1 space for the first 10,000 square feet and one space for each additional 20,000 square feet.
Office and Similar Uses 1 space for each building 10,000 square feet or more. (3) Loading area standards.
(i) The loading space(s) required by this section may be construed as either a dock (where a trick back up directly into a building or platform and goods may be unloaded from the floor of the truck to the floor of the building or platform without the use of a ramp or lift gate) or a designated loading area such as a paved area (with appropriate striping and/or signage), as appropriate for the use and development, subject to the approval of the review authority.
(ii) Loading spaces for all uses shall be at least ten (10’) feet in width and thirty-five (35’) in length, with fourteen (14’) feet of vertical distance, except for office uses, where loading spaces shall be at least ten (10’) in width and twenty-five (25’) in length.
(iii) Loading areas shall comply with the applicable screening standards provided in Division 4 of this article.
(iv) Loading and maneuvering areas shall be hard surfaced unless a permeable surface is required to reduce surface runoff, as determined by the City.
(v) Parking of passenger vehicles may be allowed in off street loading areas subject to specific time limits to prevent conflicts with off street loading activities. If parking is allowed, the parking time limits shall be clearly posted. These parking spaces shall not count toward meeting parking requirements for the associated use.
(b) Passenger loading areas. Public parking areas for development projects consisting of 25,000 square feet or more or shall designate a passenger loading area or areas for embarking and disembarking from ridesharing vehicles.
Passenger loading areas shall be located at the point(s) of primary pedestrian access from the parking area to the adjacent building, or buildings, and shall be designed in such a manner that vehicles waiting in line to the loading area do not impede vehicular circulation in the parking area. The passenger loading areas shall be designed as a turnout and shall be large enough to accommodate the number of waiting vehicles equivalent to one-half (0.5%) percent of the required parking for the project. This requirement may also be applied to alternative parking design such as the creation of passenger loading spaces. Parking spaces included within a proposed passenger loading areas shall count toward the requirement parking for the project.
DIVISION 7 TRANSPORTATION AND AIR QUALITY CONTROL MEASURES [EX. DIVISION 2 OF ARTICLE XIV]
26-95 Purpose
(a) The purpose of this section is to adopt and implement a land use analysis program to ensure that the City, in addition to examining and mitigating transportation impacts on the local street network, considers the regional transportation impact of new development through the land use approval process. Integrated with CEQA, this program is designed to provide a consistent, countywide methodology, to determine the impact of new development on the CMP roadway system. It is the intent of this program to promote increased coordination between jurisdictions, transit providers, local decision makers and interested parties, and thereby enhancing countywide mobility and improving air quality.
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26-96 Applicability
(a) Applicability of requirements. All development projects required to prepare an environmental impact report (EIR) based on the City’s determination, will be subject to the land use analysis program. In addition to the procedural guidelines already established by CEQA, traffic and transit impacts shall be assessed using the “Transportation Impact Analysis” methods contained in the Los Angeles County Congestion Management Program and/or Planning Commission Resolution No. 1-93-4135. 26-97 Transportation demand management ordinance.
(a) The purpose of this section is to adopt and implement a trip reduction and travel demand management ordinance that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking and park-and-ride lots, improvement in the balance between jobs and housing, and other strategies, including flexible work hours, telecommuting and parking management programs, as necessary to meet congestion and air quality goals.
(b) Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this division shall be exempted from its provisions. The “Transit Impact Review Worksheet”, contained in the Los Angeles County Congestion Management Program Manual, or Planning Commission Resolution No. 1-93-4135, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIR’s and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft environmental impact report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA. Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.
(c) Transportation demand and trip reduction measures.
(1) Applicability of requirements. Prior to approval of any development project, the applicant shall make provisions for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.
(2) Development standards.
(i) Nonresidential development of twenty-five thousand (25,000) square feet or more shall provide the following to the satisfaction of the City:
a) A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:
1) Current maps, routes and schedules for public transit routes serving the site; 2) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; 3) Ridesharing promotional material supplied by commuter-oriented organizations; 4) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;
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5) A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.
(ii) Nonresidential development of fifty thousand (50,000) square feet or more shall comply with subsection (c)(2)(i). above and shall provide all of the following measures to the satisfaction of the City:
a) Not less than ten (10) percent of employee parking area, shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one (1) space for projects of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet will be signed/striped for carpool/vanpool vehicles.
b) Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven (7) feet two (2) inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas.
Compliance with this minimum vertical clearance standard is not intended to relieve the duty or obligation that may be imposed with any requirements or provisions of the Americans with Disabilities Act or Title 24, State of California Energy/Insulation Regulations and Handicapped Persons Standards.
c) Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles per the first fifty thousand (50,000) square feet of nonresidential development and one (1) bicycle per each additional fifty thousand (50,000) square feet of non-residential development.
Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather. These standards are intended to exceed the minimum bicycle parking and loading standards set forth in Article III, Division 6. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the City.
(iii) Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with subsections (c)(2)(i). and (c)(2)(ii). above, and shall provide all of the following measures to the satisfaction of the City:
a) A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.
b) Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development. c) If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops. d) Safe and convenient access from the external system to bicycle parking facilities on-site. (d) Transportation demand and trip reduction measures monitoring. All development projects for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), and for which all applicable demand management and trip reduction City of West Covina
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measures are required per this division, shall comply with the mitigation monitoring program and enforcement of mitigation measures as established within Section 9 of the City’s CEQA Resolution as adopted and amended. (e) Transportation demand and trip reduction measures enforcement. No person shall violate or fail to comply with any or all of the applicable demand management and trip reduction measures, as required per this division and as enforceable as conditions of approval of the conditional use permit, precise plan or other discretionary approval(s) for the project. Should the developer, or responsible or trustee agency, violate or fail to comply with this division, and applicable conditions of approval, all permits including, but not limited to, the certificate of occupancy and/or business license, conditional use permits, precise plans or other discretionary approvals for the project may be revoked by the City. Furthermore, any such violation or failure to comply with any or all of this division may result in the revocation of the certificate of occupancy and/or business license.
Table 3-7 CMP TDM Ordinance Requirements
New Non-residential Development
TDM Requirements 25,000+ Square Feet 50,000+ Square Feet 100,000+ Square Feet Transportation Information Area * * *
Preferential Carpool/Vanpool Parking * *
Parking Designed to Admit Vanpools * *
Bicycle Parking * *
Carpool/Vanpool Loading Zones *
Efficient Pedestrian Access *
Bus Stop Improvements *
Safe Bike Access from Street to Bike Parking *
Transit Review For all residential and nonresidential projects subject to EIR.
DIVISION 8 SIGN REGULATIONS [EX. ARTICLE VII]
26-98 Purpose and Applicability [REPLACES AND SIMPLIFIES EX. SECTIONS 26-301 AND 26-302] (a) This division provides standards for the regulation of the location, size, type, illumination, and number of signs with the goal of enhancing the visual appearance of the City. (b) The requirements and development standards set forth in this division shall apply to all zones in the City. Sign authorized by this division shall only be allowed in that zone unless otherwise expressly provided in this division. 26-99 Sign Permit Required [COMBINED AND CONSOLIDATED EX. SECTIONS 26-323, 26-324, 26-325, 26-326, AND 26-339]
No sign, including temporary signs, shall be installed, constructed or altered unless a sign permit, administrative sign permit, or a sign program approval has first been obtained in compliance with this section, or the sign is allowed without a sign permit approval pursuant to section 26-99, below. A building permit may be required prior to the installation, construction or alteration of a sign. Following the approval of a proposed sign or sign program, each sign installed and maintained shall comply with the requirements of the sign permit and/or sign program.
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(a) Sign permit application. An application for a sign permit shall be prepared, filed, and processed, in compliance with the requirements of Article VI. The application shall include architectural elevations and plans of all proposed signs. The signs on the plans shall be dimensioned, drawn to scale, and include illustrations of copy, colors, and materials. The plans submitted shall also include the location of each proposed sign on any structure(s) at the site.
(b) Sign permit review authority. The Community Development Director or their designee shall review all sign permit applications. A sign permit (SP) shall be considered ministerial and reviewed the same way as a zoning clearance. An administrative sign review (ASR) and/or a sign program shall be considered discretional and shall be processed as specified within subsections (c) through (e) below. The review authority may require conditions of approval as reasonably necessary to achieve the purposes of this division. (c) Sign Programs. A sign program shall be required for commercial office, business park, or complexes that include two (2)three (3) or more enclosed tenant spaces., multiple buildings or in non-residential developments where the individual tenant spaces are not adjacent to the proposed individual tenant signs. Sign programs requiring the coordination of signs on the same site shall be required for sites with two (2) or more enclosed tenant spaces. Developed sites shall comply with this section upon requests for either new signs through sign administrative review or sign exception review or for building design remodel requests through precise plan revision or planning director's modification. This may include, but not be limited to adding building square footage, separation of one (1) tenant unit into two (2), or a change of the exterior architectural color, style, or design. Sign programs for other developments may include shopping centers, industrial complexes, establishments with drive-throughs or business parks where the sign locations are located on any individual tenant spaces are optional at the discretion of the property owner. A sign program may also be proposed to provide identity and directional signage for a neighborhood or district recognized by the City. Sign programs shall be reviewed and approved by the Community Development Director or their designee, or elevated to the appropriate review authority, at the discretion of the Community Development Director or their designee. (1) The purposes of the sign program is to establish signage for all tenants and users of a complex, shopping center of neighborhood or district. An approved sign program shall set forth standards for all signs within the complex, shopping center, building, neighborhood, or district. (2) A sign program shall comply with the provisions set forth in this Division. A sign program may be more restrictive than the criteria in this section and the sign program shall set forth standards regulating the size, number, location and types of signage permitted.
(d) Findings for approval. The approval of an administrative sign review or sign program shall require that the review authority make all of the following findings:
(1) The proposed signs do not exceed the standards set forth in sections Article III, Division 8, and are of the minimum size and height necessary to identify the site from a sufficient distance for the purposes of conveniently and safety accessing the site;
(2) The size, location and design of the proposed signs are compatible and complementary with the scale and architecture of the primary structures and any prominent natural features on the site and for any adjacent properties along the same street; and
(3) The proposed signs are in conformance with any applicable design criteria in the City’s design guidelines. (e) Approval period, expiration, and time extension of sign permits. A sign permit approval shall expire one (1) year from the date of issuance unless the sign has been installed within the period. (1) Prior to the expiration of a sign permit, the applicant may apply and request to the Community Development Director or their designee, an extension of up to one additional year. (2) A sign permit shall become null and void if circumstances occurring prior to the installation of the sign change significantly and such changes would not conform to the requirements of this Division.
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26-100 Exempt Signs [COMBINED AND CONSOLIDATED EX. SECTIONS 26-311, 26-314, AND 26-322] The following signs are allowed in all districts and exempt from the requirements of a sign permit provided the sign is not illuminated and does not create a public nuisance and are not located in a public right-of-way. The area of the signs listed in this section shall not be included in the calculation of the maximum total sign area per parcel as set forth in section 26-102.
(a) One (1) temporary noncommercial sign per parcel not exceeding seven (7) 32 square feet in area, and not posted for longer than thirty (30) days within a one (1) year period. (b) Official traffic signs or other state, federal, county or local government signs, legal notices, advertisements prescribed by law and placed by governmental entities, and signs indicating utility lines or any notice posted by a government agency.
(c) Directional, warning, or information signs required or authorized, or by federal, state, county, or local government agencies including, but not limited to, traffic control signs, highway route identification signs and construction zone signs.
(d) Street address signs conforming to the City-adopted building and/or fire codes or applicable regulations of the City’s Municipal Code.
(e) Signs prohibiting trespassing or providing property security warnings (e.g. alarm, guard dogs, camera) (f) Election season signs and posters subject to the following conditions:
(1) No sign shall be erected earlier than sixty (60) days prior to the start of the closest future election date and each sign shall be removed within ten (10) days after that election. (2) No such sign shall be more than sixteen (16) square feet in area. There shall be no more than four (4) signs per parcel and property owner permission shall be obtained prior to the installation of said signs. (3) Freestanding signs shall be no more than six (6) feet in height. (4) No sign shall be placed within the public right-of-way or on public property. (5) No such sign shall be placed on the roof of any structure. (g) Temporary on-site real estate signs subject to the following conditions:
(1) Real estate signs located within any residential zone shall not exceed six (6) square feet in area, and such signs within commercial, industrial, or mixed-use zoning districts shall not exceed sixteen (16) square feet in area.
(2) Freestanding real estate signs shall not exceed six (6) feet in height. (3) A maximum of one (1) real estate sign shall be displayed per street frontage. (4) All real estate signs shall be removed no later than fifteen (15) days after the closing of the transaction proposed by the sign.
(h) Temporary off-site real estate signs advertising an open house for a home sale or special leasing event. Such signs shall be no larger than two (2) square feet, and shall be removed each evening after the close of the open house or when the leasing center closes.
(i) Any window signs located in non-residential zones, provided that the aggregate sign area does not exceed fifty (50) percent of the area of any single window (or as otherwise required by this Development Code) to maintain reasonable visibility into the business for security purposes. (j) Murals that are non-commercial in nature are allowed on mixed-use and non-residential buildings provided property owner and City approval, subject to the requirements set forth in Chapter 17, Article II (Art in Public Places) have been obtained. The area of the mural shall not count toward any total sign area allowed for the site or building. Any mural displaying an advertisement or commercial message shall be regulated by any applicable standards set forth in Article III, Division 8.
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(k) Temporary and permanent address signs and numbers within commercial, industrial, mixed-use and multifamily zoning districts shall not exceed six (6) square feet in area, unless additional area is required by the Cityadopted building and/or fire codes. (l) Temporary garage, estate or yard sale signs advertising the day sale of items shall be limited to a maximum of (1) sign not exceeding (6) square feet in area. The sign shall not be displayed for a period longer than one (1) day within a (1) year period. The sign shall not be displayed or posted within the public right-of-way. (m) Temporary Construction Signs. One (1) temporary sign per construction site which identifies the developer, designers, and contractors, up to 32 square feet in area. This sign shall be removed once construction activities have ceased.
(n) Tract grand opening or new leasing center signs. One ground-mounted sign per street frontage (maximum of two per site) that provide sale and/or leasing information is permitted up to 12 square feet per sign panel with a maximum character height of 8 inches. The leasing sign structure may have a maximum height of 10 feet.
These signs shall be separated by a minimum of 100 feet, unless if they are separated by a driveway/road. No illumination is permitted for this sign type. Wood, steel, and pre-punched galvanized U-posts are not acceptable.
No balloons, streamers, or other temporary attachments are permitted. 26-101 Prohibited Signs and Locations [EX. SECTION 26-312] (a) The following signs are prohibited except as provided in Article V, Division 3, Nonconforming Signs and 26-104, Temporary Signs:
(1) Any sign erected or maintained without the consent of the owner of the land upon which the sign is situated.
(2) Any sign erected upon over public property, other than the signs installed by state, County or City agencies. (3) Flashing, moving or otherwise animated elements or any revolving signs. (4) Projecting signs that project within the public right-of-way or private street or have a vertical clearance of less than nine (9) feet from the sidewalk.
(5) Abandoned signs which advertise goods and/or services which have not been available for a period of ninety (90) or more days.
(6) Any A-frame sign, or ground sign temporarily supported by poles or braces places upon the ground, or any other sign propped against a vehicle or object in a parking lot or public right-of-way unless permitted under Tables 3-17 and 3-18.
(7) Bench signs located at bus stops, excluding any authorized bus stop signage. (8) Roof signs or any sign proposed above a roof line that is not architecturally integrated within the structure of the roof unless approved as a Creative Sign as part of a Sign Program (see sections 26-99 and 26-103). (9) Any sign containing harmful matter as defined by Chapter 15 of the West Covina Municipal Code. (10) All banner signs, wind signs, balloons, and tube signs of a commercial nature except those permitted as temporary signs, under Tables 3-17 and 3-18, and/or section 26-104. (11) All inflatable signs and sign designated to be flown, including balloons, strings of balloons, kites or atrial signs, that are made of an electrically conductive material. (12) Signs which create sound.
(13) Any sign greater than six (6) square feet on property located within a residential zone, except as otherwise provided by this Development Code.
(14) Painted wall signs.
(15) Off-site commercial signs.
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26-102 Signs Allowed by Zoning District and Use
Each sign shall comply with the sign standards set forth by this section, unless otherwise provided in this division. (a) Multifamily Residential zoning districts. Each sign in a residential zoning district established by Article II of this Development Code shall comply with the following requirements:
Table 3-8 Sign Standards for Multifamily Residential Zoning Districts Sign Class Type of Sign
Maximum
Maximum Sign Area Number
Multifamily residential signs only (Administrative Sign Review required unless otherwise stated) (a) Nameplate (No permit
required)
One (1) per residence unit. Limited to
name and address of the occupant of
the premises.
One (1) s.f. (single-face
only).
(b) Flags, Nonpromotional
(for promotional signs, see
Sec. 26-383(f)).
1. Attached. Three (3) per site. Permitted flags are
those of a government, government
agency, public institution, nonprofit
agency, or similar entity. Torn, faded,
sagging, or detached banners shall be
repaired or replaced.
1. Below eaveline.
2. Detached. 2. 25 feet.
(c) Multiple-Family
Identification at major
entrance
1. Wall sign
attached to main
building.
One (1) per site (1.), or
1. Five (5) s.f. per unit,
up to max. 40 s.f.
(single-face only). Below
eave line
2. Wall sign
attached to a freestanding wall or
fence.
One (1) per frontage (2. or 3.)
3. Detached 2. 40 s.f. (single-face
only). Below eave line.
3. 40 s.f. per face
(double-face permitted
for detached signs). 6
feet max. height
(d) Institutional. Includes nonresidential uses allowed with a conditional use permit, e.g., church, school, child-care facilities, adult-care facilities, public utilities, etc.—see sections TABLE 3-10 Temporary- promotional (No illumination allowed), permit not required unless otherwise stated (a) Advertising Products-RA
zone only.
1. Attached. 2.
Detached. One (1) per site. Twelve (12) s.f. (singleface only). (b) Sale/rental-RA/R1. 1. Attached. 2.
Detached.
One (1) per site. Must be below eave
line if attached. Maximum height 6
feet if detached.
1. Six (6) s.f. (singleface only).
(c) Sale/rental-MultipleFamily Attached. One (1) per site. Must be attached to main building. 15 s.f. (single-face only).
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(d) Rental-Multiple-Family.
1. Attached. 1. one (1) per site. Must be below eave
line.
1. Ten (10) s.f. (singleface only), or
2. Detached. 2. No maximum. 6 feet maximum
height
2. Total of ten (10) s.f.
per face (double-face
only).
(e) Rental, PromotionalMultiple-Family. Special
Events Permit required.
Banners. One (1) per street frontage.
Three (3) feet by 15 feet
long. Must be below
eave and mounted flat
against building. No
neon or fluorescent
colors.
(g) Sale/rental-Mobilehome
Park main entrance. Sign
permit required.
Attached to main
building or block
wall.
One (1) per site. 24 s.f. (single-face only).
(h) Sale-Unimproved
Property. Sign permit
required.
Detached. One (1) per site. 6 feet maximum
height.
15 s.f. per face (doubleface permitted).
(i) Sale-new Projects with 5+
Units. Sign permit required. Detached. One (1) double-face, or up to two (2) single-face signs.
Double-face signs: 60
s.f. per face.
Single-face sign(s): 60
s.f. total.
Table 3-9 Sign Standards for Mobilehome Parks
Sign Class Type of Sign Maximum Number Maximum Sign Area (a) Mobilehome Park
Identification
(Administrative Sign Review
Required)
1. Attached to a
building wall
One (1) per site.
1. or 2. 40 s.f. (singleface only).
2. Attached to a
free-standing block
wall at main
entrance.
3. 40 s.f. per face
(double-face
permitted). 6 feet
maximum height
3. Detached.
(b) Mobilehome Park
Tenant Directory.
(Administrative Sign Review
Required)
1. Attached to
building or wall
One (1) per site (one additional per
200,000 s.f. of lot size). 6 feet
maximum height
1. 24 s.f. (single-face
only)
2. Detached on
planter area
2. 24 s.f. per face
(double-face
permitted).
(b) Office and institutional uses (e.g. religious facilities). Each sign in an office or institutional zone shall comply with the requirements set forth in Table 3-10 below, and to the requirements set forth in section 26-100, and to all applicable standards set forth in this Division.
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Table 3-10 Sign Standards for Office Buildings including institutional use (e.g. religious facilities) Sign Class Maximum Number Maximum Area
Maximum Height/
Location
Wall signs (Administrative Sign Review required unless otherwise stated) (a) Building
Identification (for
buildings with one to
three stories)
One (1) per wall facing
a street or parking lot.
Two (2) percent of building face
(single-face only).
Between top of roof line and
floor level of the top floor, or
other appropriate location as
approved by the planning
director.
(b) Building
Identification (for
buildings with four or
more stories)
One (1) per wall facing
a street or parking lot.
One (1) three (3) s.f. for each lineal
foot of building frontage, with a
five (5) percent increase for each
story above the fourth story (singleface only).
Between top of roof line and
floor level of the top floor, or
other appropriate location as
approved by the planning
director.
(c) Tenant Identification Allowed ONLY for tenants on ground floor with exterior entrances. Size and location subject to TABLE 3-11.
(d) Building Area Bonus
(for buildings with floor
areas of 60,000 s.f. or
more)
One (1) bonus, in
addition to wall sign
allowance normally
allowed, per building.
Size of bonus
(size of building)
100 s.f. (60—99,000 s.f.)
150 s.f. (100—124,000 s.f.)
200 s.f. (125—149,999 s.f.)
250 s.f. (150,000 s.f. or more)
No maximum for total wall signage.
Detached sign (monument only)
(a) Building
Identification and
Tenant Identification
Directory
One (1) per street
frontage (maximum
two per site).
40 s.f. per face (double-face
permitted). Six (6) feet.
(b) Readerboard Signs See TABLE 3-15 for standards, religious facilities and schools with more than 150 students and site size greater than 2 acres may install a pole sign subject to approval of a CUP (c) Commercial, Mixed-Use, and Industrial Zoning District Sign Standards. Each sign in a commercial, mixed-use or industrial zoning district shall comply with the requirements set forth in Tables 3-11 through 3-18 below, and to all applicable standards set forth in this Division.
Table 3-11 Sign Standards for Commercial and other non-office sites (on-site noncommercial signs included) Sign Class Maximum Number Maximum Area Maximum Height/
Location
Wall sign (Sign Permit required unless otherwise stated) and internally illuminated only (a) Ground Floor
Primary Business
Identification
No maximum.
One (1) three (3) s.f. for every one
(1) lineal foot of building frontage
(up to 300 s.f. on primary
frontage, and 150 s.f. for
secondary frontage). Minimum
sign size is 40 s.f. (single-face
only).
Only on frontages that face a
street or public parking area
with an entrance exclusive to
the enclosed tenant space.
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(b) Ground Floor
Accessory Business
Identification
No maximum.
No greater than sign area devoted
to primary business identification
signs (maximum 50 percent of
total sign area on front wall)
(single-face only).
Only on primary frontage of
primary business allowed by
subsection (a) above.
(c) Nameplate (no
illumination), permit not
required
One (1) per enclosed
tenant space. Three (3) s.f. (single-face only). Near main entrance only. (d) Ground Floor
Business Advertising No maximum.
No greater than sign area devoted
to primary business identification
signs (maximum 50 percent of
total sign area on front wall)
(single-face only).
Only on primary frontage of
primary business allowed by
subsection (a) above.
(e) Second Story
Primary Business
Identification (for twostory buildings only)
One (1) per enclosed
tenant space. Permitted
only for buildings
allowed exterior signs
for ground floor
businesses. Must be
individual letters no
higher than 18 inches.
Maximum one-half (0.5) s.f. for
every one (1) lineal foot of
building frontage (up to 60 s.f.)
(single-face only). Minimum sign
size 30 s.f.
Below roofline, but above
ceiling level of first floor.
(f) Building Area Bonus
(for enclosed tenant
spaces with floor areas
of 60,000 s.f. or more).
Requires Administrative
Sign Review
One (1) bonus, in
addition to wall sign
allowance normally
allowed, per enclosed
tenant space. Total wall
sign utilizing this bonus
shall not exceed 550 s.f.
Bonus (enclosed space s.f.)
Wall sign only.
100 s.f. (60,000—99,000 s.f.)
150 s.f. (100—124,000 s.f.)
200 s.f. (125,000—149,999 s.f.)
250 s.f. (150,000 s.f. or more)
Hanging Signs (Sign Permit required unless otherwise stated) and internally illuminated only (a) Nameplate One (1) per business. Five (5) s.f. per face (double face permitted).
Eight (8) feet vertical clearance
from sidewalk level;
perpendicular or near
perpendicular to building
fascia.
(b) Business
Identification and/or
Advertising
No maximum. Same as wall signs.
Eight (8) feet vertical clearance
from sidewalk level; parallel or
near parallel to building fascia.
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Table 3-12 Sign Standards for Commercial and other non-office sites (on-site noncommercial signs included) - Detached signs (for single-tenant buildings not part of a planned center).
Sign Class Maximum Number Maximum Area
Maximum Height/
Location
Administrative Sign Review required
(a) Business
Identification (for sites
with floor areas less than
30,000 s.f.)
One (1) per business. 40 s.f. per face (double-face
permitted) Six (6) feet
(b) Business
Identification (for sites
with floor areas of 30,000
s.f. or more)
One (1) per business
Maximum sign area, per face
(double-face permitted), based on
size of building's floor area:
Maximum sign height based on
size of building's floor area:
55 s.f. (30—39,999 s.f. building) 15 feet (30—39,999 s.f. building)
70 s.f. (40—59,999 s.f. building) 25 feet (40—59,999 s.f. building)
100 s.f. (60—79,999 s.f. building) 40 feet (60,000+ s.f. building) 150 s.f. (80—99,999 s.f. building)
200 s.f. (100—149,999 s.f.
building)
250 s.f. (150—199,999 s.f.
building)
275 s.f. (200—249,999 s.f.
building)
300 s.f. (250,000+ s.f. building)
(c) Freeway adjacent
business identification
One (1) per business
(allowed on properties
that share a common
boundary or include
street frontage on a
public street that is
adjacent to the
freeway right-of-way)
200 s.f. 35 feet
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Table 3-13 Sign Standards for Commercial and other non-office sites (on-site noncommercial signs included) - Detached signs (for multi-tenant buildings or buildings part of a planned center).
Sign Class Maximum Number Maximum Area
Maximum Height/
Location
Administrative Sign Review Required
(a) Tenant
Directory/Center
Identification (for sites
with less than 15,000 s.f.
floor area)
One (1) per site 40 s.f. per face (double-face
permitted) Six (6) feet
(b) Tenant
Directory/Center
Identification (for sites
with 15,000 [s.f.] or
more floor area)
One (1) per site
(additional sign
permitted on each
major arterial if floor
area exceeds 100,000
s.f.)
Maximum sign area per face
(double-face permitted) based on
size of building's floor area:
Maximum sign height based on
size of building's floor area:
55 s.f. (15—19,999 s.f. building) 15 feet (15—19,999 s.f. building)
70 s.f. (20—29,999 s.f. building) 25 feet (20—29,999 s.f. building)
100 s.f. (30—59,999 s.f. building) 40 feet (30,000+ s.f. building) 150 s.f. (60—99,999 s.f. building)
200 s.f. (100—149,999 s.f.
building)
250 s.f. (150-199,999 s.f. building)
275 s.f. (200-249,999 s.f. building)
300 s.f. (250,000+- 499,999 s.f.
building)
450 s.f. (500,000+ s.f. building)
(c) Tenant Directory,
Secondary (for sites with
30,000 [s.f.] or more
floor area)
One (1) for every
30,000 s.f. of floor area
(with a maximum of
three)
50 s.f. per face (double face
permitted) Eight (8) feet
(d) Freeway Adjacent
Business Identification
One (1) per business
(allowed on properties
that share a common
boundary or include
street frontage on a
public street that is
adjacent to the freeway
right-of-way
300 s.f. 40 feet
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Table 3-14 Sign Standards for Commercial and other non-office sites (on-site noncommercial signs included) - Detached signs (General and Special Uses).
Sign Class Maximum Number Maximum Area
Maximum
Height/
Location
General
(a) Parking Directional - Sign
Permit required
One (1) per major parking lot
entrance
Eight (8) s.f. per face (double face
permitted) Four (4) feet
(b) Freeway Site Bonus (for sites
wholly or partially within 300
feet of freeway centerline) - CUP
required
One (1) bonus per site
75 percent bonus per face, in
addition to detached
identification sign, up to total sign
area of 800 750 s.f.
75 percent
bonus in
addition to
what is normally
allowed, up to
60 feet max.
height
Special Uses - Administrative Sign Review required
(a) Service Station
Identification/Price Panel;
Accessory uses may be identified
on the service station ID sign at
the discretion of the planning
director
One (1) per site
100 s.f. single-face or 50 s.f.
double-face maximum for
identification plus maximum six
(6) s.f. single- or double-face per
price type and grade (price type
and grade shall not be repeated
more than once per face), up to
48 s.f. cumulative for price/grade
signs and accessory use
1.25 times the
building height
(35 feet
maximum)
(b) Service Station Price Panel
Two (2) per site, may be
attached to identification sign,
or detached
Twelve (12) s.f. per face (doubleface permitted) Eight (8) feet (c) Auto Dealer Identification -
Sites include any use with
approved precise plan
designating a minimum 4,000 s.f.
"outdoor display" area, and
minimum 25,000 s.f. vehicular
storage or parking area
One (1) per site with minimum
75,000 s.f. area (a second sign
permitted for lots with
freeway, arterial, or collector
frontage over 350 feet)
150 s.f. per face (double-face
permitted), with one-half of the
sign area subtracted from the
front wall sign allowance
35 feet
(d) Auto Dealer Directional Signs Maximum of three (3) per site Maximum cumulative 24 s.f. per face (double-face permitted) Six (6) feet
(e) Drive-through Restaurant
Menu Boards One (1) per drive-through lane 40 s.f. (single-face only) Eight (8) feet (f) Flags
Maximum of three (3) flags per
site. Detached (not within
building setbacks of underlying
zone; shall not encroach or
overhang public right-of-way or
adjacent properties). Torn,
faded, sagging, or detached
banners shall be repaired or
replaced.
Maximum vertical dimension of
eight (8) feet per face.
Maximum horizontal dimension
of twelve (12) feet.
50 feet
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Table 3-15 Sign Standards for Commercial and other non-office sites (on-site noncommercial signs included) - Detached signs (Temporary Special Use). No permit required.
Sign Class Maximum Number and Area Maximum Height/Location (a) Pole-mounted Vertical
Banners (only for uses with
approved outdoor display
and more than 75,000
square feet of lot area).
Two (2) per light pole. 24 s.f. per face. Torn,
faded, sagging, or detached banners shall be
repaired or replaced. Maximum horizontal
dimension of three (3) feet and a maximum
vertical dimension of eight (8) feet.
Maximum 35 feet. Minimum vertical
clearance of 14.5 feet above ground level.
Must be attached to parking lot pole.
Minimum vertical clearance of 14.5 feet
above ground level.
(b) Small Balloons (only for
uses with approved outdoor
display and more than
75,000 square feet of lot
area).
No maximum. Damaged or deflated balloon
displays shall be promptly repaired, replaced
or removed from the premises attached to
merchandise displays or to building exterior.
Individual balloons may not be more than
36 inches in any dimension. Maximum 95
feet above ground level.
(c) Pennants (only for uses
with approved outdoor
display and more than
75,000 square feet of lot
area).
No maximum. Connected to parking lot light
standards. Spaced no closer than 40 feet on
center.
Each pennant shall be no larger than 3
feet by 4 feet per face.
Table 3-16 Readerboards – Administrative Sign Review required unless otherwise stated Sign Class Maximum Number Maximum Area Maximum Height/
Location
(a) Theater and
Auditoriums - Manual or
Electronic
One (1)
readerboard
permitted per site
and incorporated
into a normally
allowed sign.
100 percent bonus in addition to allowance
normally allowed (including non-readerboard
portions of the same sign), up to maximum of
900 s.f. per face.
Same as normally
allowed.
(b) Other Commercial
Uses Located within 300
Feet of Freeway
Centerline - Only
freeway oriented
electronic readerboards
allowed
One (1)
readerboard per
site and
incorporated into a
normally allowed
sign.
The readerboard area shall not exceed be no
more than 75 percent of total allowable sign
area, per face.
Same as normally
allowed.
(c) Institutional Uses -
Manual or Electronic
One (1)
readerboard per
site and
incorporated into a
normally allowed
sign
Readerboard area shall not exceed 50 percent
of total allowable sign area, per face (building
mounted or monument) with approval of an
administrative sign review; or 70 s.f. maximum
display board area per face for a pole sign with
approval of a CUP. (20 s.f. of which shall be
used for physical static sign copy to identify the
name and numerical address of the institution).
Same as normally
allowed.for
monument. 15 feet
maximum for a
pole sign with
approval of a CUP.
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Table 3-17 Sign Standards for Events on Commercial Sites Requiring a Temporary Use Permit Sign Class Maximum Number
Maximum Sign Maximum
Area Sign Height
(a) Banners.
One (1) per street frontage. Banners
shall be maintained in good condition.
Torn, faded, sagging, or detached
banners shall be repaired or replaced.
Banners shall be mounted flat against
building exterior wall or other
locations (free-standing wall,
detached, roof).
One (1) s.f. of sign area per
one (1) foot of building
frontage up to 60 s.f. on
exterior building wall
maximum (single-face
only), or 50 s.f. per face on
other locations (doubleface permitted)
Below eaveline.
(b) Banners for uses with a
seventy-five (75,000) square
foot or larger site with an
approved precise plan
designating a min. of four
thousand (4,000) square feet
of area for "outdoor display".
One (1) per street frontage. Torn,
faded, sagging, or detached banners
shall be repaired or replaced. Banners
shall be mounted flat against building
exterior wall or other locations (freestanding wall, detached, roof). Banner colors shall be coordinated with
building colors and/or corporate
colors.
300 square feet 30 feet
(c) Pole-mounted Vertical
Banners.
Two (2) per light pole. Maximum
horizontal dimension of three (3) feet
and a maximum vertical dimension of
eight (8) feet. Must be attached to
parking lot pole. Torn, faded, sagging,
or detached banners shall be repaired
or replaced.
24 s.f. per face (double-face
permitted).
Minimum vertical
clearance of 14.5
feet above ground
level.
(d) Inflatable (Large)
Balloons.
One (1) per business. Must be
spherical or custom shape. May not be
helium-filled or lighter than air. Roofmounted or ground-mounted.
Damaged or deflated balloon displays
shall be promptly repaired, replaced
or removed from the premises.
Width of subject building
(up to a maximum of 40
feet).
30 feet (measured
from roof level for
roof-mounts.
Ground level for
ground-mounts)
above roof level.
(e) Small Balloons.
No maximum. Damaged or deflated
balloon displays shall be promptly
repaired, replaced or removed from
the premises.
Individual balloons may not
be more than 36 inches in
any dimension.
Maximum 35 feet
above ground
level.
(f) Window Bonus (buildings
with frontages less than 20
feet).
No maximum. Inside glass panel. 50 percent of window up to 100 s.f. maximum.
(g) Window Bonus (buildings
with frontages between 21
to 30 feet).
No maximum. Inside glass panel. 45 percent of window up to 125 s.f.
(h) Window Bonus (buildings
with frontages over 30 feet). No maximum. Inside glass panel. 40 percent up to 150 square feet maximum.
(i) Vehicle Signs (only for
uses with approved outdoor
display and more than
75,000 square feet of lot
area).
One (1) per vehicle. Individually strung
balloons (less than 36 inches in
diameter) may be tied to vehicles.
Six (6) s.f. per vehicle
(single-face only).
Mounted directly
on vehicle.
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(j) Pennants, Streamers,
Searchlights, and Other
Attention Attracting Devices
Not Listed.
May be permitted at the discretion of the planning director when in conjunction with a TUP.
Table 3-18 Sign Standards for Events on Commercial Sites Requiring a Special Event Permit Sign Class Maximum Number Maximum Sign Area Maximum Sign Height
(a) Banners.
One (1) per business. Banners shall be
maintained in good condition. Torn,
faded, sagging, or detached banners
shall be repaired or replaced. Banner
colors shall be coordinated with
building colors and/or corporate
colors. Banners shall be mounted flat
against building exterior wall.
One (1) s.f. of sign area per
one (1) foot of building
frontage up to 60 s.f.
(single-face only).
Below eaveline.
(b) Small Balloons.
No maximum. Damage or deflated
balloon displays shall be promptly
repaired, replaced or removed from
the premises attached to merchandise
displays or to building exterior.
Individual balloons may not
be more than 36 inches in
any dimension.
Maximum 35
feet above
ground level.
(c) Window Bonus (buildings
with frontages less than 20
feet).
No maximum. Inside glass panel. 50 percent of window up to 100 s.f. max.
(d) Window Bonus (buildings
with frontages between 21 to
30 feet).
No maximum. Inside glass panel. 45 percent of window up to 125 s.f.
(e) Window Bonus (buildings
with frontages over 30 feet). No maximum. Inside glass panel. 40 percent, up to 150 s.f. maximum.
(f) Pennants, Streamers,
Searchlights, and Other
Attention Attracting Devices
Not Listed.
May be permitted at planning director's discretion when in conjunction with a SEP. 26-103 Sign Development Standards and Regulations *NEW* (a) The standards set forth in this section shall be utilized for advertising displays and signs and shall not apply to the design of temporary signs.
(1) Sign height measurement. The height of a proposed sign shall be measured from the upper most portion of the sign used in determining the area of the sign to the base of the sign of the sign to the nearest base of the adjacent on-site building, or the nearest curb of the public street, whichever is closest to the location of the sign.
(2) Measurement of sign area. any supporting structures including sign bases and columns shall not be included in the calculation of sign area. Sign area shall include the entire area within a single continuous perimeter composed of up to four (4) triangles, squares, or rectangles that enclose the extreme limits of all sign elements, including borders, written copy, logos, symbols, illustrations and color. (3) Sign illumination. The following standards shall apply to all illuminated signs:
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(i) Signs may be internally or externally lit, however any illumination shall spill onto adjacent properties, nor create a public nuisance or public safety hazards. Any exterior lighting sources shall be shielded from view and directed to illuminate only the sign face. (ii) The line of sight from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will negatively impact residential properties in a direct line of sight to the sign. (iii) Any lights illuminating signs shall not flash, blink, flitter, nor include intermittent or chasing lights, or any illumination that is in motion or appears to be in motion. (iv) Colored lights shall not be used in a manner that may be confused or construed as traffic control devices.
(4) Sign Maintenance. Signs and any supporting hardware shall be maintained in a safe condition, painted, and adequately protected from weathering with all braces, bolts, and structural parts, supporting frames, and fastenings reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.
(5) Design and Style. Any proposed sign shall be designed to be compatible with and relate to the architectural style of the main structure(s) of the site where the sign will be located. Signs located on commercial sites near residential areas shall be unobtrusive and compatible with adjacent residential areas. Any new can or cabinet signs are prohibited, with the exception of nationally recognized logos. New wall signs shall be individual channel letters with a minimum depth of two (2) inches. (b) To allow for innovative, imaginative, and a variety of signage that would positively contribute to the aesthetics of the City, a Creative Sign may be proposed as part of a Sign Program. Murals that advertise the business is an example of creative signage.
(1) Applicability. An applicant may propose a Creative Sign in order to request approval of development standards that differ from the provisions of this chapter (except as indicated herein),but comply with the purpose and findings of this section. However, a Creative Sign may not be any of the prohibited sign types identified in Section 26-101.
(2) Application. All Creative Signs shall be processed pursuant to a Sign Program. (3) Approval Authority. The Planning Commission shall review all creative signs. (4) Standards.
(i) Creative Signs are only permitted within non-residential and mixed-use zones. (ii) Creative Signs shall not encroach into the public right-of-way unless an Encroachment Permit is approved by the City Engineer or their designee.
(iii) Creative Signs shall comply with the height limit of the zone. (iv) A business cannot have both a creative sign and a standard wall sign. If a business opts to have a creative sign, the business shall not have a standard wall sign. (v) An electronic readerboard and/or any type of digital signage shall not be considered a creative sign. (5) Findings. The Planning Commission shall not approve a Creative Sign unless the proposed sign meets the following design criteria:
(i) Design quality. The sign shall:
a) Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;
b) Be of unique design, and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and
c) Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.
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(ii) Contextual criteria. The sign shall contain at least one (1) of the following elements:
a) Classic historic design style
b) Creative image reflecting current or historic character of the City; or c) Inventive representation of the logo, name, or use of the structure or business. (iii) Architectural criteria. The sign shall:
a) Utilize or enhance the architectural elements of the building; and b) Be placed in a logical location in relation to the overall composition of the building’s facade and not cover any key architectural features and details of the facade. (iv) Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses. 26-104 Temporary Banner Signs [*NEW* was previously year-round banner] All temporary building mounted banner signs shall comply with the standards provided in this section. A temporary sign permit shall be obtained from the Community Development Department prior to the display of a temporary sign, unless specified in herein. The purpose of this section is to provide standards to prevent temporary signs from creating a distraction for the traveling public by limiting the proliferation of temporary signs and eliminating aesthetic blight that is detrimental to public health, safety and general welfare. (a) Standards for temporary banners. Temporary banners are allowed in non-residential zones subject to the following standards:
(1) A business may be granted a temporary banner permit to display an on-site temporary banner for a maximum of ninety (90) days within one (1) calendar year. This can be accrued in multiple or consecutive days up to ninety (90) days.
(2) Number of temporary banner signs allowed. The maximum number of temporary banner signs that may be displayed at the same time is subject to the applicable requirements of this section. (3) Sign area calculation. The number and area of temporary banner signs shall not be included in the calculation of aggregate permanent sign area allowed.
(4) Materials and maintenance. Temporary banners shall be made of durable, weather-resistant materials. (5) Removal of temporary banners. All components shall be removed at the expiration of the temporary banner permit.
(b) Temporary banner sign standards.
(1) Sign Area.
(i) Total temporary banner signs for a single business on a single parcel shall not exceed a total aggregate area of more than one square foot per linear foot of building frontage on a public street and shall not exceed a total aggregate area of thirty-two (32) square feet. (ii) Individual tenants or buildings with less than twenty-four (24) lineal feet of building frontage may be allowed 24 square feet.
(iii) Individual tenants within a shopping center may be allowed a total aggregate area of one (1) square foot per lineal foot of store frontage at the main entrance and shall not exceed twenty-four (24) square feet of total sign area.
(iv) Only one (1) temporary sign shall be allowed for each individual business. (v) In no case shall a temporary sign obstruct an adjacent or permanent sign. (vi) Temporary banner signs shall be placed only upon the site in which they are intended to advertise and shall only be mounted on the building. Off-site temporary banner signs shall not be allowed.
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26-105 Appeals and Violations *NEW*
(a) After denial of an application for an administrative sign permit or a sign program, the applicant may appeal that action in compliance with Article VI.
(b) Public nuisance declared by community development director. Any sign erected or maintained contrary to the provisions of this division may be declared to be a public nuisance by the community development director and proceedings for its removal may take place in compliance with the Development Code. (c) Public nuisance decaled by the City Council. The director may ask the council to declare a sign a public nuisance under the following conditions:
(1) The sign is significantly damaged either in support structure or sign face, as determined by the building official;
(2) The sign is illegible either through fading, rusting, or erosion of the sign face or through faulty or missing illumination; or
(3) The sign is unsafe for vehicles or pedestrians.
26-106 Severability
The provisions of this division are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this chapter, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this division, or the validity of its application to other persons or circumstances.
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ARTICLE IV. STANDARDS FOR SPECIFIC LAND USES
DIVISION 1 STANDARDS FOR SPECIFIC LAND USES [ EX. ARTICLE XII] 26-107 Purpose and Applicability
The purpose of this Article is to set forth the procedure, criteria, and standards applicable to unique or unusual land uses which require special regulation. These regulations are established to insure the compatibility of such uses with the surrounding land uses. Please refer to Article III, Division 6 for parking requirements and regulations. 26-108 Adult-Oriented Business [EX. DIVISION 20 OF ARTICLE XII] The purpose of this subsection is to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods that can be brought about by the concentration of adultoriented businesses near each other or proximity to other incompatible uses such as schools for minors, places of worship, and residentially zoned districts.
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 herein can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this Division to establish reasonable and uniform regulations to prevent the concentration of adult-oriented businesses or their proximity to incompatible uses, while permitting the location of such businesses in appropriate areas.
By the adoption of this section, the City Council does not intend to condone or legitimize the distribution of obscene material, and the City Council recognizes that state law prohibits the distribution of certain materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities within the City.
(a) Application. Any person, association, partnership, group, or corporation wishing to operate, any adult-oriented business shall submit an application for an Administrative Permit, to the Community Development Director or their designee. Possession of other State or City licenses does not exempt the applicant from this permit. The Community Development Director or their designee shall grant or deny a permit application in accordance with the provisions of grounds for denial pursuant to subsection (m) below. An Administrative Permit application for an adult-oriented business or adult-oriented business performer shall be signed by the applicant and shall contain or include the following information:
(1) A nonrefundable permit processing fee, as set by City Council resolution. (2) If the applicant is an individual, the individual shall state their legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age. (3) If the applicant is a partnership, the partners shall state the partnership’s complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement.
(4) If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address and contact information of the registered office for service of process. (5) If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business entity shall sign the application.
(6) If the adult-oriented business applicant intends to operate the adult-oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult-oriented business and show proof of registration of the fictitious name.
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(7) A description of the type of adult-oriented business for which the permit is requested and the proposed address where the adult-oriented business will operate, plus the names and addresses of the owners or lessors of the proposed premises.
(8) The address to which notice of action on the application is to be mailed; the address shall not be a post office box.
(9) An applicant must state under penalty of perjury that he or she (as well as any of the officers, directors, or partners in the business) does not have a conviction for a specified criminal activity, or the equivalent in another state for which:
(i) If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.
(ii) If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date. (iii) If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.
(10) The names of all employees, independent contractors, and other persons who will work at the adultoriented business, including performers. (11) A sketch or diagram showing the interior configuration of the premises or the adult-oriented business, including a statement of the total floor area occupied by the adult-oriented business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. (12) A certificate and map prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the adult-oriented business and the property line of any other adultoriented business within seven hundred and fifty (750) feet of the primary entrance of the adult-oriented business for which a permit is requested; and the property lines of any church, school, park, residential zone or use within five hundred (500) feet of the primary entrance of the adult-oriented business. (13) A diagram of the off-street parking areas and premises entries of the proposed business showing the location of the lighting system.
(14) A security plan that satisfies the requirements of subsection (f) below. (15) Any individual who has been issued an Administrative Permit shall promptly supplement the information provided as part of the application for the permit required by this section, including, but not limited to, each and every location within the City where the individual is performing, within fifteen (15) calendar days of any change in the information originally submitted.
(b) Any individual wishing to perform as an adult oriented business performer shall submit an application to the community development director. Possession of other state or City licenses does not exempt the applicant from this permit. The Community Development Director or their designee shall grant, conditionally grant, or deny a permit application in accordance with the provisions of section 26-108(e) (Permit processing; grounds for denial). An application for a performer permit shall be signed by the applicant and shall contain or include the following information:
(1) A nonrefundable permit processing fee, as set by City Council resolution. (2) The applicant’s legal name and any other names (including “stage names” and aliases) used by the applicant; age, date, and place of birth; height, weight, and hair and eye color; and present residence address and telephone number.
(3) A copy of the applicant’s driver’s license, or other current government-issued identification.
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(4) The address to which notice of action on the application is to be mailed. (5) An applicant must state under penalty of perjury that he or she does not have a conviction for a specified criminal activity, or the equivalent in another state for which:
(i) If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.
(ii) If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date. (iii) If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.
(6) The applicant must declare under penalty of perjury whether he or she has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If the applicant has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, the applicant shall provide the place of such registration, licensing or legal authorization, and the inclusive dates during which he or she was so licensed, registered, or authorized to engage in prostitution. (7) The applicant’s fingerprints on a form provided by the police department, and a passport-size color photograph clearly showing the applicant’s face. Any fees for the photographs and fingerprints shall be paid by the applicant.
(8) If the application is made for the purpose of renewing a performer permit, the applicant shall attach a copy of the permit to be renewed.
(9) Any individual who has been issued a performer permit shall promptly supplement the information provided as part of the application for the permit required by this section, including, but not limited to, each and every location within the City where the individual is performing, within fifteen (15) calendar days of any change in the information originally submitted.
(10) All persons who have been issued a business permit shall supplement the information provided as part of the application for the permit required by this section, including, but not limited to, the names of all performers required to obtain a performer permit, within fifteen (15) calendar days of any change in the information originally submitted.
(c) For both a business permit application, the Community Development Director or their designee shall determine whether the application is complete within thirty (30) days of receipt. The application shall be determined to be complete upon receipt of all required documentation and fees. The Community Development Director or their designee shall thereafter approve or deny the permit within thirty (30) days of determining that the application is complete in accordance with the provisions of this section. (d) Business Permit Grounds for denial. The Community Development Director or their designee shall deny a business permit application for adult entertainment on the following grounds:
(1) The building, structure, equipment or location used by the business for which an adult-oriented business permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the City and the state, or with the locational or development and performance standards and requirements of this Article.
(2) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented business permit, or within any subsequently updated information, renewal or report required by this Division.
(3) An applicant is under eighteen (18) years of age.
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(4) The adult-oriented business does not comply with the locational standards. (5) The applicant has, within the previous twelve (12) months, had a permit for an adult-oriented business denied or revoked or is applying for a new permit within the period in which the existing permit has been suspended.
(6) The applicant (or any officers, directors, or partners in the business) has been convicted of any specified criminal activity for which:
(i) If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.
(ii) If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date. (iii) If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.
(iv) If for an adult performer business permit- The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult-oriented performer permit, or within any subsequently updated information, renewal or report required by this Division. (e) Grounds for denial. The Community Development Director or their designee shall deny an administrative permit for an adult performer application on the following grounds:
(1) The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for an adult oriented performer permit, or within any subsequently updated information, renewal or report required by this division.
(2) The applicant is under eighteen (18) years of age.
(3) The applicant has, within the previous twelve (12) months, had a performer permit denied or revoked or is applying for a new permit within the period in which the existing permit has been suspended. (4) The applicant has, within the previous twelve (12) months, had a prostitution permit denied, suspended, or revoked.
(5) The applicant has been convicted of any specified criminal activity for which:
(i) If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.
(ii) If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date. (iii) If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.
(iv) In the event a business or performer permit is denied, the applicant shall not reapply for a period of twelve (12) months from the date the denial becomes final.
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(f) Location. The adult-oriented business is to be located in the Service-Commercial (S-C) zone, MediumCommercial (C-2) zone, heavy-commercial (C-3) zone, regional-commercial (RC) zone, manufacturing (M-1) zone, or the urban center and general urban zones in the Downtown Plan. (1) Adult-oriented businesses may not be located within the proximity of the following (measured in a straight line from the property line to zone boundary):
(i) Within five hundred (500) feet of any residential zone or any lot upon which a residential use is legally occurring at the time this Article is adopted and continues to occur at the time the application is reviewed;
(ii) Within five hundred (500) feet of any lot upon which there is located a church or other religious facility or institution, public park, or educational institution which is utilized by minors; (iii) Within seven hundred and fifty (750) feet of another adult-oriented business, provided that this separation requirement also applies from adult-oriented businesses that are in adjacent cities; and (iv) Within one hundred (100) feet of the civic center property line. (2) The adult-oriented business shall not be located in an area where the traffic from the adult oriented business shall increase the volume capacity ratio below level of service E; or, will worsen the existing condition at level of service F; or increase the volume capacity ratio by 0.02, all as determined by the city engineer.
(g) Moving signs, as defined in Article I, as well as signs with changeable copy and temporary signs are not permitted for adult businesses. Exterior signs shall not depict recognizable specified anatomical areas or adult entertainment activities. Advertisements, displays of merchandise, signs or any other exhibit depicting specified anatomical areas or adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises. (h) Exterior painting. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message and cannot be established or maintained such that the exterior appearance of the structure is substantially inconsistent with the external appearance of structures on abutting properties. (i) Development standards. Except as set out herein or otherwise restricted by law, the adult oriented business shall comply with the development standards, including signage standards, for the zone in which the business is located.
(j) Display of adult oriented material or merchandise. The adult-oriented business shall not display any adult oriented material or merchandise in such a manner so as to be visible from any location other than within the adult-oriented business.
(k) Exclusion of minors. The adult oriented business shall not be accessible to any person under the age of eighteen (18), and such exclusion shall be clearly posted at all entrances. (l) Areas open to public view. No area within the adult oriented business shall be visible from its exterior. (m) Nude adult-oriented performances are prohibited. Adult oriented performers shall wear no less than pasties to cover the nipple areas of female breasts, and a g-string that covers the genital area. (n) Interior orientation. The interior of the adult oriented business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises (excluding restrooms), including, but not limited to, the interior of all individual viewing areas, from a manager’s station which is no larger than thirty-two (32) square feet of floor area with no single dimension being greater than eight (8) feet in a public portion of the establishment. No public area (excluding restrooms), including, but not limited to, the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager’s station. A manager shall be stationed in the City of West Covina
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manager’s station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one (1) person at a time.
(o) Business hours. No adult oriented business shall operate from the hours of 2:00 a.m. to 7:00 a.m. (p) Parking lot lighting. The parking lot lighting system shall be designed to produce a minimum light level of three (3) foot-candles on the entire parking facility’s horizontal surface. (q) Interior Lighting. All areas of the adult-oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained, and evenly distributed at ground level:
(1) Arcade: Ten (10) foot-candles in public areas;
(2) Bookstores: Twenty (20) foot-candles;
(3) Cabaret: Five (5) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot-candles;
(4) Individual viewing booths: 1.25 foot-candles;
(5) Motion picture theater: Ten (10) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot-candles;
(6) Theater: Five (5) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot candles;
(7) Other establishments not listed above: Twenty (20) foot-candles ground level (excluding those areas shielded by tables and similar obstructions).
(r) Operation of individual viewing areas. Each machine used to show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, shall be located in an individual viewing area. Any individual viewing area of the adult oriented business shall be separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier and shall be operated and maintained with no holes, openings, or other means of direct visual or physical access between the interior space of two (2) or more individual viewing areas. No individual viewing area may be occupied by more than one (1) person at any one (1) time.
(s) Separation zones. Whenever live entertainment is provided, patrons shall be physically separated from performers by a buffer zone of at least six (6) feet and no physical contact between performers and patrons shall be permitted. This provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier. (t) Use of single building for multiple uses. No building, premises, structure, or other facility shall be permitted to contain more than one (1) type of adult oriented business as such types of adult oriented business are defined in Article I. For the purposes of this section, the phrase “adult oriented business” shall not be considered a single type of adult oriented business.
(u) Payment of gratuity. No patron shall directly or indirectly pay or give any gratuity to any performer and no performer shall solicit or accept any gratuity from any patron. (v) Separate restrooms. The adult-oriented business shall provide separate restroom facilities for male and female patrons and employees. The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the adult oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.
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(w) Parking. The adult oriented business complies with the City’s parking standards for the underlying use. Where no city parking standards exist for a particular underlying use, the applicant shall provide one (1) space per occupant as based upon the maximum occupancy as determined by the building official. (x) Security plan. A detailed security plan is submitted to the Community Development Director that describes measures that will be implemented to provide adequate security both within the interior and exterior of the premises of the business, specifically including, but not limited to, measures to comply with the requirements of for areas open to public view and parking.
(y) Security guards. For an adult oriented business that provides live entertainment, at least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open and providing live entertainment. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises for each additional fifty (50) patrons permitted.
The security guard(s) shall be charged with preventing violations of and enforcing compliance by patrons with the requirements of this division, and notifying the appropriate authorities of any violations of law observed.
Any security guard required by this subparagraph shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker or admittance person while on duty as a security guard. (z) The business location, structure, and equipment complies with all applicable health, fire, building, or other state, federal, or local laws and regulations.
(aa) The owner or manager of an adult oriented business will not permit any employee on the premises to engage in a live showing of specified anatomical areas. The owner or manager of an adult oriented business shall be responsible to ensure compliance with this division by employees, performers and patrons. 26-109 Alcohol Beverage Sales Establishments [EX. DIVISION 15 OF ARTICLE XII] The purpose of this section is to provide conditions for the establishment of commercial uses that serve and/or sell alcohol (retail on-sale and off-sale licenses) and to do so in accordance with certain requirements designed to ensure compatibility of such services with surrounding commercial and residential development, to not create any undue concentration of such licenses, and to not create any adverse effect on the health and welfare of the community. (a) The required permit as specified in Article II Division 2 in specified commercial and manufacturing zones for any business that sells alcohol for off-site consumption, except for service stations that sell alcohol, which requires a conditional use permit pursuant to section 26-109(b). (1) Violation of the provisions of this section or other applicable sections of this code may result in the revocation of the permit in accordance with the revocation standards, provisions and procedures of Article VI Division 12.
(b) Service Stations Selling Beer and Wine for Off-Premises Consumption (1) Conditional Use Permit Required. Any service station located in specified commercial and manufacturing zones may sell beer and wine for off-site consumption with a conditional use permit. The sales of distilled spirits shall not be allowed.
(2) The site shall comply with all current development standards for service stations as set forth in the West Covina Municipal Code, including, but not limited to, the minimum number of parking spaces prior to the approval of a conditional use permit to allow off-sale of alcohol. (3) Unless otherwise noted, the following requirements shall apply to all gasoline service stations selling beer and wine:
(i) A maximum of ten (10) percent of the retail floor area shall be allowed for the display and sale of alcohol. Merchandise stacking shall not be included in the retail floor area calculation when determining the maximum area for display and alcohol sales.
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(ii) The sale of beer in quantities fewer than three containers is prohibited and no alcoholic beverage shall be sold in unit quantities less than the distributor’s intended resale units. (iii) No beer and wine shall be displayed within five feet of the cash register or front door. (iv) The advertisement of beer and wine shall not be permitted at motor fuel islands. (v) Identification card reader is required to determine the authenticity of the identification that displays the age of the individual.
(vi) No beer and wine shall be sold from or displayed in an ice tub. (vii) No coin or other fee-based operated video games or video entertainment machines shall be permitted on the premises.
(viii)Signage shall be posted in the parking lot and on the exterior of the building notifying persons that alcohol shall not be consumed on the premises.
(ix) Signs shall be prominently posted, stating that California State Law prohibits the sale of beer and wine to persons under the age of 21 years.
(x) A CCTV surveillance system shall be installed that views and records all areas within the interior of the store sales floor and the exterior of the gasoline station, including all points of ingress/egress from the street.
(xi) A Flock Safety camera with license plate recognition that is integrated with the Police Department’s system shall be installed at every vehicle entry/exit points for the site. (c) On-site instructional tasting events at for off-sale premises may be established as follows:
(1) A Conditional Use Permit is required for businesses which offer instructional tasting events. (2) Conditional Use Permits for instructional tasting may only be granted to businesses with an active off-sale or on-sale alcohol license from the department of alcoholic beverage control (ABC). (d) Alcohol service (on-sale licenses) may be established in conjunction with the following uses, only in the zones specified in Article II, with the approval of a Conditional Use Permit:
(1) Clubs, lodge halls, and similar facilities as defined in section 23428.9 of the California Business and Professions Code;
(2) Accessory use billiard parlor with a kitchen and dining area as specified in this Article; or (3) A major motel or a major hotel as defined in this Division; (e) Alcohol service (on-sale licenses) may be established in conjunction with the following uses, only in the zones specified in Article II, with the approval of an Administrative Permit:
(1) Bona fide eating place as defined in section 23038 of the California Business and Professions Code (f) Alcohol Beverage Manufacturing (ABM) uses, and Accessory Tasting rooms may be established subject to and Administrative Permit and the following:
(1) The ABM shall comply with all federal, state, and local laws and regulations, including a valid license from the California Department of Alcoholic Beverage Control (ABC) for the specific type of alcoholic beverage manufacturing occurring on site.
(2) The ABM use located in a commercial zone shall not exceed six thousand (6,000) square feet of gross floor area (GFA), unless otherwise permitted by the Administrative Permit. (3) The ABM in a commercial zone may not exceed production of fifteen thousand (15,000) barrels per year. (4) The ABM located in a commercial zone must include an accessory tasting room.
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(5) The ABM may not be located within five hundred (500) feet of the nearest property line of any elementary, secondary, or high school, as measured from the nearest property line of the site on which the alcohol manufacturing use is located.
(6) All production activities shall be located completely within the ABM facility. All on-site storage shall be located within the ABM facility.
(7) The display of alcoholic beverages shall not be located outside of an ABM and accessory tasting room facility.
(8) Accessory uses such as cooking facilities, and the sales of alcohol for off-site consumption may be allowed as a part of the administrative permit provided that the proposed accessory use complies with the applicable development standards of this title, is permitted in the underlying zone and that the accessory uses are incidental and do not substantially alter the character of the principal use. (9) The ABM and accessory tasting room use shall not be open to the public, except for the following hours:
(i) Manufacturing and Production: 7:00 a.m. - 7:00 p.m. Monday - Saturday. (ii) Accessory Tasting Room (Industrial Zone): 12:00 p.m. - 9:00 p.m. Sunday - Thursday, and 11:00 a.m. - 10:00 p.m. Friday - Saturday.
(iii) Accessory Tasting Room (Commercial Zone): 12:00 p.m. - 9:00 p.m. Sunday - Thursday, and 11:00 a.m. - 12:00 p.m. Friday-Saturday. Additional hours may be permitted through an Administrative Permit. (10) Service trucks used for the purposes of loading and unloading materials, ingredients, products, and equipment shall be restricted to the hours of 8:00 a.m. - 6:00 p.m. Monday - Friday and 11:00 a.m. - 6:00 p.m. on Saturday; the use of service trucks for the purposes of loading and unloading materials, ingredients, equipment, and finished product shall be prohibited on Sunday. (11) To the greatest extent feasible, access and loading bays are discouraged from facing toward a street. (12) The purchase, consumption, tasting and sales of alcoholic beverages shall be limited to only those products produced on site.
(13) Ancillary retail sales shall be limited to only those retail items directly associated with the on-site ABM facility and accessory tasting room.
(14) The ABM use or accessory tasting room shall not charge an admission fee, cover charge, or require a minimum purchase.
(15) A sewage plan and all on-site infrastructure shall be approved by the appropriate City departments. (16) The ABM and accessory tasting room use shall comply with Chapter 15 Article IV- Noise Regulations. (17) A security plan, including a video surveillance system and exterior lighting plan, satisfactory to the Chief of Police shall be submitted to and approved by the Police Department prior to the issuing of a Certificate of Occupancy. The video surveillance system shall be installed to assist with monitoring the property on both the interior and exterior. A Digital Video Recorder (DVR), capable of exporting images in TIFF, BMP, or JPG format shall be used. Recording shall be retained for no less than thirty (30) days. Exterior lighting shall clearly illuminate the common areas surrounding the building including, but not limited to, the entrance and exit doors, as well as the business address.
(18) No more than ten percent (10%) of the square footage of the windows and transparent doors of the premises shall be allowed to bear advertising, signs, or any other obstructions. All advertising, signage or other obstructions shall be placed and maintained to ensure a clear and unobstructed view of the establishment’s interior. Window signs displaying prices shall be prohibited. No advertising or signage shall be placed in the area above three (3) feet or below six (6) feet in height of all windows measured from grade.
(19) Tours of the ABM and accessory tasting room use shall occur on regularly scheduled days and times. The operator shall ensure that tours do not negatively impact adjacent businesses or property owners.
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(20) ABM and accessory tasting room uses located adjacent to or across from residential areas shall be restricted from utilizing natural ventilation practices that may negatively impact neighboring residences and may be required to install mechanical air filtration systems.
(g) Breweries, wine blending, and distilleries
(1) In addition to the standards for the underlying zone, the following requirements shall apply to breweries, wine blending business, distilleries and accessory tasting rooms:
(i) A brewery, wine blending or distillery use may not exceed production of 15,000 barrels per year for breweries or 150,000 gallons for wine blending/distillery uses. (ii) All production activities and on-site storage shall be located completely within the facility.
Off-site storage is permitted, provided it meets all applicable provisions of the underlying zone. The display of alcoholic beverages shall be located within the manufacturing area and accessory tasting room facility.
(iii) The brewery, wine blending, or distillery use, and accessory tasting room use shall be allowed to operate and be open to the public during the following hours:
a) Manufacturing and Operation: 7:00 A.M. to 7:00 P.M. Monday through Saturday; and Accessory Tasting Room Open to the Public: 11:00 A.M. to 12:00 A.M. daily. (iv) Service trucks used for the purposes of loading and unloading materials, ingredients, products, and equipment shall be restricted to the hours of 7:00 A.M. to 6:00 P.M. Monday through Friday and 9:00 A.M. to 6:00 P.M. on Saturday.
(v) The consumption, tasting, and sales of alcoholic beverages shall be limited to only those products produced on site, unless the use establishes a bona fide eating establishment.
(vi) Ancillary retail sales, including the sale of beer, wine or distilled spirits for off-premises consumption, shall be limited to only those retail items directly associated with the on-site facility and accessory tasting room.
(vii) The brewery, wine blending, distillery use, or accessory tasting room shall not charge an admission fee, cover charge, or require a minimum purchase. (viii)A security plan, including a video surveillance system and exterior lighting plan, satisfactory to the Community Development Director or designee, shall be submitted and approved prior to issuing a Certificate of Occupancy. The video surveillance system shall be installed to assist with monitoring of both the interior and exterior of the property. A Digital Video Recorder (DVR) or similar video recording device, capable of exporting images in TIFF, BMP, or JPG format shall be used. Recording shall be retained for no less than 30 days. Exterior lighting shall clearly illuminate the common areas surrounding the building including, but not limited to, the entrance and exit doors and the business address.
(ix) No more than ten percent of the window display area (including any transparent doors) shall be allowed to bear advertising, signs, or any other obstructions. All advertising, signage, or other obstructions shall be placed and maintained to ensure a clear and unobstructed view of the establishment’s interior. Window signs displaying prices shall be prohibited. No advertising or signage shall be placed in the area above three (3) feet or below six (6) feet in height of all windows measured from grade.
(x) Tours of the brewery, wine blending, or distillery use, and accessory tasting room use shall occur on regularly scheduled days and times. The operator shall ensure that tours do not negatively affect adjacent businesses or property owners. (xi) The business shall be restricted from utilizing ventilation practices that may negatively affect residences and may be required to install mechanical air filtration systems to the satisfaction of the Community Development Director or designee.
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(xii) Any proposed alcohol establishment shall comply with all Police Department conditions imposed, including those listed under Section 19 “Building/Site Security” of City Council Resolution 95-20.
26-110 Amusement and entertainment facilities [EX. DIVISION 9 OF ARTICLE XII FORMERLY TITLED “GAME ARCADES”]
The purpose of this Division is to permit the operation of amusement and entertainment facilities, through consideration of physical treatment and compatibility with the community and surrounding property. (a) The permit required (as specified in Article II Division 2) shall be obtained prior to establishing an amusement and entertainment facility.
(b) The following special development standards shall apply to amusement and entertainment facilities:
(1) Hours of operation shall be limited to between eight (8:00) a.m. to twelve o’clock (12:00) midnight. The Community Development Director or their designee may, after twelve (12) months of operation approve extended hours of operation. The hours of operation must be posted in a conspicuous place. (2) All activities associated with the use shall comply with the standards of the noise ordinance. An accessory computer game/internet access center with ten (10) or more computers, shall be subject to the granting of a Conditional Use Permit is required, as specified in Article II, Divisions 2 and Article VI Division 4 of this Chapter.
(3) Windows shall not be obscured by placement of signs, dark window tinting, shelving, racks, or similar obstructions.
(4) The operator of the use shall provide night lighting and other security measures to the satisfaction of the Chief of Police.
(5) Exterior lighting shall not intrude on surrounding properties. (6) The operator shall demonstrate an ability to prevent problems related to potential noise, litter, loitering, crowd control and parking.
(7) A security plan, including a video surveillance system, exterior lighting plan, noise, litter, loitering, crowd control and parking to the satisfaction of the Chief of Police shall be submitted to and approved by the Police Department prior to the issuing of a Certificate of Occupancy. (8) The development standards of the zone in which this use is to be located shall apply (as specified in Article III, unless this section specifically permits or prohibits otherwise. (9) Such other conditions as deemed by the Planning Commission or Community Development Director or their designee to reasonably relate to the purpose of this Division, such as but not mandatory or limited to:
(i) Windows shall be maintained to allow an unobstructed view of the interior. (ii) Noise, congregation, parking, and other factors generated by the use, which are detrimental to the public health, safety, and welfare.
(iii) Review of the computer game/internet access center, main or accessory use, operation permitted by the Administrative Use and/or Conditional Use Permit is required after six (6) months after opening, then annually thereafter. Ownership changes shall meet the same requirements. The current or new business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the Planning Division in the amount equal to ½ of the pertinent current application fee. The review deposit shall be paid prior to occupancy or business license issuance. (iv) At no time shall alcoholic beverages be sold, dispensed, possessed, brought, or allowed on the premises of any amusement and entertainment facility except in those cases where the facility is accessory to a bona fide eating place with a Conditional Use Permit for on-sale alcohol service. (c) Specific development requirements for a game arcade:
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(1) No arcade shall be located within one thousand (1,000) feet of a public or private school conducting classes between first and twelfth grades. The distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the arcade to the nearest accessible portion of any school property. (2) Conditions of approval of an Administrative Use Permit or Conditional Use Permit for an amusement and entertainment facility:
(i) No admittance of juveniles under sixteen (16) years of age until 1:30 p.m. except on Saturday, Sunday, holidays, and school vacations.
(ii) No one under twelve (12) years of age admitted unless supervised by an adult. (iii) One (1) attendant, twenty-one (21) years of age or older, is required for every twenty-five (25) games; two (2) attendants minimum required for a main use or accessory use game arcade. (iv) Review of the operation permitted by the Conditional Use Permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of a main use game arcade.
The business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the Planning Division in the amount equal to two times the current Conditional Use Permit application fee. The review depositshall be paid prior to occupancy or business license issuance.
(v) The Conditional Use Permit may be revoked, amended, or suspended by the Planning Commission under the provisions of Article VI of this Chapter.
(vi) Licenses or permits as required in Chapter 5, Article V and Chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use. (vii) Amusement and entertainment facility business hours: 10:00 a.m. to 10:00 p.m. The Planning Commission may approve extended hours of operation under certain circumstances; but in any case, after 10:00 p.m. attendance shall be limited to adults and minors accompanied by a parent or legal guardian.
(viii)No sound created by the entertainment facility, or its patrons shall be detected from the exterior of the facility.
(3) Such other conditions as deemed by the Community Development Director or Planning Commission to reasonably relate to the purpose of this Division, such as but not mandatory or limited to:
(i) Review of the operation permitted by the Administrative Permit or Conditional Use Permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of an accessory use game arcade.
(ii) Windows shall be maintained to allow an unobstructed view of the interior. (iii) Accessory use game arcade business hours, if different from business hours of the main use. (d) Specific development requirements for billiard parlors. (1) Spacing of tables. A clear and unobstructed distance of six (6) feet shall be provided between tables, and between tables and walls or other obstructions.
(2) Lighting. The interior and exterior of the building and the front and rear parking lot shall be brightly lit with no dark areas. Exterior lighting shall be installed and maintained in a manner eliminating any nuisance to adjacent residential property.
(3) Floor covering. All floor surfaces of the playing and spectator area shall be covered with fabric carpet. (4) Proximity to school. No billiard parlor shall be located within one thousand (1,000) feet of a public or private school conducting classes between the first and twelfth grades. This distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the parlor to the nearest accessible portion of any school property.
(5) Open view. All billiard parlors shall be so constructed and maintained that a clear and unobstructed view of the entire interior thereof may at all times be had from the street or sidewalk in front of the same, except City of West Covina
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in those cases where the billiard parlor is an accessory use to a bona fide eating place, as defined in section 23038 of the California Business and Professions Code. No partitions forming rooms, stalls, or other enclosures where the public congregates shall be permitted. This provision, however, shall not be construed to preclude the maintenance of washrooms, toilet rooms for proper purposes or the maintenance of closets for storage purposes exclusively.
(6) Conditions of approval of a Conditional Use Permit conditions of approval for a billiard parlor:
(i) At no time shall alcoholic beverages be sold, dispensed, possessed, brought or allowed on the premises of any billiard parlor except in those cases where there is a main use with a minimum of twenty-five (25) percent of the floor area of the business utilized as a kitchen and dining areathe billiard parlor is an accessory use to a bona fide eating place utilizing no more than 10-percent of the total floor area available for customer assembly and/or dining. In no case shall alcoholic beverages be allowed within a primary/main use billiard parlor.
(ii) No person shall operate a billiard parlor between the hours of 2:00 a.m. and 6:00 a.m., or permit or allow any person to play billiards or remain in any billiard parlor between the hours of 2:00 a.m. and 6:00 a.m. This section, however, shall not be construed to prevent regular employees from performing necessary work within the premises.
(iii) Any billiard parlor shall be subject to code enforcement or police inspection and supervision for the purpose of ascertaining if the provisions of this Article are being observed, and no personnel shall hinder, obstruct, or delay any police officer from entering any such place. (iv) No person shall keep any door or entrance to any billiard parlor locked, barred, or barricaded in such a manner as to make it difficult for access to police officers while two (2) or more persons are present. (v) No person shall permit gambling of any kind or description or playing any games whatsoever for money or anything of value, within any billiard parlor. (vi) No card table shall be kept, or any card games played or allowed in any billiard parlor. (7) Main use billiard parlors and all accessory use billiard parlors shall comply with the following:
(i) No person under the age of sixteen (16) years shall be in, remain in, enter, or visit any billiard parlor, unless accompanied by a person over twenty-one (21) years of age who is responsible for the minor’s control and supervision.
(ii) No person having charge or control of the billiard parlor shall permit or allow any person under the age of sixteen (16) years to be in, remain in, enter, or visit any billiard parlor, unless such minor person is accompanied by a person over twenty-one (21) years of age who is responsible for the minor’s control and supervision.
(iii) The provisions of paragraphs (i) and (ii) of this section shall not apply to any person under the age of sixteen (16) years, if such person while in any billiard parlor is a member of a bona fide organized recreational group attending such room as a part of its activities, and there is in charge of such group and accompanying such group, while in a billiard parlor, a person over the age of twenty-one (21) years.
(iv) No person shall represent themselves to have reached the age of sixteen (16) years to obtain admission to a billiard parlor or to be permitted to remain therein when such person in fact is under sixteen (16) years of age.
(v) No person under the age of eighteen (18) years shall be in, remain in, enter, or visit any billiard parlor after 10:00 p.m. and before 6:00 a.m. of the next day, unless accompanied by his/her parent, guardian or other person having the legal care, custody, or control of such person. (vi) No person having charge or control of any billiard parlor shall permit or allow any person under the age of eighteen (18) years to be in, remain in, enter, or visit any billiard parlor, after 10:00 p.m. and before 6:00 a.m. of the next day, unless accompanied by his/her parent, guardian or other person having the legal care, custody, or control of such person.
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(vii) The proprietor or manager of such billiard parlor shall maintain a notice at the front entrance thereof to the effect that a person under the age of sixteen (16) years of age is prohibited from entering the same unless accompanied by a person over twenty-one (21) years of age who is responsible for his/her control and supervision.
(viii)No alcohol shall be served in main use billiard parlors. 26-111 Animal Keeping [EX. SECTION 26-391 (5)]
The purpose of this Division is to permit and regulate the keeping and maintenance of animals on any lot or parcel being legally used as a single-family residence and/or zoned for residential use without changing the residential character of surrounding neighborhoods. The following animals of such type, size and number so as not to be capable of inflicting harm or discomfort or endangering the peace, health or safety of any person or property. (a) Household pets: Provided that not more than three (3) adult dogs or four (4) adult cats, one (1) miniature potbellied pig (subject to the approval of an administrative use permit) or a combination of three (3) such animals may be kept on any lot unless a Conditional Use Permit has been granted authorizing the development, maintenance, and operation of a hobby kennel on the lot. (b) Poultry and fowl provided that not more than six (6)twenty-four (24) birds are maintained on any lot or parcel, with the exception of domestic homing pigeons in excess of six (6) birds approved through an Administrative Permit outlined in subsection (2) below.
(1) Roosters are prohibited.
(2) Domestic homing pigeons, in excess of six (6) twenty-four (24) birds and not more than twenty-four (24)sixty (60) birds on any lot or parcel may be permitted subject to the approval of an Administrative Permit and compliance with the standards listed below. Domestic homing pigeons are defined as members of the family Columbidae, and include “racing pigeons,” “fancy pigeons,” and “sporting pigeons,” as defined by the American Racing Pigeon Union and can be identified by a numbered leg band issued by a recognized national or state pigeon organization or other organization recognized by the City of West Covina. (i) A detailed plan of the loft showing its location on the property and evidence of membership and/or certification by one (1) of the above-mentioned organizations shall be submitted in conjunction with the Administrative Permit application.
(ii) The loft shall be of sufficient size and design, and constructed of such material, that it can be maintained in a clean and sanitary condition.
(iii) No loft structure shall be closer than ten (10) feet to any separate accessory building on the subject site.
(iv) Lofts and pigeons shall be located no closer than thirty-five (35) feet from any property line and/or habitable building on the subject site.
(v) Lofts and pigeons shall be located no closer than one hundred (100) feet from any school or hospital property.
(vi) All feed for pigeons shall be stored in sealed containers in a manner as to protect against intrusion by rodents and other vermin.
(vii) The hours in which exercising/training may occur are limited by the Administrative Permit. (viii)Each pigeon shall not be allowed out of its loft more than one (1) time in a twenty-four-hour period. (ix) Pigeons shall not be allowed out of their loft except for exercising/training or when being transported for a flight.
(x) Facilities and equipment shall be cleaned daily and maintained in a clean and healthy condition. (xi) No one shall release pigeons to fly for exercise, training, or competition except in compliance with the following:
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a) The owner of the pigeons must be a member in good standing of an organized pigeon club, such as the American Racing Pigeon Union, Inc., the International Federation of Racing Pigeon Fanciers, the National Pigeon Association, the American Tippler Society, the International Roller Association, the Rare Breeds Pigeon Club, or a local club which has rules that will help preserve the peace and tranquility of the neighborhood.
b) Pigeons shall not be released for flying which have been fed within the previous four (4) hours. c) All pigeons shall be banded and registered with one (1) of the national pigeon associations/registries.
(c) Small animals such as rabbits, chinchillas, hamsters, reptiles, and other small animals (subject to Section 671, Title 14, of the California Code of Regulations) raised for:
(1) Domestic noncommercial use in residential zones. Provided not more than a total of six (6) of such animals maintained on a site.
(d) Bovine animals, sheep and goats or any combination thereof shall only be allowed in the R-A zone on sites having at least twenty thousand (20,000) square feet, provided that the following ratio of animals to lot area is maintained and that they are owned only by persons residing on the parcel:
Table 4-1 Number of Bovine Animals per Lot Size
Number of Animals Lot Area
1 20,000 sq ft
2 35,000 sq ft
3 43,560 sq ft (one acre)
(e) Horses may be maintained on lots of twenty thousand (20,000) square feet or greater. The number of horses over nine (9) months of age permitted to be maintained shall be as follows:
Table 4-2 Number of Horses Per Lot Size
No. of Horses Minimum Lot Area (square feet)
2 20,000
3 27,500
4 35,000
5 42,500+
(f) For lots that abut equestrian facilities and trails, the number of horses permitted to be maintained shall be increased as follows:
Table 4-3 Number of Horses per Lot Size (Adjacent to Special Facilities Park) Number of Horses Minimum Lot Area (Square feet)
2 20,000
3 25,000
4 30,000
5 35,000+
(g) The keeping of horses under ten (10) months of age are not subject to the limitations stated above.
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(h) An additional number of horses, bovine animals more than those permitted above, may be maintained up to a maximum of ten (10), subject to the granting of a conditional use permit. (i) Commercial boarding or breeding of horses may be permitted subject to the granting of a conditional use permit.
(j) Poultry, homing pigeons, small animals, bovine animals, and horses must be kept within a corral, pen, or other suitable enclosure maintained so as to confine such animals. In addition, horses must be provided with a corral or stable area of the following minimum sizes:
(1) Corral: Two hundred forty (240) square feet per horse; minimum dimensions of twelve (12) feet by twenty (20) feet;
(2) Stable: Twelve (12) feet by twelve (12) feet per horse. (3) Corrals shall be a minimum of five (5) feet in height and shall be constructed of material to adequately confine the horses.
(k) The location of barns, corrals, or stables shall comply with applicable zoning setback requirements. A barn, corral, or stable may be located within fifty (50) feet of a front property line at the discretion of the Community Development Director or their designee or his designee through an Administrative Permit where the design and appearance of such structures is determined to be harmonious with and complementary to that of surrounding properties.
(l) Refuse from animals shall be stored in water-tight receptacles with close fitting lids or stockpiled for composting.
The outer layer of manure shall be covered with polyethylene tarp and sealed by covering the edges with soil for animal composting. Stored animal refuse shall be disposed of not less than once per week. (m) Barns, corrals, or stables shall be cleaned and maintained on a weekly basis such that dust, flies, and odors shall not be detectable from adjacent properties.
(n) Notwithstanding the poultry and animals permitted to be kept, no wild and dangerous or wild and potentially dangerous animal or animals (as defined in Chapter 6 Article I of this Code) shall be brought into, kept, harbored, possessed, liberated, or maintained on any portion of any lot or within any building or structure thereon. (1) This prohibition shall not apply to any offspring of any legally kept wild animal until such offspring reaches an age of four (4) months.
(2) This prohibition shall not apply to any circus or show involving the temporary exhibition of wild animals when otherwise permitted under this Code.
(o) Miniature pot-bellied pig. Miniature pot-bellied pigs commonly referred to as a pygmy pig or mini pig, which stands no higher than twenty (20) inches at the shoulder and is no longer than forty (40) inches from the tip of the snout to the end of the buttocks and weighs no more than one hundred twenty (120) pounds shall be permitted.
(1) Only one (1) miniature pot-bellied pig shall be permitted per single-family residential lot. (2) If kept outdoors, the pot-belly pig must be maintained at least twenty (20) feet from any habitable dwellings (other than the permittees).
(3) Breeding of the pot-bellied pig is prohibited. Each pig shall be surgically altered to prevent reproduction.
Evidence of such surgery shall be submitted to the City prior to the approval of an Administrative Permit for miniature pot-bellied pigs.
(4) The owner of the miniature pot-bellied pig is responsible for ensuring that the animal is maintained in a manner which complies with Chapter 6, Article II pertaining to the general keeping of miniature pot-bellied pigs and the licensing requirements thereof.
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(5) The keeping of adult dogs and adult cats in conjunction with a miniature pot-bellied pig shall be limited such that the total number of adult household pets, including the one (1) miniature pot-bellied pig, shall not exceed three (3) for a single-family residential property. (6) If kept as an indoor pet, a minimum of one hundred (100) square feet outdoor cemented, or turfed, fenced with solid footings, smooth-surfaced floor run shall be provided. (7) If kept outdoors a minimum of two hundred (200) square feet cemented, or turfed, fenced with solid footings, smooth-surfaced floor run shall be provided. Said fenced area must comply with all setback requirements for the underlying area district and be maintained in an orderly and odor-free manner. 26-112 Body Art [COMBINED EX. DIVISIONS 23 AND 24 OF ARTICLE XII] (a) Body Piercing. The practice of body piercing shall be allowed in conjunction only with a beauty shop or jewelry store use. Only body piercing uses shall supply body piercing services to the public. Medical practitioners licensed by the State of California under the Business and Professions Code Chapter 5 (commencing with Section 2000 of Division 2) who utilize body art activities as part of patient treatment are exempt from the registration and permitting requirements of this Division.
(1) The practice of body piercing shall be subject to and comply with the following standards and regulations:
(i) Body piercing uses established and operated only in the zones specified in Article II Division 2 and shall occupy no more than ten (10) percent of the gross floor area of the primary business. (ii) Body piercing uses may only be established in permitted businesses with a minimum of one thousand two hundred (1,200) square feet of gross floor area.
(iii) The permit required (as specified in Article II Division 2) shall be obtained prior to establishing a body piercing use. An administrative permit is not required for jewelry stores or beauty shops that offer incidental ear piercing.
(iv) The body piercing use shall comply with the Los Angeles County Code Department Regulations Body Art Title 11-Health and Safety Code Division 1 - Health Code Chapter 11.36-Body Art Establishments and Environmental Health Regulations Part 1 Public Health Chapter 36 Body Art Regulations as adopted July 1999 or as may be amended in the future.
(v) A business license as required by Chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation.
(vi) The Community Development Director or their designee may impose other conditions deemed necessary to reasonably relate to the purpose of this Division. (b) Tattooing. The practice of tattooing established and operated only in the zones specified in Article II Division 2 and shall be subject to the permit required (as specified in Article VI Division 4). Tattooing shall comply with the following standards and regulations:
(1) Tattooing uses may only be established in a tenant space with a minimum of one thousand (1,000) square feet of gross floor area.
(2) Tattooing uses shall be located a minimum of three hundred (300) feet from a residential use, religious facility, public parks, or educational institution which is utilized by minors (measured from property line). (3) Tattooing uses shall be located more than one thousand five hundred (1,500) feet from the perimeter of the tenant space of any other tattooing use.
(4) Tattooing uses shall not operate between the hours of 10:00 p.m. and 10:00 a.m. (5) Temporary or mobile tattooing uses or events are not allowed by this section. (6) The parking requirement for a tattooing use shall be consistent with standards for personal service business.
Accessory use tattooing shall comply with the parking requirements for primary use.
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(7) The tattooing use shall comply with the Los Angeles County Code title 7, Chapter 7.94, Body Art Establishments.
(8) A business license as required by Chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use.
(9) The Planning Commission may impose other conditions deemed necessary to reasonably relate to the purpose of this Division.
26-113 Cannabis [REPLACED EX. DIVISIONS 27 AND 28 OF ARTICLE XII] Commercial cannabis uses and activities are prohibited in the City of West Covina, and no commercial cannabis uses shall operate, locate, or otherwise be permitted or established within the City, even if located within or associated with an otherwise permitted use, and neither the City Council nor City staff shall approve any use, interpretation, permit, license certificate of occupancy, Zoning Code or General Plan amendment allowing the operation and/or establishment of commercial cannabis uses.
(a) No person shall own, operate, engage with or manage a commercial cannabis activity in the City of West Covina.
No person shall lease or offer to lease any facility or any location for a commercial cannabis use in the City of West Covina. No person shall employ any person or be employed at a commercial cannabis business in the City of West Covina, whether or not such employment is on a paid or volunteer basis. (b) Personal cultivation. Cultivation of cannabis indoors for personal consumption shall be permitted within a fully enclosed and secure structure by persons twenty-one (21) years of age or older, which shall conform to state law and the following minimum standards.
(1) The cultivation of cannabis by any person, including primary caregivers and qualified patients, collective, cooperatives or dispensaries, for commercial cannabis activity, as defined in Article I Division 4- Definitions. (2) Cannabis plants shall be cultivated by a person or primary caregiver exclusively for personal use only and shall not be donated, sold, distributed, transported, or given to any other person or entity. (3) Outdoor cannabis cultivation by any person, including primary caregivers, qualified patients, and dispensaries, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City of West Covina.
(4) No person shall cultivate more cannabis plants indoors than is expressly authorized by State Law. (c) Public nuisance. Any violation of this Division shall constitute a public nuisance and may be abated in accordance with applicable laws, including, but not limited to, Chapter 15, Article IX of this Code, or remediated by way of a criminal proceeding, civil action, or abatement. Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this Article, is hereby declared to be unlawful and a public nuisance and may be abated by the City through civil, criminal, and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. (d) Violation. Any person who violates this division shall be guilty of a misdemeanor and be punished in accordance with applicable laws, including, but not limited to, Section 1-37 of this Code. (e) This Article is not the exclusive means for the abatement of cannabis cultivation within the City of West Covina.
The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the Zoning Code, including, but not limited to, any action at law or equity. 26-114 Community assembly facility [REPLACED EX. DIVISION 8 OF ARTICLE XII] The purpose of this Division is to provide for the establishment and operation of privately owned community assembly facilities in accordance with certain requirements designed to ensure compatibility of such facilities with surrounding businesses and residential development.
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(a) The requirements of this Division shall apply to community assembly facilities such as banquet halls, dance halls, union halls, meeting halls for clubs and other membership organizations, and other similar facilities. Any business which permits a community assembly facility on the premises, whether for profit or not for profit, whether as a primary use or in conjunction with a commercial use, shall be considered a community assembly facility as defined in Article I Division 4.
(b) Community assembly facilities may be established and operated only in the zones specified in Article II Division 2 of the Zoning Code.
(c) The permit required (as specified in Article VI Division 4) shall be obtained prior to establishing a community assembly facility.
(d) The community assembly facility shall be subject to periodic review by the Planning Commission every six (6) months for an initial two (2) years from date of commencement of the facility operation. The current or new business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the Planning Division in the amount equal to ½ of the pertinent current application fee. The review deposit shall be paid prior to occupancy or business license issuance. (e) Live entertainment and other entertainment activities conducted on the premises shall be subject to the City noise regulations prescribed in Chapter 15, Article IV of this Code. (f) The permitted occupancy or total number of patrons allowed to enter the premises for dancing or related activity shall be restricted to two (2) persons per parking space provided on the site or the maximum occupancy permitted by the Uniform Building Code whichever is less. (g) Hours of operation for community assembly facilities may be established by the Planning Commission but in no case shall extend beyond 1:45 a.m.
(h) A Conditional Use Permit for the community assembly facility use shall be granted personally to the owner of such business or use and shall become null and void upon transfer of ownership or any other interest for such business or use.
(i) There shall be no public nuisance created by such use as a result of noise. (j) No person in charge of or assisting in the conduct of the facility, or featuring live entertainment, shall permit any person to enter into, to be in or to remain in any place where such dance hall, facility or live entertainment is conducted, who is intoxicated, boisterous, or disorderly. No person in an intoxicated condition shall enter, be in or remain in the facility or where live entertainment is permitted by this Article. No person shall conduct themselves in a boisterous or disorderly manner in or at a dance hall, facility or where live entertainment is permitted by this Article.
26-115 Containment of Carts [EX. DIVISION 31 OF ARTICLE XII] This division sets forth a uniform set of standards for any business establishment that uses carts in its operations, or that provides, or otherwise makes carts available for the use of its customers. Business establishments utilizing carts shall employ and/or install physical containment devices and/or equipment designed to prevent the unauthorized removal of such carts from the premises where they are located. (a) The following definitions shall apply:
(1) Cart means any basket or other like container of any size, dimension or material construction which is mounted on wheels or a similar device and is typically (but not necessarily exclusively) used by the customers, agents or employees of a business establishment for the purposes of transporting items of any kind.
(b) Cart containment regulations:
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(1) Each business establishment shall have a sign permanently affixed to all carts complying with the requirements of the Business and Professions Code Section 22435.1, shall have signage installed on site notifying customers that removal of the carts from the premises is prohibited, and shall be required to employ and or install one or more of the following physical containment measures, subject to the Community Development Director’s review and approval of a cart containment plan specifically indicating the means of cart containment proposed to be utilized;
(i) Equipping all carts with a wheel locking or stopping mechanism used in conjunction with an electronic or magnetic barrier running along or within the perimeter of the premises. Such wheel locking or stopping mechanism must activate when the cart crosses the electronic or magnetic barrier. (ii) Equipping all carts with devices and/or equipment which physically prevents the carts from being removed from the interior of any building or structure in which they are used; (iii) Installing physical barriers within all buildings or structures which physically prevent carts from being removed from the interior of any building or structure in which they are used; (iv) Installing an alternative cart containment system proposed by the specific business establishment and approved by the community development director.
(2) The employment and/or installation of any one or more of the options set forth under subsections (b)(1) through (b)(3) of this section shall be required within sixty (60) calendar days of a written determination by the Community Development Director or their designee determining that an approved alternative cart containment system option does not reliably prevent the removal of carts from the premises. A containment system option does not relatively prevent the removal of carts from the premises. A containment system shall be deemed not to reliably prevent the removal of carts from the premises if the number of carts removed from the premises or found abandoned exceeds three (3) carts in a thirty (30)- day period and/or eight (8) total carts in any calendar year. (c) Cart containment approval process.
(1) Approval by community development director. Commencing upon the effective date of this division, every new or existing business establishment utilizing carts must either:
(i) Submit documentation proving, to the reasonable satisfaction of the Community Development Director or their designee, that the business establishment has installed any one or more of the measures set forth under subsections (b)(1) through (b)(3) and that such system is operational and in good working condition; or
(ii) Submit to the Community Development Director or their designee a proposal for the installation of an alternative cart containment system. The Community Development Director or their designee shall have thirty (30) calendar days from the date of submission to review any proposal for a barrier system contemplated under section (b)(4) and may thereafter approve the proposal; deny the proposal; approve the proposal subject to modification and amendments aimed at enhancing its cart containment reliability and/or its architectural and aesthetic consistency with other on-premises improvements; or forward the proposal to the Planning Commission for review and render the final decision . No new business establishment shall be issued a certificate of occupancy until the requirements of this section are satisfied.
(d) Implementation and amortization.
(1) All existing business establishments which do not have cart containment measures employed in accordance with subsections (b)(1) through (b)(3) or have an approved alternative containment measure employed per subsection (b)(4), as of the effective date of the ordinance codified in this section, shall so comply within twelve (12) months after the effective date. A business establishment and/or owner of the premises upon which the business establishment is located may apply for an extension of time from the City of West Covina
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amortization period no more than ninety (90) days prior to the expiration date or no more than thirty (30) days after the expiration date.
(i) The extension of time request shall be reviewed by the community development director. The Community Development Director may only consider one extension of time per business establishment. In no case shall an extension of time greater than six (6) months be granted. The Planning Commission, upon appeal, shall make the following findings in approving or conditionally approving an application for the extension of time request. a) That the struct application of the required cart containment measure will create an unreasonable hardship upon the applicant, which was not brought about by an act of the applicant. b) That the extension of time requested will not be materially detrimental to the public health, safety, or general welfare or to the use, enjoyment or valuation of property of other persons located within the vicinity.
c) That sufficient evidence has been submitted to support the need for the extension of time and appropriate amount of time.
(ii) Written notice of time and place of hearings conducted by the Planning Commission upon appeal relating to such matter shall be given not less than ten (10) consecutive calendar days in advance of such hearing to the applicant and property owner whose property is within a three hundred (300) foot radius of the subject lot. The applicant shall be responsible for providing the City with the required radius map and mailing labels. All persons interested in such matters shall be given a reasonable opportunity to present relevant evidence relating to the request. (e) Requirements for securing carts.
(1) All carts located on the premises of any business (other than business establishments open 24 hours per day) shall be collected at the end of each business day by employees of the establishment and shall be collectively confined in a secure manner until the commencement of the next business day. (f) Cart retrieval requirements.
(1) The cart owner shall secure and continuously maintain a service to retrieve shopping carts which have been removed from their business premises within 24 hours of the removal or notice of removal. 26-116 Drive-Through Facilities [REPLACED EX. DIVISION 19 OF ARTICLE XII] This Division sets forth the performance standards for the construction and implementation of drive-through pharmacies and financial institutions in a manner which ensures the on-going compatibility of such uses with neighboring residential development and other sensitive receptors such as but not limited to schools, hospitals, convalescent homes, etc. A conditional use permit shall be obtained prior to establishing and operating a drivethrough facility in a commercial, mixed use and industrial zones, and specific plan zones where applicable, provided that the facility and/or site complies with the following minimum requirements:
(a) Drive-through facilities shall not be within five hundred (500) feet of another drive-through facility. This shall be measured from the building and/or queuing lane, whichever is closer. (b) Area requirements. Every drive-through facility shall be located on a site having an area of not less than ten thousand (10,000) square feet and a minimum street frontage of not less than one hundred (100) feet. (c) Drive-through facilities are prohibited in the West Covina Downtown Plan area. (d) Adequate separation between drive-through facility and adjacent residential developments and other sensitive receptors, as determined by the Community Development Director or their designee and/or Planning Commission, shall be provided by the following methods:
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(1) A minimum distance of fifty (50) feet between the property lines of any residential zone or residential development or other sensitive receptor and the outer perimeter of the drive-through lane(s), outdoor play area, and outdoor seating area shall be maintained. (2) The drive-through facility shall not be located within a 500-foot radius of a school or park unless mitigating factors exist.
(3) A minimum of five-foot (5’-0”) wide landscaped buffer and/or minimum six-foot (6’-0”) high wall along the property line shall be provided. Said landscape buffer shall be landscaped with specimen plant materials and trees appropriate in size and type to create a solid plant screen, subject to the approval of the Community Development Director or their designee.
(e) Design standards. The following standards shall apply to the design of any new development providing a drivethrough service. (1) Drive-through lanes shall not obstruct the circulation routes necessary for access to the property, parking areas (including backup area of parking spaces), and pedestrian walkways. (2) Pedestrian walkways shall be emphasized by enriched pavement or striping. (3) Drive-through facilities within an integrated shopping center shall be consistent with the center in terms of architectural design and detailing, roof material, exterior finish materials and color. (4) Each drive-through aisle shall be appropriately screened with a combination of landscaping, low decorative walls, and/or berms to prevent headlight glare from impacting adjacent residences, businesses, public rights-of-way, and parking lots.
(5) Landscaping along the drive-through aisle shall be a minimum of five (5) feet in width. (6) Landscaping and fencing shall be consistent with Article III Division 5 and trees should be provided to buffer adjacent uses.
(7) Decorative paving shall be used at project entries and in pedestrian areas to enhance the pedestrian environment.
(8) New buildings with drive-through facilities shall orient the primary building entrance toward the street to provide direct access to the public sidewalk.
(f) Queuing. Proposed drive-through facilities shall require a parking and queuing study that is based on similar operations, addressing the anticipated traffic volumes and vehicular stacking needs of the proposed business. (1) Queuing lanes shall be a minimum length of 200 feet starting from the center of a pick-up station or window. Queuing length may vary dependent on the queuing study. (2) Queuing lanes shall not interfere with the use of or access to any parking or loading spaces. (g) Noise levels shall not increase ambient noise levels by five (5) dba as measured at all property lines abutting residential development and other sensitive receptors. This may be achieved through one (1) or more of the following methods, as determined by the Community Development Director or their designee and/or Planning Commission:
(1) All deliveries and exterior building and landscaping maintenance and cleaning activities may be limited as necessary to achieve compatibility with adjacent sensitive land uses. (2) Hours of operation may be limited as necessary to achieve compatibility with adjacent sensitive land uses.
(3) The applicant shall provide a noise study prepared by an acoustical engineer indicating that the proposed operation will not increase ambient noise levels by five (5) dba as measured at all property lines abutting residential development and other sensitive receptors.
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(4) The applicant shall provide the plans and specifications for any potential noise sources (e.g., the speaker system, trash compactor, delivery trucks, etc.). (5) If speakers are utilized, the speaker box shall be oriented away from adjacent residences and other sensitive receptors.
(h) The site shall be served by an improved arterial or collector street adequate in width to carry the quantity of traffic generated by the use without significantly lowering the existing level of service of that street. The Community Development Director or their designee and/or Planning Commission may require the applicant to prepare and submit a traffic study which addresses:
(1) The placement, design, and adequacy of the vehicle queuing aisle. (2) The use demand for the proposed facility.
(3) On-site circulation and parking lot design.
(i) Such other requirements and/or standards as deemed by the Community Development Director or their designee and/or Planning Commission to reasonably relate to the purpose of this Division may be required as a condition of approval.
(j) Findings. The Planning Commission shall not grant a Conditional Use Permit for a drive-through facility without finding:
(1) Said facility has adequate vehicle queuing distance, including with due consideration for menu board location, clear of any adjacent public right of way, and shall not create any vehicular or pedestrian travel hazards as demonstrated in a traffic study prepared to the satisfaction of the city engineer. (2) That the project substantially conforms with the purpose, intent and provisions of the General Plan, any applicable Specific Plan, or other applicable regulation. (3) That the location and design of the facility is compatible with surrounding existing uses, includes a prominent main entrance at street or lot frontage, attractive landscaping, and includes sufficient pedestrian amenities, and interior floor area.
(4) The said facility includes sufficient emissions controls to prevent idling vehicles, tunneling of emissions, and associated impacts on employees, visitors, and nearby sensitive receptors. (5) That said facility includes buffering sufficient to control any spillover impacts, including but not limited to noise, light, and debris that may impact surrounding sensitive receptors. (6) That said facility, if located within 150-feet of a residential zone, includes appropriate limits on hours of operation of the drive-through.
(7) That said facility is not located in an area of existing overconcentration of drive-through facilities and is not located within a 500-foot radius of a school or park unless mitigating factors exist. 26-117 Electric Vehicle Charging Stations and Solar Carports *NEW* This Division sets forth design and development standards for Commercial Electric Vehicle Charging Stations and Solar Carports located within parking lots.
(a) Electric Vehicle Charging Stations. This section shall provide additional development standards in addition to the standards adopted in Article XVIII- Permit Process for Electric Vehicle Charging Stations. (1) Electric vehicle charging stations may only provide required signage for compliance with accessibility requirements and U.S Department of Transportation Federal Highway Administration’s Manual on Uniform Traffic Controls.
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(2) Per State law, electric vehicle charging stations and related equipment are required to be counted towards the City’s parking standards/ratio. As such, signage preventing non-electric vehicles from being parked on electric vehicle charging station spaces shall be prohibited. (b) Solar Carports. This section shall provide development standards for Solar Panel Canopies located within parking lots.
(1) Solar carports shall not be located within any required building setback. (2) Solar carports shall not be located within 100 feet of the front facing portion of buildings. (3) Solar carports shall not result in a net loss of any required parking. (4) Solar carport shall not result in a net loss of any required parking. (5) No signage shall be permitted on the solar carports other than signage required for ADA and identification purposes.
(6) No offsite advertising.
26-118 Emergency Shelters [EX. DIVISION 25 OF ARTICLE XII updated to be consistent with State Law] This Division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homelesspeople who are not securely housed.
(a) Standards and Regulations. Emergency shelters for homeless personspeople experiencing homelessness shall be subject to and comply with the following standards and regulations. (1) A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use per Article II Division 2, consistent with section 65583(a)(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a Conditional Use Permit, as set forth in Article VI Division 4.
(2) The maximum stay at the facility shall not exceed one hundred twenty (120)one hundred eighty (180) days in a three hundred sixty-five (365) day period. The facility shall operate on a first come, first serve basis with clients only permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night. A curfew no later than 10:00 p.m. shall be established and strictly enforced and clients shall not be admitted after the curfew. (3) A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.
(4) A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290.
(5) Bike rack parking shall be provided at the facility at a rate of one space for every four (4) beds. (6) Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Parking Lot Design and Lighting Standards. (7) A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. Said waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by a minimum six (6) foot tall visually screening decorative wall or fence and shall provide consideration for shade/rain provisions.
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(b) Operational Plan. An operational plan shall be provided. The approved operational plan shall remain active throughout the life of the facility. At a minimum, the plan shall contain provisions addressing the topical areas outlined below.
(1) Security and safety. Addressing both on and off-site needs shall include the following rules and procedures:
(i) The facility shall establish and enforce a strict code of conduct including the prohibition of weapons and their use.
(ii) The facility shall establish procedures for client intake and shall maintain a client roster. The roster shall be made available to the City upon request.
(2) Loitering control. With specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site. (3) Management of outdoor areas. Including a system for daily admittance and discharge procedures and monitoring of waiting areas.
(4) Hiring procedures. Describe procedures for ensuring that staff are not convicted felons or are required to register as a sex registrant.
(5) Staff training. With objective to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income.
(6) Communication and outreach. With objective to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the public. (7) Screening. Provide criteria to screen clients for admittance eligibility, with objective to provide first service to individuals with connections to West Covina.
(8) Counseling. To provide counseling programs with referrals to outside assistance agencies and provide an annual report on this activity to the City.
(9) Litter control. With an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24) hour period. (10) Contact information. The operator shall provide the City with the most current contact information for the operator of the facility during the normal daytime office business hours, and the nighttime contact information for the “person on duty” when the emergency shelter is operating. (11) State law compliance. The operator shall ensure proper compliance with all state laws pertaining to client residency and occupancy.
(12) Emergency response. The operator shall establish standards for responding to emergencies and incidents by expelling clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established.
(c) Required Services. The facility shall provide the following services in a designated area separate from sleeping areas:
(1) A recreation area inside the shelter or in an outdoor area visually separated from [public] view by a minimum six (6) foot tall visually screening decorative wall or fence. (2) A counseling center for job placement, educational, health care, legal services, or mental health services. (3) Laundry facilities to serve the number of clients at the shelter. (4) Kitchen and dining area.
(5) Client storage area.
(6) Similar types of facilities to address the needs of homeless clients, as determined by the Community Development Director or their designee.
(d) Parking. An emergency shelter facility shall provide parking as indicated in Article III, Division 6.
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(e) The facility shall comply with all other laws, rules, and regulations that apply including, but not limited to, building and fire codes. The facility shall be subject to City inspections prior to the commencement of operation.
In addition, the City may inspect the facility at any time for compliance with the facility’s operational plan and other applicable laws and standards.
26-119 Private Gymnasiums and Fitness Studios [EX. DIVISION 10 OF ARTICLE XII] The purpose of this Division is to serve the need of the public in regard to gymnasiums and fitness studios while guaranteeing the adequacy of the site for the use and the protection of the surrounding properties through consideration of physical treatment, parking requirements and compatibility with surrounding properties. (a) Application. Gymnasiums and fitness studios may be established only in the zones as specified in Article II, Division 2 through a Conditional Use Permit. The application shall include a precise plan for new structures (as specified in Article VI, Division 3).
(b) Development Standards. The development standards of the zone in which this use is to be located shall apply (as specified in Article II, Division 2 of this Chapter) unless this section specifically permits or prohibits otherwise. (c) Parking shall be required as indicated in Article III, Division 6. (d) Conditions of Approval. Conditions of approval of an Administrative Permit or Conditional Use Permit for gymnasiums and athletic clubs shall include but not limited to the following:
(1) The Administrative Permit or Conditional Use Permit shall become null and void upon transfer of ownership or any other interest in the use permitted.
(2) The Administrative Permit or Conditional Use Permit may be revoked, amended, and suspended by the community development director or Planning Commission under the provisions of Article VI of this Chapter.
(3) Licenses and permits as required in Chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use.
(4) Such other conditions as deemed by the Community Development Director or Planning Commission to reasonably relate to the purpose of this Division.
26-120 Home Occupation [EX. DIVISION 5 OF ARTICLE XII]
The purpose of the home occupations provisions is to permit the conducting of a business for supplemental income in residential dwellings without changing the residential character of surrounding neighborhood. (a) Regulations and Requirements. The following regulations and requirements apply to home occupations:
(1) No employment or help other than the resident members of the resident family. (2) No mechanical, electrical equipment, or stock material shall be used other than that customarily found in the home associated with a hobby or avocation not conducted for gain or profit except machinery, equipment or stock material which is essential in the conduct of the home occupation, providing that such machinery, equipment or stock material does not generate, emit or create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than normally experienced in an average residential neighborhood. (3) No in person contact with the public or in person sale of products on the premises except by mail, phone, or internet or telephone.
(4) No generation of pedestrian or vehicular traffic beyond the amount normal to a residential neighborhood. (5) No more than one (1) room or two hundred (200) square feet, whichever is less, shall be employed for the home occupation.
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(6) No garage, accessory building or open ground space shall be employed for home occupation or for storage of equipment, supplies, or products, except the vehicle (and equipment, supplies or products stored within the vehicle) employed by the home occupation.
(7) No commercial advertising or identifying signs.
(8) In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character prior to the installation of the home occupation.
(9) There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes. (Private telephone excluded), including computers and phones used for business. (10) These regulations shall not apply to community care facilities except when in conflict with a specific state licensing requirement.
(b) Permitted uses regarding home occupations are limited to sales and services type business with no on-site contact with the public, production and assembling of small quantities of items. Contact with clients is limited to one client on the premises. This does not include family day cares. (c) The following services and uses require a Conditional Use Permit as set forth in Article VI. (1) Foster home (more than six (6) children)
(2) Hobby kennel (subject to requirements of section 26-111- Animal Keeping) (3) Horse boarding or breeding (subject to requirements of section 26-111- Animal keeping) (d) The following uses by the nature of the investment or operation have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home occupations:
(1) Auto Repair
(2) Barber or beauty shop.
(3) Bicycle repair.
(4) Carpentry work.
(5) Dance instruction.
(6) Laundering service.
(7) Massage parlor.
(8) Medical or dental office.
(9) Painting of vehicles, trailers or boats.
(10) Photo developing.
(11) Photo studio.
(12) Private school with organized classes.
(13) Radio or television repair.
(14) Upholstering.
(15) Welding.
26-121 Massage Parlors and Health and Beauty Spas [EX. DIVISION 12 OF ARTICLE XII] The purpose for this Division is to serve the need of the public in regard to massage parlors and health and beauty spas while guaranteeing the adequacy of the site for the use and the protection of surrounding properties through consideration of physical treatment and compatibility with surrounding properties. (a) This Division shall not apply to any uses or professions exempted by Chapter 14 Article V of this Code.
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(b) Massage parlors and health and beauty spas may be established only in the zones as specified in Article II, Division 2 of this Chapter.
(c) The permit required (as specified in Table 2-12 in Article II, Division 2) shall be obtained prior to establishing a massage parlor or health and beauty spa.
(d) The development standards of the zone in which this use is to be located shall apply (as specified in Article II of this Chapter unless this section specifically permits or prohibits otherwise. (e) Parking shall be required as indicated in Article III Division 6. (f) Massage Parlors and Health and Beauty Spas shall comply with the following minimum standards:
(1) Massage parlors and Health and Beauty Spas shall not be located within 1,000 feet of another massage use;
(2) Massage parlors and Health and Beauty Spas shall not be located within 150 feet from any residential use. (3) A massage room shall not have light dimmers and shall not be equipped with lamps. (4) Accessory massage uses (where massage is not the primary use)shall not have any doorsfor massage rooms but may cover the doorway with draped curtains. Massage parlors and Health and Beauty Spas may have doors that are not equipped with any locking devices.
(5) Each massage room or area where massage is performed shall be illuminated with light equivalent to a minimum of forty-watt incandescent light bulb and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current mechanical and building code of the city. The lighting in each massage room shall be always activated while the patron is in such room or area. (6) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, shall, during business hours, block visibility into the interior reception and waiting area by curtains, closed blinds, or any other material that obstructs, blurs, or darkens the view into the premises.
(g) No person or persons shall be allowed to live inside the massage establishment at any time. Beds, mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are not permitted on the premises. (h) No food of any kind shall be cooked or prepared in a massage establishment. No food of any kind shall be for sale or sold in the establishment.
(i) A massage establishment may be inspected at least twice a year for the purpose of determining that the provisions of this chapter are met. Such inspections may be made by the police department, persons employed by the City whose job descriptions require the person to enforce the provisions of this code, including, but not limited to, code enforcement officers, and such other enforcement officials. (j) Advertising. No permitted massage establishment shall place, publish, or distribute, or cause to be placed, published, or distributed, in any publication or any website, any advertising that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services authorized by the Massage Therapy Act and pursuant to this chapter. No massage establishment shall employ language in the text of such advertising that would reasonably suggest to a prospective patron that any service is available other than those services authorized by this chapter. The massage establishment shall ensure that it and all certified massage professionals comply with Business and Professions Code Sections 4608, 4609 and 4611, by requiring the massage professionals to include the name under which he or she is certified and his or her certificate number in any and all advertising of massage for compensation; to not engage in sexually suggestive advertising related to massage services; to not hold him or herself out as a certified massage professional, or use terms such as “licensed” or “certified,” that implies that an uncertified person is certified as a massage professional; to not falsely state or advertise or put out any sign or card, or to falsely represent to the public, that any individual is licensed, certified, or registered as a massage professional if that individual is not so certified by the CAMTC.
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(k) Clothing. A massage professional may not wear attire that is transparent, see-through, or substantially exposes the massage professional’s undergarments or that exposes their breasts, buttocks, or genitals, or that in any way willfully and lewdly exposes their private parts in any place that is in public or where there are other people present who may be offended or annoyed by such action. Swim attire may not be worn unless the massage professional is providing a water-based massage modality approved by the CAMTC. A massage professional shall not wear any clothing that is deemed by the CAMTC to constitute unprofessional attire. All employees of the massage establishment that are not massage professionals shall also adhere to these clothing requirements. (l) Responsibility for Conduct of Massage Establishment. The operator and on duty manager shall be jointly responsible for the conduct of all employees while the employees are on the premises of the massage establishment. Any act or omission of an employee constituting a violation of any provision of this chapter shall be deemed to be an act or omission of the operator and on duty manager for purposes of determining whether the massage establishment permit should be revoked, or an application for such permit or renewal thereof, denied.
(m) Conditions of approval of a Conditional Use Permit for health and beauty spas or massage parlors:
(1) Review of the operation permitted by the Conditional Use Permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of the use. The business owner and/or applicant shall be responsible for all fees associated with the review. A deposit shall be submitted to the Planning Division in the amount equal to two times the current Conditional Use Permit application fee. The review deposit shall be paid prior to occupancy or business license issuance. (2) All persons providing massage services shall obtain a CAMTC certificate. (3) Signs—Display of Permits. Neither signs nor the front of the business shall be illuminated by strobe, flashing lights or string lights. Each operator and/or on-duty manager shall display the massage establishment permit in a conspicuous public place in the lobby of the massage establishment. In addition, each operator and/or on-duty manager shall ensure: (a) CAMTC Certificates for each massage professional employed at the establishment (whether on-duty or not) are conspicuously displayed in the lobby area of the massage establishment; and (b) that each massage professional has his or her identification card in his or her possession while providing massage services for compensation. (4) The Conditional Use Permit may be revoked, amended, or suspended by the Planning Commission under the provisions of Article VI Division 4 of the West Covina Municipal Code. (5) Licenses and permits as required by Section 14-117 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use.
(6) The use shall be conducted in compliance with all applicable requirements of Article V of Chapter 14 of the West Covina Municipal Code.
(7) Such other conditions as deemed by the Planning Commission to reasonably relate to the purpose of this Division.
(n) Accessory massage service is allowed as an accessory to hair salons, barbershop, nail salons, gyms/fitness studios, medical office/clinic only.
(1) An administrative review shall be obtained prior to establishing accessory massage and prior to issuance of business license and the start of operations subject to the following minimum standards:
(i) A massage room shall not have light dimmers and shall not be equipped with lamps. (ii) The massage room shall not have any doors but may cover the doorway with draped curtains. (iii) Each massage room or area where massage is performed shall be illuminated with light equivalent to a minimum of forty-watt incandescent light bulb and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current mechanical and building code of the City. The lighting in each massage room shall be always activated while the patron is in such room or area.
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(2) A letter signed by the applicant for massage services requesting that the Community Development Director or their designee approve massage services as an accessory use at the subject address. The letter should also include the following:
(i) Applicant’s full name, mailing address, and phone number (the applicant must be the same business owner of the primary business.
(ii) The proposed hours of operations for the massage services and hours of operation of the primary use. (iii) A statement that massage services will not be permitted beyond the hours of operation of the primary use.
(iv) A statement that the proposed massage technician is strictly accessory to the primary use and will abide by all requirements of an accessory use, including permitting no exterior advertising relating to massage services.
(3) A floor plan, drawn to scale, of the primary use indicating location of walls and entries and labeling the intended use of rooms. Specifically, show the following:
(i) The location of the massage room and fixtures related to the business (sink, table, counter, bathroom shall be indicated on the floor plan);
(ii) No separate exterior entrance to the massage room. The path of travel to the massage room should be through the main entrance of the primary use; and
(iii) The massage room and other areas devoted to the massage service shall not exceed ten (10) percent of the total business floor area.
(4) A business license from the city treasurer’s office is required. (5) Each individual massage technician shall comply with the requirements of section 14-68 of the Municipal Code.
26-122 Mobile Home Development and Design Standards [EX. DIVISION 2 OF ARTICLE XII] The regulations contained in this Division, in addition to the requirements for the underlying zone, shall govern the land, buildings, yard restrictions, signs, landscaping, and other improvements required for mobile home parks developed within any such district.
(a) The following general criteria are hereby set forth to guide the Planning Commission in establishing a mobile home park district. The Planning Commission may, based upon compliance with said criteria, approve or deny a request for a mobile home park district.
(1) A mobile home park shall be located on a four (4) lane or wider street. (2) A mobile home park shall consist of not less than five (5) acres of usable area (ten (10) percent grade or less).
(3) The existing utility systems (water, sewer, drainage, electrical, gas and communications facilities) should be adequate or the construction of new systems possible to serve a mobile home park within the mobile home park district.
(b) The following development standards shall apply to a mobile home park. (1) The required permit (as specified in Article II Division 2) shall be obtained prior to construction of a mobile home park.
(2) State standards. The mobile home park standards of the state, as the same now exist or as they may be amended, shall apply.
(3) Underground utilities. All utilities shall be underground in accordance with the Municipal Code and approved by the city engineer.
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(4) Off-street parking shall be provided as indicated in Article III Division 6. (5) Landscaping. The required setback areas shall be landscaped. In addition, there shall be planters, trees, shrubs, and other plant material generally dispersed through the mobile home park. Such landscaping shall be permanently watered and maintained. All such planted areas shall be surrounded by a curb of concrete or comparable material not less than six (6) inches high. (i) No planting area shall be less than twenty-four (24) square feet in overall area or less than three (3) feet in width (inside dimension) except for raised planter boxes around or near buildings. (ii) There shall be at least one fifteen (15) gallon size tree provided per mobile home lot. (iii) Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions.
(iv) Each unused space resulting from the design or layout of parking spaces or accessory structures which is over twenty-four (24) square feet shall be landscaped. (v) The landscaping plan shall be drawn to a minimum scale of one (1) inch for each fifty (50) feet; shall indicate the square footage of each planting area; shall tabulate the square footage of all landscaped area and percentage of the total site devoted to landscaping; shall identify at the planting area the type of plant; shall list the botanical and common names of all plants with the number of each and their container size; and shall clearly portray the permanent irrigation system. (6) Walls. A five (5) foot high (minimum) concrete, masonry or decorative block wall shall be provided and maintained on the boundary of the mobile home park. Walls along dedicated street frontages must be set back a minimum distance of fifteen (15) feet from the property line and this setback area shall be landscaped. Type, texture, and color shall be approved by the Planning Commission. (7) Yards. There shall be a fifteen (15) foot setback along all dedicated street frontages which area shall be landscaped as indicated in subparagraph (e) above.
(8) No mobile home or structure shall be located within five (5) feet of the side or rear line of a mobile home park boundary.
(9) Refuse storage. All outdoor trash, garbage, and refuse containers shall be screened on all sides from public view by a minimum five and one-half (5½) foot high concrete, masonry or decorative block wall and the opening provided with a gate of durable wood or comparable material. Such an area shall be so located as to be easily accessible for trash pickup. Type, texture, and color shall be approved by the Planning Commission.
(10) Lighting. All lighting of the mobile home buildings, landscaping, parking lot, or similar facilities shall be so located and directed as to reflect away from adjoining properties. (11) Mechanical equipment. All ground mechanical equipment shall be completely screened behind a permanent structure, and all roof top mechanical equipment on permanent structures shall be placed behind a permanent parapet wall and be completely restricted from all view. 26-123 Mobile services [EX. DIVISION 13 OF ARTICLE XII] (a) The purpose for this division is to serve the need of the public for convenient and economical services to residents and business while guaranteeing the adequacy of the site for the use and the protection of surrounding properties.
(b) Mobile Services permitted
(1) For the purposes of this division, mobile services shall include specified commercial services that are rendered at residences or places of business, provided only in response to direct requests for such services.
Mobile services shall be limited to those typically and customarily provided by stationary service businesses permitted in the commercial zones (not including the M-1 zone) of the City.
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(2) Mobile services shall not include services that create a nuisance to adjacent properties, such as but not limited to vibration, sound, electro-mechanical disturbance or radiation, air or water pollution, dust, emission of odorous, toxic, or noxious matter, or violates the provisions of Chapter 15 of the Municipal Code.
(3) Mobile services involving the maintenance of stationary property fixtures shall be exempt from the provisions of this division, notwithstanding that such services must comply with the provisions of Chapter 14 of the West Covina Municipal Code (Licenses and Business Regulations). These services shall include, but are not limited to, gardeners, pool maintenance, and building contractors. (4) Mobile food vendors requiring a business license permit, as stated in section 14-161, shall be allowed only in commercial and manufacturing zones. However, a mobile food vendor may conduct business on a property used or zoned for residential purposes during the construction or reconstruction of any structure on that property if the area actually being constructed or reconstructed consists of 2,500 square feet or greater in area. Such operation shall comply with the provisions of Chapter 14 of the West Covina Municipal Code (Licenses and Business Regulations).
(5) The Community Development Director shall be authorized to make determinations regarding the conformance of proposed mobile services with these stated criteria, provided, however, that the decision of the Community Development Director may be appealed to the Planning Commission pursuant to the procedures of section 26-193 of this chapter.
(c) Standards for mobile services operation.
(1) Mobile services provided at residences may be rendered only to the residents of the subject property.
Mobile services provided at places of business may be rendered only to the owner or proprietor of the subject business, or to employees of the subject business with the consent of the owner or proprietor. (2) Mobile services may be provided only in response to direct request for such services, and may not be provided through “door-to-door” solicitation.
(3) The total number of days that a service may be provided at a particular residence or place of business by a given mobile service operator shall be limited to a maximum of five (5) during any given thirty-day period. (4) Mobile services may be rendered only between the hours of 8:00 a.m. and 9:00 p.m., except as prohibited by noise regulations contained in Chapter 15 of the West Covina Municipal Code. (5) Mobile services shall be provided entirely within enclosed buildings, with the exceptions of the following services:
(i) Auto repair and services provided at single-family residential properties, provided it occurs in conformance with section 26-45 of this chapter (including the prohibition of power tools after 8:00 p.m.), and further provided that oil, gasoline, and other flammable or hazardous materials are properly disposed of in accordance with environmental laws and regulations. (ii) Auto repair and services provided at multiple-family residential properties, provided it occurs in conformance with section 26-45 of this chapter (including the prohibition of power tools after 8:00 p.m.), and further provided that oil, gasoline, and other flammable or hazardous materials are properly disposed of in accordance with environmental laws and regulations. (iii) Services provided at residential properties, provided it occurs within a commercial service vehicle designed for the particular service provided.
(6) Licenses and permits as required in Chapter 14 of the West Covina Municipal Code (Licenses and Business Regulations) must be obtained by operators of mobile services. (7) The Community Development Director shall be authorized to make exceptions to these standards, based on extraordinary circumstances, provided that negative impacts are not created, provided, however, that the decision of the Community Development Director may be appealed to the Planning Commission pursuant to the procedures of section 26-193 of this chapter.
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26-124 Temporary leasing centers, Modular trailers and Model Homes [EX. DIVISION 3 OF ARTICLE XII] Notwithstanding any other provisions of this Chapter, after a tentative subdivision map or precise plan has been approved, a model home marketing complex may be constructed within the area covered by the tentative subdivision map if all the conditions of this division are complied with. (a) The owner or developer of land within a subdivision who desires to construct a model home marketing complex therein shall file the following with the Community Development Director or their designee:
(1) The model home marketing complex site plan (which must be a typical representation of the proposed development), including plot plans showing the proposed location and elevation of all models and of all other structures proposed to be built, the location of roads, walks, parking areas and other improvements within the complex and landscaping plans.
(2) An “Agreement and Consent to Judgment” signed and acknowledged by both the owner and the developer guaranteeing that all land and improvements constructed as part of the model home complex shall conform to the final subdivision map, zoning and improvement plans, or guaranteeing that if the final subdivision map is not recorded within eighteen (18) months from the date of the agreement or any authorized extension thereof, all of the improvements shall be removed at the sole cost of the owner thereof and the land restored to its former condition. The form of the agreement shall be approved by the City Attorney before it is filed.
(3) The legal description of the area including each individual lot within the subdivision upon which the model home marketing complex is to be constructed.
(b) The Community Development Director or their designee shall review the plot plans of a proposed model home marketing complex and may either approve, amend, or disapprove the plot plans. (c) Any applicant dissatisfied with the action of the Community Development Director or their designee may appeal in the manner and within the time specified in section 26-193. (d) After the plot plans have been approved by the Community Development Director or their designee, the owner or developer may apply to the building official for the necessary permits required for the construction of the model home marketing complex in accordance with the approved plot plans. All plans, specifications and certificates required for compliance with the building code, together with the payment of the prescribed fees, shall be required.
(e) Plans and specifications shall be submitted to the city engineer for the construction of necessary streets, curb, gutters and paving to serve the model home complex and necessary utilities, sewers and storm drains shall be constructed. Plans and specifications shall be approved by the city engineer prior to issuance of building permits.
Final street construction may be deferred until such time as the model home complex is no longer in use provided a bond, in an amount approved by the city engineer, guaranteeing final street construction, is posted. (f) The owner or developer shall also construct on the model home complex site suitable and adequate toilets and washing facilities for public use. The plans and specifications for such facilities and their location shall be approved by the building official prior to construction. The facilities shall be permanently maintained in a clean and sanitary manner to the satisfaction of the health department. (g) A model home marketing complex may be constructed in a Planned Residential Development overlay zone or in a Planned Community Development zone for which no tentative subdivision map is required if the owner or developer complies with all the conditions of this division with the following exceptions:
(1) Reference to the approved tentative subdivision map shall mean the approved development plan for the planned residential development or the planned community development, whichever is applicable. (2) Reference to the removal of improvements if a final subdivision map is not recorded shall refer to a notice to remove improvements issued by the Community Development Director or their designee of the City for noncompliance with master plan requirements or with development plan requirements. Removal of City of West Covina
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improvements may be required within eighteen (18) months of the date of the approval of the development plan unless an extension of time is approved by the Planning Commission. (h) No residential occupancy shall be permitted in any dwelling unit constructed as a part of a model home marketing complex until the Community Development Director or their designee and city engineer have certified that all the requirements of this Chapter which are applicable to the unit have been met and the building official has finally certified that all building code requirements have been met. (i) A fee as established by a resolution of the City Council is required for the application and review of the plot plans for a model home complex. Building permit and engineering fees required by other provisions of this Code shall be paid.
26-125 Outdoor Dining *NEW*
(a) Outdoor dining and seating areas may be permitted for approved restaurant or other similar uses subject to the following standards:
(1) New outdoor dining facilities shall be subject to an Administrative Permit as per Article VI Division 6 Administrative Permit.
(2) Minor Modifications of existing outdoor dining facilities shall be subject to the provisions of Article VI Division 7 Minor Modifications.
(3) Outdoor dining areas located on public walkways shall be limited to commercial areas within the plaza area and which provide meal service, specialty food service or full menu food services. (4) Outdoor dining areas located on City owned properties shall require a separate encroachment permit issued by the Engineering Division and/or a lease agreement with the City that includes indemnification of the City.
(5) Dining areas adjacent to storefronts shall not be permitted in areas where less than an eight (8) foot minimum sidewalk width exists, unless additional or lesser public walkway is approved by the Community Development Director or their designee. The dining area must permit at least four feet of unobstructed area of public walkway.
(6) The outdoor dining area shall be located in a manner which will not obstruct pedestrian or vehicular line of sight, interfere with vehicular or pedestrian mobility, or impede access to City or public utilities or facilities.
The determination of whether an outdoor dining area, or any part thereof, interferes shall be made by the Community Development Director or their designee at the time of application based on the characteristics of each proposed site.
(7) All Fire Department regulations and standards concerning exterior lighting and power must be met. These regulations and standards will be supplied at the time of application. (8) Any permanent supports for shade structures, such as solar sails shall obtain the appropriate building permit and Fire Department approval for use of the solar sails. For purposes of lot covered, solar sails shall not be considered towards lot coverage.
(9) The outdoor dining area shall only be located directly adjacent to the business that it serves. The outdoor dining area shall not encroach into the front of adjacent tenant spaces. (b) Operating requirements and restrictions.
(1) Tables and other outdoor dining components shall be located on the same site as the restaurant, within private property.
(2) Outdoor dining areas are limited to the serving and consumption of food and non-alcoholic beverages. An approval to serve alcoholic beverages within the outdoor dining shall comply with the standards established by the state Department of Alcohol Beverage Control and shall require a permit as specified in Article II Division 2.
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(3) Displaying merchandise within the outdoor dining area is prohibited. (4) Any proposed furnishings associated with the outdoor dining areas shall not obstruct or restrict the lines of sight of vehicles.
(5) Applicants requesting outdoor dining areas exceeding 25 percent of the restaurant’s gross floor area shall provide evidence of sufficient parking onsite or provide a parking study analyzing on-site parking impacts that is prepared by a licensed civil or traffic engineer. (6) Components associated with the outdoor dining areas shall be arranged in a manner that is compliance with all local, state, and federal laws, including but not limited to, the Americans with Disability Act. (7) Access to entrances and exits, fire hydrants and fire lanes shall not be obstructed. (8) The use of amplified music including live entertainment within outdoor dining areas shall require live entertainment approval pursuant to Article II, Division 2. (9) Lighting shall be incorporated into the façade of the building and shall complement the style of the building.
Lights on buildings shall not be glaring at pedestrian or vehicular traffic and should illuminate only the outdoor dining area.
(10) Heating sources are not permitted for outdoor areas when underneath an awning canopy or other temporary or permanent structure.
(i) Any temporary shade structures such as canopies, etc. shall obtain a Temporary Use Permit from the Planning Division.
(11) The outdoor dining area shall be kept in a good state of repair and maintained in a clean, safe, and sanitary condition at all times. Regular cleanup of trash and debris shall be the responsibility of the business owner. (12) If table service is not offered, then outdoor dining area must contain waste receptacles for use by the public and employees.
(13) All moveable furniture shall be stored indoors during hours of non-operation or shall be secured to the satisfaction of the City.
(c) Design standards.
(1) The outdoor dining area may be defined by placement of fencing or other suitable dividers as required or approved by the Community Development Director or their designee and shall be in keeping with the aesthetic and architectural character of the building.
(2) Outdoor dining areas and associated structural elements, awnings, covers, furniture, umbrellas, or other physical elements shall be compatible with the overall design of the main structures. (3) The outdoor dining area shall be defined by placement of portable but sturdy fencing or other suitable dividers such as planter boxes, as required or approved by the Community Development Director or their designee and shall be in be compatible with the business’s exterior aesthetic features. All fences and/or dividers shall be of durable material, fire safe, structurally sound, aesthetically pleasing, and compatible with adjoining improvements or structures.
(d) Any modification to public surfaces, such as borings for recessed sleeves or post holes must be approved in advance by the Community Development Director or their designee. A cash deposit or bond, posted in a form acceptable to the City Attorney’s office, in the amount of $1,000.00 and shall be posted by the permittee to ensure proper site restoration.
(e) Parking requirements for outdoor dining shall be consistent with the provisions of Article III Division 6. 26-126 Portable Self-Storage Containers [NEW - COMBINED AND CONSOLIDATED EX. STANDARDS IN RESIDENTIAL AND COMMERCIAL ZONES]
This section provides location, development, and operating requirements for portable self-storage containers.
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(a) Temporary placement on residential zoned properties developed with a residential use. Storage containers may be located on a lot developed with a single-family residence, duplex, or multi-family residential on a temporary basis, subject to the following standards:
(1) Short-term location. One (1) container may be located on a lot up to a total of fourteen (14) days in a calendar year without the approval of any permit.
(2) One (1) storage container may be located on a lot in conjunction with active construction with a valid Building and/or grading permit on the same lot. The storage container shall be removed from the site within ten (10) days of building permit final.
(3) Location. The temporary storage container shall be located no closer than 5 feet from the rear and side property lines. Location within the front setback shall be limited to no more than fourteen (14) days unless screened from the public right-of-way. The temporary storage container shall not impede access to the garage and/or carport. The temporary storage container shall not be located on the driveway if parking of at least two vehicles is not feasible.
(4) Size. Storage containers shall be no greater than twenty (20) feet in length, ten (10) feet in height, and ten (10) feet in width.
(b) Temporary placement on commercial properties. Temporary storage containers may be located on a commercial lot subject to the following standards:
(1) In conjunction with permitted active construction. Storage containers may be temporarily located on a commercial site for the storage of construction materials and/or store/retail inventory in conjunction with active construction with a building or grading permit.
(ii) The location of the temporary storage container shall be indicated on a site plan approved by the Planning and Engineering Divisions prior to its placement on site. (iii) The temporary storage container(s) shall be screened and secured with temporary construction fencing.
(iv) The temporary storage container(s) and temporary construction fencing shall be removed within 7 days after building permit final or the issuance of a temporary certificate of occupancy, whichever comes first.
(2) Size. Storage containers shall be no greater than twenty (20) feet in length, ten (10) feet in height, and ten (10) feet in width.
(c) Permanent placement. Permanent placement of storage containers is prohibited on vacant lots and lots developed with a single-family residence, multifamily residence and/or commercial use. (d) The temporary storage container shall be immediately removed at such time as the storage container becomes a nuisance or danger due to its conditions.
26-127 Recycling Facilities [EX. DIVISION 14 OF ARTICLE XII] The purpose of this Division is to address the critical statewide issue of diminishing landfill capacity. Consistent with the waste diversion goals and objectives adopted as part of the City’s source reduction and recycling element, this Division is intended to conserve, to the extent possible, remaining landfill capacities, by promoting an integrated waste management approach whereby each waste stream is handled in the most efficient and environmentally sound manner and providing the public with convenient recycling and/or disposal alternatives. This Division further seeks to guarantee the adequacy of the site for the proposed use and ensure the protection of the surrounding properties through review and consideration of physical design and compatibility with surrounding properties. (a) Permitted zones and required permit. No person or entity shall be permitted to place, construct, or operate a recycling facility, materials recovery facility, and/or a solid waste transfer station without first obtaining the required permit indicated in Article II, Division 2 of this Development Code. This permit is in addition to and is City of West Covina
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intended to supplement permits required by state law to protect local health, safety and welfare. Any business seeking a land use permit must obtain a business license. (b) Development standards. The following development standards, in addition to the requirements of the underlying zone, shall apply. In no case shall there be more than one (1) small collection facility, donation drop box, and/or reverse vending machine located and approved on the same site, shopping center, and/or lot.
Where the following code provisions conflict with other, the stricter requirements shall apply. (1) Small collection facility. Unless otherwise noted, the following requirements shall apply to all small collection facilities:
(i) The center shall be established in conjunction with an existing or planned commercial use, industrial use, or service facility (herein referred to as the “host use”) which is in compliance with the zoning, building and fire codes of the City of West Covina.
(ii) The center shall be no larger than five hundred (500) square feet, and the placement of a small collection facility shall not create a parking deficit. (iii) The center shall be set back at least fifty (50) feet from a right-of-way line, unless deemed adequately screened by the Community Development Director, or their designee, or Planning Commission and shall not obstruct pedestrian or vehicular circulation. (iv) No power-driven processing equipment except for reverse vending machines shall be employed. (v) Containers shall be constructed and maintained with durable waterproof, leakproof and rustproof material, covered and locked when the center is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate the materials collected and the collection schedule.
(vi) All recyclable material shall be stored in containers or in the mobile unit vehicle, and no materials shall be left outside of containers when the attendant is not present. (vii) The facility shall be maintained free of vermin, litter, and any other undesirable materials, and be swept at the end of each collection day and cleaned weekly. (viii)Noise levels shall not exceed sixty (60) dBA as measured at the property line of a residentially zoned or occupied site; otherwise, noise levels shall not exceed seventy (70) dBA. (ix) Attended facilities shall have a minimum distance of two hundred and fifty (250) feet of a site solely zoned for or occupied by a residential use. This minimum distance requirement does not need to be met if the facility is at least one hundred fifty (150) feet from a site zoned or occupied for residential use and is separated from that site by an arterial street. (x) Attended facilities shall operate only during the hours between 8:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends and holidays.
(xi) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the containers. (xii) The facility shall not impair the landscaping required for any concurrent use. (xiii)No additional parking spaces are required for customers of the recycling center when located in an established parking lot of the host use; one (1) space will be provided for the attendant, if needed. (xiv)Small collection facility shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
(xv) Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:
a) The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.
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b) A parking study shows that the existing parking capacity is not already fully utilized during the time the recycling facility is in operation.
c) If the permit expired without renewal, the recycling facility shall be removed from the site on the day following permit expiration.
d) A twelve-inch by twelve-inch sign which states the redemption value offered shall be posted daily. e) The small collection facility shall be screened when determined by the review authority to reduce visibility impacts from off-site and main traffic areas on-site. f) Small collection facilities shall only be located on a property with a market that is greater than twenty-five thousand (25,00020,000) square feet in floor area. (2) Donation drop boxes. Unless otherwise noted, the following requirements shall apply to all donation drop boxes:
(i) Donation drop boxes must be attended by employee(s) per the schedule approved and posted on the site.
(ii) Donation drop boxes shall be established in conjunction with an existing or planned commercial use, industrial use, or service facility (herein referred to as the “host use”) which is in compliance with the zoning, building, and fire codes of the City of West Covina. (iii) The drop box location shall be no larger than one thousand (1,000) square feet. (iv) The drop box shall be set back at least fifty (50) feet from a right-of-way line, unless deemed adequately screened by the Community Development Director or their designee or Planning Commission and shall not obstruct pedestrian or vehicular circulation. (v) Donation drop boxes shall be constructed and maintained with durable waterproof, leakproof and rustproof material, covered and locked when the center is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate the materials collected and the collection schedule.
(vi) All donated material shall be stored in the drop box and no materials shall be left outside of containers. (vii) The drop box shall be maintained free of vermin, litter, and any other undesirable materials, and be swept at the end of each collection day and cleaned weekly. (viii)Noise levels shall not exceed sixty (60) dBA as measured at the property line of a residentially zoned or occupied site; otherwise, noise levels shall not exceed seventy (70) dBA. (ix) Donation drop boxes shall have a minimum distance of two hundred and fifty (250) feet of a site solely zoned for or occupied by a residential use.
(x) Donation drop boxes shall operate only during the hours between 8:00 a.m. and 9:00 p.m. (xi) An approved donation drop box shall be open and attended at least six (6) days of the week. If the donation drop box is open only six (6) days in a week, an attendant shall patrol the donation drop box on any day that the donation drop box is not open to clean up any discarded items within the site. (xii) Donation drop boxes shall be open at least six (6) hours a day on weekdays and four (4) hours a day on weekends.
(xiii)Donation drop boxes shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the containers.
(xiv)The facility shall not impair the landscaping required for any concurrent use. (xv) No additional parking spaces are required for customers of the donation drop box when located in an established parking lot of the host use; one (1) space will be provided for the attendant, if needed.
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(xvi)Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use. (xvii) Graffiti-resistant coatings shall be used on approved donation drop boxes to assist in deterring graffiti.
(xviii) If the permit expires, the donation drop box shall be removed by the owner of the donation drop box from the site on the day following permit expiration or when the business ceases. The provisions of the California Welfare and Institutions Code, section 150 et seq. are incorporated by reference here. (xix)This section does not apply to religious facilities or non-profit businesses which place and operate their own donation boxes on the property at which they operate. (3) Reverse vending machines.
(i) Provide and maintain a minimum illumination level of two-foot candles within a minimum twentyfive-foot radius around the reverse vending machines from dusk to dawn. (ii) Provide an eight-foot wide unobstructed clear walkway area in front of the reverse vending machines.
Consideration may be given to alternative solutions such as recessing the machines into the building frontage of the adjacent lease space.
(iii) The placement of the reverse vending machines shall not obstruct any portion of a storefront window or door and shall be placed immediately in front of or inserted into, the facade of the building. (iv) Where practicable, the reverse vending machines shall be placed in a location away from the most heavily traveled pedestrian areas within the vicinity of the store being served and in compliance with the other provisions of the WCMC.
(v) The machines shall be located within thirty (30) feet of a primary entrance to the commercial structure, and shall not obstruct pedestrian, handicapped or vehicular circulation. If a more suitable location presents itself because of the layout and/or architecture of the development, the Community Development Director or their designee may approve a variation to the location. (vi) The machines shall not occupy parking spaces required by the primary use(s). (vii) The machines shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall not be more than eight (8) feet in height. (viii)The machines(s) shall be constructed and maintained with durable waterproof material. (ix) Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operation instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
(x) The machines shall be maintained in a clean, vermin free, and litter free condition daily. This shall include the cleaning of the machines and the surrounding walkways to reduce the discoloration, stickiness, and likelihood for attracting vermin. A cleaning schedule shall be submitted for approval via a Community Development Director or their designee’s modification to the approved precise plan for the site. Said cleaning schedule shall identify the tasks to be undertaken, and the frequency of those tasks.
(xi) Operating hours shall be at least the operating hours of the primary host use. (xii) A twelve-inch by twelve-inch sign which states the redemption value offered shall be posted prominently on or adjacent to the machines.
(xiii)Reverse vending machines do not require additional parking spaces for recycling customers. (4) Material recycling facilities and solid waste transfer or processing stations. These requirements are minimum land use requirements which supplement the requirements of state law permits. Additional requirements may be required through the Conditional Use Permit process. (i) Site location criteria:
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a) Said facilities shall not substantially increase vehicular traffic, noxious odors, or existing noise levels in adjacent residential areas on local residential streets or shall be mitigated. b) Said facilities shall not substantially lessen the usability and suitability of adjacent or nearby properties for their existing use.
c) The site shall be served by an improved arterial street adequate in width and pavement type to carry the quantity and type of traffic generated by said use without significantly lowering the existing level of service of that arterial.
d) The site shall be adequate in size and shape to accommodate said use, and to accommodate all yards, walls, vehicular stacking, parking, landscaping, and other required improvements. (ii) Site development standards.
a) All buildings, structures or improvements shall meet the setback requirements of the underlying zone. Setbacks may be used only for the following purposes: passage or temporary standing of automobiles, landscape areas or light poles.
b) All waste unloading, loading, and processing equipment and activities shall be contained within an enclosed building with only sufficient openings for ingress/egress of vehicles and ventilation. c) Sufficient off-street parking shall be provided to accommodate all company, employee, and visitor vehicles on-site.
d) On-site truck stacking and maneuvering area shall be provided as necessary to accommodate the anticipated vehicular usage of the facility, depending on the size and nature of the facility. No truck stacking and maneuvering area shall be permitted within the required front and street side yard setback and shall be completely screened by solid masonry walls not less than six (6) feet in height with appropriate landscaping and irrigation.
e) Any leachate and other liquid flow that may result shall be contained on-site and disposed of through an on-site treatment and/or sewer system to a regular or industrial sewer. Such leachate must also be handled pursuant to the requirements of the integrated waste management board, regional water quality control board, and Los Angeles County Department of Health. f) Average noise levels shall not exceed seventy (70) dBA as measured at the property line of the facility in cases where any abutting nonresidential zoned property is impacted, and sixty (60) dBA as measured at the property line of the facility in cases where any abutting residentially zoned property is impacted.
g) Adequate safety features (e.g., sprinkler systems, alarm systems, materials screening program, emergency procedures) shall at a minimum be incorporated into the design of the facility. h) Adequate dust, odor and noise controls shall be incorporated into the facility to minimize generation and off-site transmission of dust, odor, and noise. i) All materials stored outside shall either be in processed bales or kept within storage bins constructed and maintained with durable waterproof, leakproof and rustproof material, covered and locked when the center is not attended, secured from unauthorized entry and removal of material, and of a capacity sufficient to accommodate the materials collected and the collection schedule.
j) All lighting shall be focused and directed and so arranged as to prevent glare or direct illumination on streets or adjoining property.
k) The lighting system shall be so designed to produce a minimum maintained average lighting level of one (1) footcandle on the entire facility’s horizontal surface. l) If the MRF/transfer station facility is located within five hundred (500) feet of property occupied by residential use, operating hours of operation shall at a minimum be restricted to between 6:00 a.m. and 8:00 p.m., and the average noise levels during this time shall be in accordance with subsection (c)(2)f. above, except for indoor activities such as, but not limited to, dispatching of City of West Covina
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vehicles and administration. Said hours may be extended for some or all activities when appropriate mitigation measures and acceptable noise performance standards during these extended operating hours, as determined by the Planning Commission or Community Development Director, or their designee, are in place.
m) All open areas, other than landscaped planter beds, shall be paved with not less than two and one-half (2½) inches of asphaltic concrete or an equivalent surface meeting the established standards and specifications of the engineering department, shall be graded and drained to adequately dispose of all surface water and shall be maintained in good repair at all times. n) No operating portion of the site shall be visible from public view. This requirement may at a minimum be satisfied by a solid masonry wall not less than six (6) feet in height, landscaping, existing topographic conditions, or a combination thereof. o) A minimum of twenty-foot (20’-0”) wide planters shall be provided along all street frontages except for driveway openings.
p) A daily cleaning program for floors, equipment and facility buildings and grounds and ongoing maintenance program shall be established to the approval of the West Covina Enforcement Waste Management Agency.
q) Refuse shall be handled as quickly as possible to avoid long term exposure on-site. r) All incoming or outgoing trucks shall be completely enclosed or equipped with an impermeable tight-fitting cover to suppress odors and prevent spillage of materials. s) No waste, trash except for separated recyclables, shall be stored at the facility overnight for longer than twenty-four (24) hours, unless the facility is properly permitted to do so. t) Additional noise controls including use of the best available noise suppression and control technology shall be used if necessary to achieve the established noise control performance standards.
u) The facility operator shall prepare and implement a noise monitoring and abatement program, which shall be approved by the City Enforcement Waste Management Agency. The program shall monitor noise levels at the property line of at a minimum of three (3) sensitive receptor locations within the potential impact zone of the project. If noise levels at these locations exceed performance standards the operator shall notify the City within twenty-four (24) hours and institute additional noise reduction measures to bring noise emanating from the facility into compliance with the standards within thirty (30) days or otherwise seek City approval for a time extension. Data from all noise monitoring activities are to be recorded and made available for review by the City upon request.
v) The facility shall comply with Rule 402 of the South Coast Air Quality Management District. w) Upon detection, extremely odorous loads entering the MRF shall be transferred as soon as possible.
x) When necessary, the MRF operator shall treat waste in the MRF with odor suppressants to comply with the baseline odor standards. A certified industrial hygienist shall establish baseline indoor odor standards and perform quarterly inspections to monitor odor levels. y) Additional odor controls, including the base available odor suppression technology, shall be used if necessary to minimize the release of fugitive odors. z) The facility operator shall prepare and implement an odor monitoring and abatement program, which shall be approved by the West Covina Enforcement Waste Management Agency. The program shall ensure that odor levels within the facility are kept within the baseline odor standards and that odors emanating from the facility shall not exceed the odor detection thresholds at the facility’s boundary line. The program shall use the services of a certified industrial hygienist to monitor odor levels on a quarterly basis, both within the facility and at a minimum of three (3) sensitive receptor locations within the potential impact zone of the project.
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If odor levels at these monitoring locations exceed the odor detection thresholds, the operator shall notify the City within twenty-four (24) hours and institute additional odor reduction measures to meet the specified odor performance standards. The facility operator shall bring the odor level into compliance with the baseline odor standards within thirty (30) days or shall otherwise request an extension of time from the City in order to reach compliance. Data from all odor monitoring activities are to be recorded and made available for review by the City upon request.
(iii) Load inspection program. All material recovery facilities, solid waste transfer stations or other solid waste management facilities will be required to institute a load inspection program (LIP) as part of their daily operations. The requirements for the LIP are as follows: The facility operator shall prepare and implement a program for screening loads at the facility gate house, and for checking loads at the facility building(s) and areas of operation. The load inspection program shall include inspection for hazardous wastes and other ineligible wastes and shall include procedures for their handling and disposal. Specifics of the program will be submitted to the City in a written report for their review and comment. The program shall be approved by the West Covina Enforcement Waste Management Agency.
(c) Signage. Reverse vending machines shall have a sign area of a maximum of two (2) square feet per machine, exclusive of operating instructions.
(1) Recycling centers may have signage provided as follows:
(i) Identification signs with a maximum of sixteen (16) square feet. (ii) The signs must be consistent with the architectural style and character of the host use. (iii) Directional signs, bearing no advertising message, may be installed on the site with the approval of the Community Development Director or their designee, if deemed to be necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way. (2) Materials recovery facilities and solid waste transfer or processing stations shall have signs as provided for the zone in which they are located.
26-128 Restaurants, Limited-Service, Take-Out, Delivery-Only only *NEW* The purpose of this Section is to ensure that Limited-Service, Take-Out, Delivery Only restaurants do not result in adverse impacts on adjacent properties and residents or on surrounding neighborhoods by reason of customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area.
Limited-Service, Take-Out, and Delivery-Only restaurants shall be located, developed, and operated consistent with the following standards.
(d) Applicability. The provisions of this Section shall apply to all new Limited-Service and Take-Out Only Restaurants, and to any existing such restaurant that is expanded by more than 10 percent of the gross floor area or increase of more than 25 percent of the number of seats.
(e) Litter. Employees shall collect on-site and off-site litter including food wrappers, containers, and packaging from restaurant products generated by customers on the subject property and abutting public parking at least once per business day. On-site trash and recycling containers shall be maintained and kept from overflowing. (f) In addition to meeting the standards of Chapter 12- Garbage and Rubbish Collection, one on-site outdoor trash and one recycling receptacle shall be provided for each entrance to the establishment. (g) Equipment. No noise-generating compressors or other such equipment shall be placed on or near the property line adjoining any Residential District or any property used for residential uses.
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26-129 Service Stations [EX. DIVISION 4 OF ARTICLE XII] The purpose of service stations is to supply motor fuel to motor vehicles. Additionally, specified accessory services and sales may be provided in conjunction with service stations, either as an extension of the service station or as a separate multi-tenant use. Only service stations shall sell gasoline from a pump to the general public. (a) Development Standards.
(1) Zoning. Service stations may be established and operated only in the zones specified in Table 2-12 in Article II Division 2 of this Chapter.
(2) A Conditional Use Permit shall be obtained prior to establishing a service station as specified in Article VI, Division 4 of this Chapter.
(3) The development standards of the zone in which the service station is to be located shall applied, unless otherwise permitted or prohibited by this section.
(4) Materials, goods or commodities offered for sale, rent or storage upon the premises of service stations shall be located on the gasoline pump island or islands or within a structure enclosed on at least two (2) sides which shall be visible only from adjacent abutting streets and located a minimum of fifteen (15) feet from any street-side property line.
(5) The minimum site size required for service stations is fifteen thousand (15,000) square feet. (b) Permitted incidental uses:
(1) In additional to the sale of motor fuel, a service station may offer and consist of the following sales, services, and facilities:
(i) Motor oil;
(ii) Lubrication including grease rack or elevator;
(iii) Minor tire service;
(iv) Minor battery service;
(v) Minor motor tune-up;
(vi) Head lamp adjusting;
(vii) Brake adjustment and repair;
(viii)Sale of automotive accessories ;
(ix) Car washes, hand and/or automatic;
(x) Rental of trailers, trucks, and other such vehicles, limited to twenty-five (25) percent of the site area, shall not interfere with the required parking or access and shall be located a minimum of fifteen (15) feet from any street-side property line;
(xi) The sale of nonalcoholic drinks, packaged food, tobacco and similar convenience goods, but only as an accessory or incidental use, enclosed within the main building. (xii) Vending machines subject to the condition of paragraph (xi). (xiii)Fast-food restaurants and other similar food service establishments offering quick food service from a limited menu of items generally served in ready-to-consume individual portions often in disposable wrappings or containers for consumption either within the restaurant or for carry-out. (c) Car washes.
(1) Car washes established in conjunction with service stations shall be subject to the following minimum standards and conditions, which may be made more restrictive as necessary through the Conditional Use Permit process.
(i) Noise levels shall not exceed 70db(A) at the property line. If the property line is adjacent to residential property, the noise level shall not exceed 65db(A).
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(ii) The wash and dry mechanism shall be contained entirely within a building. (iii) A water recovery system shall be installed and in operation at all times. (iv) All wash fluids used shall be biodegradable and environmentally safe. (v) The car wash shall in no way interfere with the primary function of motor fuel distribution, automobile access, or traffic circulation.
(vi) Accessory items normally associated with a car wash, such as vacuums, may be permitted provided they meet the above-specified criteria.
(vii) Hours of operation may be limited through the Conditional Use Permit process. (d) Prohibitions.
(1) A service station shall not be established or maintained without facilities to pump gasoline. (2) Garage, mechanical repair service not specifically mentioned in section 26-129 (b), including but not limited to the following items are prohibited:
(i) Battery repair.
(ii) Tire rebuilding or recapping.
(iii) Painting.
(iv) Body work.
(v) Steam cleaning or radiator repair.
(vi) Transmission rebuilding.
(vii) Motor repairs involving the removal of the head or crank case. (3) Subleasing of floor space or site area except for any use specifically authorized by section 26-129 (b), subparagraphs (i) through (ix), (xi) and (xiii).
26-130 Skilled nursing facilities, assisted living facilities, dialysis facilities and other similar facilities *NEW* (a) Skilled nursing facilities assisted living facilities, dialysis facilities and other similar facilities may be established and operated only in the zones and permit required as specified in Table 2-2 and Table 2-12 in Article II of this Chapter. The uses listed shall provide the following information along with the required permit application:
(1) Provide information regarding the ambulance services that are to be provided. This includes the number of expected trips per day, the ambulance company that will service the site, etc. (2) Provide a fiscal analysis.
26-131 Single Room Occupancy Structure (SRO) *NEW*
The purpose of this Division is to assist in providing housing for persons of all income levels, consistent with the public health and safety and good planning practices. The specific purpose of this Chapter is to provide access to clean, comfortable, and safe living conditions for residents. A related purpose is to facilitate new construction of efficiency dwelling units, or the structural conversion of transient occupancy uses into single-room occupancy projects, as appropriate, and to require that efficiency units be consistently maintained in accordance with applicable standards so as not to create a public nuisance. (a) Efficiency unit standards. Efficiency residential units, also known as single room occupancy (“SRO”), shall be subject to and comply with the following standards and regulations. (1) Unit size. Units shall have a minimum size of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet.
(2) Occupancy. Each unit shall accommodate a maximum of two (2) persons.
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(3) Lighting. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Parking Lot Design and Lighting Standards (Planning Commission Resolution No. 2513)
(4) Laundry facilities. Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units of fractional number thereof, with at least one (1) washer and dryer per floor.
(5) Cleaning supply room. A cleaning supply room or utility closet with a wash tub and with hot and cold running water shall be provided on each floor of the SRO facility. (6) Bathroom. Each unit is required to provide a separate bathroom containing a water closet, lavatory and bathtub or shower.
(7) Kitchen. Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than thirty (30) inches. (8) Closet. Each SRO unit shall have a separate closet. (9) Trash Enclosure: An SRO building shall provide a trash enclosure in compliance with the minimum requirements and standards in Section 26-81 of this code. (10) Code compliance. SRO units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
(11) Separation. An efficiency unit project shall not be located within three hundred (300) feet of any other efficiency unit project, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.
(12) Facilities management. An efficiency units project with ten (10) or more units shall provide on-site management. An efficiency units project with less than ten (10) units may provide a management office on-site.
(13) Tenancy. Tenancy of efficiency units shall not be less than thirty (30) days. (14) Review process. Applications for efficiency unit projects shall be processed in a manner consistent with procedures for a multiple-family residential project per Article VI. 26-132 Kiosk *NEW*
The purpose of this section is to provide standards and regulations for stand-alone kiosks such as water fill stations, key duplication kiosks, or other similar uses that may be an accessory use to another commercial use or as a standalone use.
(a) Permitted zones and required permit. No person or entity shall be permitted to place, construct, or operate an unattended or attended stand-alone kiosk without first obtaining the required permit indicated in Article II Division 2 of this Development Code.
(1) An unattended kiosk and/or machines for water refills shall only be permitted in conjunction with a larger retail use and must be located within the commercial building or along the outside wall of the building and shall meet the following development standards:
(i) Graffiti-resistant coatings shall be used on approved machines to assist in deterring graffiti. (ii) Provide and maintain a minimum illumination level of two-foot candles within a minimum twentyfive-foot radius around the machines from dusk to dawn. (iii) Provide an eight-foot (8’-0”) wide unobstructed clear walkway area in front of the kiosk. Consideration may be given to alternative solutions such as recessing the kiosk into the building frontage of the adjacent lease space.
(iv) The placement of the kiosk shall not obstruct any portion of a storefront window or door and shall be placed immediately in front of or inserted into, the front facade of the building.
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(v) Where practicable, the kiosk shall be placed in a location away from the most heavily traveled pedestrian areas within the vicinity of the store being served and in compliance with the other provisions of the WCMC.
(vi) The kiosk shall be located within thirty (30) feet of a primary entrance to the commercial structure, and shall not obstruct pedestrian, handicapped or vehicular circulation. If a more suitable location presents itself because of the layout and/or architecture of the development, the Community Development Director or their designee may approve a variation to the location. (vii) The kiosk shall not occupy parking spaces required by the primary use(s). (viii)The kiosk shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall not be more than eight (8) feet in height. (2) The following requirements shall apply to stand-alone kiosks with an attendant:
(i) The kiosk shall be established in conjunction with an existing or planned commercial use, or service facility (herein referred to as the “host use”).
(ii) The kiosk shall be no larger than five hundred (500) square feet, and the placement of the kiosk will not create a parking deficit.
(iii) The kiosk shall be set back at least fifty (50) feet from a right-of-way line, unless deemed adequately screened by the Community Development Director, or their designee, or Planning Commission and shall not obstruct pedestrian or vehicular circulation. (iv) Kiosks shall be constructed and maintained with durable waterproof, leakproof and rustproof material, covered and locked when the kiosk is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate the kiosk services. (v) All materials shall be stored within the kiosk/structure, and no materials shall be left outside of the kiosk.
(vi) The kiosk shall be maintained free of vermin, litter, and any other undesirable materials. (vii) Noise levels shall comply with the noise standards in Chapter 15 Article IV. (viii)Attended kiosks shall have a minimum distance of two hundred and fifty (250) feet of a site solely zoned for or occupied by a residential use. This minimum distance requirement does not need to be met if the facility is at least one hundred fifty (150) feet from a site zoned or occupied for residential use and is separated from that site by an arterial street. (ix) Attended kiosks shall operate only during the hours between 8:00 a.m. and 10:00 p.m. (x) The facility shall not impair the landscaping required for any concurrent use. (xi) No additional parking spaces are required for customers of the kiosk when located in an established parking lot of the host use; one (1) space will be provided for the attendant, if needed. 26-133 Transitional and Supportive Housing *NEW*
These provisions are intended to allow transitional and supportive housing, as defined in Government Code Section 65582, consistent with State law to ensure equality of treatment for all residential uses regardless of the occupant.
Transitional housing is generally described as a type of supportive housing used to facilitate the movement of people experiencing homelessness into permanent housing and independent living. Supportive housing is generally described as permanent housing linked to a range of support services designed to enable residents to maintain stable housing and lead fuller lives.
(a) Permitted Zones.
(1) Transitional and supportive housing shall be permitted in any zoning designation in which residential uses are allowed, and subject only to the regulations, permits, parking requirements, and development standards applicable to residential uses of the same type in that zone as specified in Article II Division 2.
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(2) Supportive housing shall be permitted in any zone where multifamily and mixed uses are permitted if the proposed housing development satisfies all the requirements of California Government Code Section 65651(a).
(3) If the supportive housing development is located within one-half mile of a major transit stop, no parking spaces are required for the units occupied by supportive housing residents per Government Code Section 65654.
(b) Standards for Transitional and Supportive Housing. Supportive and Transitional Housing shall comply with the same development standards that apply to other residential dwellings of the same type in the same zoning designation, and with the following standards:
(1) Length of occupant stay: No limit of the length of stay. (2) Supportive and transitional housing shall include adequate living space, shower and toilet facilities, laundry facilities with washer and dryer appliances, and secure areas for storage for residents. (3) If the supportive housing facility is located within one-half mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents pursuant to California Government Code Section 656554.
(4) Supportive and Transitional housing services include but are not limited to, a combination of subsidized, permanent housing, case management, medical and mental health services, substance abuse treatment, employment, and benefits services. At minimum a Supportive and Transitional Housing facility shall provide the following services:
(i) For facilities including drug or alcohol abuse counseling, appropriate State and/or Federal licensing shall be required.
(ii) The program shall identify a transportation system to provide clients with a reasonable level of mobility to access social services including housing and employment opportunities. (iii) The program shall provide clear and acceptable arrangement for residents of the facility, including onsite meal preparations or food provisions. (iv) The supportive and transitional housing program shall provide childcare services and ensure that school-age children staying at the facility are enrolled in school. 26-134 Standards for Special Group Residences and Similar Uses *NEW* The following conditions shall apply to special group residences including but not limited to, board and care, convalescent home, half-way house, boardinghouses and communal housing; (a) Density. In a residential zone, special group housing shall be limited to the density allowed by the underlying zone district. In congregate care facilities, each bedroom with one (1) or two (2) beds shall count as a unit when calculating density. In bedrooms with more than two (2) beds, each bed shall count as a unit. This shall be the maximum permitted density. The Planning Commission may require a lower density as the situation requires.
In a nonresidential zone, density shall be limited to one (1) unit per two hundred (200) square feet of lot area; (b) Location. When within a residential district, no other similar facility may be in operation within one-half mile of the proposed project site. If the use is a fraternity or sorority, the use shall be sufficiently located from other residential uses so as not to potentially disturb the surrounding neighborhood; (c) Concerns. Consideration of the conditional use permit shall address crime rate, concentration of similar uses, and the style and scale of the proposed building in relation to other buildings in the immediate vicinity; (d) Continuation of use. The applicant shall provide sufficient evidence that the use will remain as the use applied for through a deed restriction or other method suitable to the Planning Commission; (e) Open Space. Each facility shall provide not less than three hundred (300) square feet of common open space and one hundred fifty (150) square feet of usable open space per unit or room. Of the one hundred fifty (150) City of West Covina
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square feet, not less than fifty (50) square feet shall be private open space, and the remainder may be common open space added to the required three hundred (300) square feet of common open space; (f) Proximity to public transit. The facility shall be located within one thousand feet (1,000’) by legal pedestrian route to a public transit stop; and
(g) Parking requirements. Parking and loading shall be as required by Article III, Division 6 of this Development Code.
26-135 Hotel and Motel Conversions for Affordable Housing. *NEW* The purpose of this section is to establish a set of regulations and standards for the conversion of hotels and motels to and maintaining compatibility of such uses with surrounding properties. (a) Development standards for the conversion of hotels and motels to apartments (1) Any hotel or motel to be converted shall have been established and in operation as a hotel and/or motel for a minimum of ten (10) years.
(2) All hotel or motel conversions shall convert all hotel and/or motel rooms to apartments. (3) Except as otherwise allowed in this section, any converted hotel and/or motel shall provide dwelling units exclusively for lower income households, as defined in Section 50079.5 of the California Health and Safety Code.
(4) Each unit shall meet the standards for decent, safe and sanitary dwelling units, as defined by Section 50099.5 of the California Health and Safety Code and other applicable regulations and shall include the following:
(5) A kitchen that includes a sink, garbage disposal, refrigerator, stove and oven, and a countertop; (6) A separate bathroom that includes a sink, toilet and a shower; and (7) A closet providing storage space.
(8) Each converted hotel and/or motel shall have a minimum of 499 square feet plus an additional 10 square feet for each unit over thirty (30) units of common usable open space as defined in 26-32, except that if the hotel and/or motel to be converted is to be rented out exclusively to senior citizens, no less than forty (40) percent of this common open space shall be indoors. The common recreation area may be provided in multiple locations, but no single open space area shall be less than 200 square feet. (9) Any hotel and/or motel to be converted shall have a common laundry facility, including washers, and dryers accessible and available to the residents, except if such facilities are provided within each unit. (10) Any hotel and/or motel to be converted shall maintain the parking and landscaping required at the time of the original construction and any modifications shall be permitted by the City. (11) One parking stall shall be provided per unit and the stall shall be registered to the resident of that unit. (12) Any hotel and/or motel to be converted shall conform to any required building, electrical, mechanical, plumbing, and other construction codes administered by the City at the time of the application for the conversion.
(13) Each bedroom shall not be occupied by more than two (2) persons. (14) The use shall operate with an on-site manager who shall be available to resolve standard residential issues (e.g., broken equipment, noise complaints) and maintain order within the facility. 26-136 Wireless Telecommunications within all Land Uses [EX. DIVISION 16 OF ARTICLE XII] (a) This Division sets forth a uniform and comprehensive set of development standards for the placement, design, installation and maintenance of wireless telecommunication facilities within all land-use zones of the City. The purpose of these regulations is to ensure that all wireless telecommunication facilities are consistent with the City of West Covina
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health, safety, and aesthetic objectives of the City, while not unduly restricting the development of needed telecommunications facilities.
(b) Applicability. Unless otherwise exempt by this Division, the regulations set forth herein shall apply to wireless telecommunication facilities within the City.
(c) Exemptions. The regulations of this Division do not apply to the following:
(1) Single ground-mounted, building- mounted, or roof-mounted receive- only AM/FM radio or television antennas, DBS dish antennas, amateur and/or citizens band radio antennas, for the sole use of the occupant of the parcel on which the antenna is located. (2) Wireless telecommunications facilities owned and operated by the City or other public agency when used for emergency response services, public utilities, operations, and maintenance. (3) This exemption does not apply to free-standing or roof-mounted satellite dish antennas greater than twenty-one (21) inches in diameter.
(4) Wireless telecommunication facilities located in the public right-of-way, which are regulated under Chapter 19 (Streets, Sidewalks, and Public Places), Article X.
(d) Prohibited wireless telecommunication facilities in residential zones. (1) Antennas with a solid or wire-mesh surface with a diameter or maximum width greater than twelve (12) feet are prohibited in residential zones.
(2) No wireless telecommunication facilities are permitted within residential zones except for the following:
(i) Wireless telecommunication facilities listed under Section 26-136(c)(1) and (2). (ii) Wireless telecommunication facilities located in residential zones that are developed with permitted nonresidential uses.
(iii) Wireless telecommunication facilities consisting of roof-mounted antennas located on multiple-family residential buildings.
(e) Administrative Permit required.
(1) The following types of wireless telecommunications facilities shall be permitted subject to approval of an Administrative Permit pursuant to Article VI, Division 6 of this Chapter:
(i) New building-and roof-mounted antenna facilities.
(ii) Other forms of wireless telecommunication facilities not specifically addressed within this Division which are designed to integrate with a supporting building and pose minimal visual impacts similar to building and roof-mounted antenna facilities, as determined by the Community Development Director or their designee.
(2) Review by Planning Commission. The Community Development Director or their designee may elect to not rule on a request for an Administrative Permit and transfer the matter to the Planning Commission, to be heard within thirty (30) days from the date this election by the Community Development Director or their designee is provided in writing to the applicant.
(f) Conditional Use Permit required. Wireless telecommunication facilities consisting of free-standing wireless facilities shall be permitted subject to approval of a Conditional Use Permit pursuant to Article VI, Division 4 of this Chapter.
(g) Minor modification permitted per the process identified within Article VI, Division 7 of this Chapter. (1) Additions or modifications to existing wireless telecommunication facilities which meet all the following criteria shall be permitted subject to approval by the Community Development Director or their designee pursuant to section 26-238:
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(i) The overall height of the free-standing wireless facility is not increased by more than 10%, or more than 10 feet, whichever is greater per Title 47 of the Code of Federal Regulations. Changes in height shall be measured from the original support structure, tower, or base station, inclusive of originally approved appurtenances.
(ii) No ancillary features are added to the monopole other than the antennas, required safety equipment, and accessory equipment enclosures.
(iii) All conditions of approval for the previous facility have been met. (iv) No required parking stalls are eliminated in conjunction with the placement of the additional accessory equipment.
(v) The addition or modification is designed to minimize visual impacts. (vi) The wireless facility has been well maintained and does not consist of damaged flags, dead trees/landscape, discolored elements, peeling paint, graffiti, broken/missing faux branches/fronds, etc.
(2) Additions or modifications to existing wireless telecommunication facilities which do not meet all the above criteria shall be permitted subject to the approval of a Conditional Use Permit pursuant to Article VI, Division 4 of this Chapter.
(h) Conditional Use Permit required. Wireless telecommunication facilities located on City owned property shall be permitted subject to approval of a Conditional Use Permit pursuant to Article VI, Division 4 of this Chapter provided that development standards listed under 26-136(i) are complied with. (i) Development standards. All wireless telecommunication facilities regulated under this Division shall comply with the following development standards:
(1) Site Selection. City-owned properties shall be considered before privately-owned properties where wireless telecommunication facilities are permitted.
(2) Location on property.
(i) Free-standing wireless facilities or roof-mounted satellite dishes greater than twenty-one (21) inches in diameter and located in residential zones.
a) No free-standing wireless facilities shall be permitted in the required side yard or front yard. b) No free-standing wireless facilities shall be permitted within five (5) feet of the rear property line. c) No antennas consisting of a solid or wire-mesh surface shall be permitted on the roof. (ii) Nonresidential zones and Nonresidential uses (including wireless telecommunication facilities located in residential zones which are developed with permitted nonresidential uses). a) No free-standing wireless facilities shall be permitted in the required front or streetside yards of the underlying zone.
b) No free-standing wireless facilities shall be permitted within onefive hundred (100500) feet of surrounding single-family residences or one hundred (100) feet of surrounding multi-family residencesresidential zones (MF). This distance shall be determined by measuring from the freestanding wireless facility to the nearest property line of the single- or multi-family residence. c) No free-standing wireless facilities shall be permitted in a required parking space or driveway. d) Free-standing wireless facilities shall be located to the extent feasible to the rear of all existing buildings on the property.
(3) Height restrictions.
a) No free-standing wireless facilities shall exceed sixty (60) feet in height measured from the average finished grade of the subject site, except as otherwise approved under Section k. b) No roof-mounted antennas shall exceed twenty (20) feet above the peak of the roof (excluding the height of mechanical penthouses and parapets).
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c) In addition to the maximum height limits stated above, free-standing wireless facilities shall be designed at the minimum functional height as demonstrated by RF coverage maps or other alternative acceptable to the community development director. 1) In the event that the City needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be required to determine the engineering or screening requirements of establishing a specific wireless telecommunication facility. This service will be provided at the applicant’s expense. (4) Noise. No portion of a wireless telecommunications facility, including, but not limited to, emergency generators, shall violate the City’s noise ordinance at any time. (j) Design Standards. All wireless telecommunication facilities regulated under this section shall comply with the following design standards:
(1) Setbacks for wireless telecommunications facilities shall be determined in each individual case with the minimum setbacks adhering to those required by the zone. (2) No part of any antenna, telecommunication facility, or support structure shall be in any required front, side or rear setback area, unless it’s determined by the approving body that using a setback area is required in achieving the best design.
(3) Telecommunication facilities and antennas shall not be located within 1,500 feet of a property with an existing facility or antenna (measured from property line to property line), unless the proposed facility will be co-located and designed to be fully screened or camouflaged. This shall not be interpreted to include receive only antennas installed for individual residences. (4) Monopoles and alternative antenna support structures shall be located a minimum of one-half mile (1/2) from other monopole or alternative support structure.
(5) All facilities, antennas and associated structures shall be architecturally designed, located, screened, concealed, or disguised to the extent reasonably necessary to achieve compatibility with adjacent or nearby structures, neighborhoods, and streetscapes. Alternative antenna support structures (e.g., manmade trees) shall be used in lieu of monopoles where there would otherwise be a substantial negative visibility impact.
(6) At least two 36-inch box size trees shall be planted with the construction of any mono-tree. The trees shall be of the same species as the proposed mono-tree.
(i) This requirement may be waived by the Planning Commission or City Council if there are at least two mature trees within 40 feet from the proposed mono-tree (measured from center of tree and center of mono-tree), depending on the maturity and species of the neighboring trees. (7) Free-standing wireless facilities designed as faux trees shall bear a realistic resemblance to the type of tree that it is designed after to the greatest extent possible with emphasis on features including branches, fronds, leaves, needles, bulb diameter, trunk shape, trunk color, and trunk diameter. All antennas shall have “sock covers” installed over each antenna to simulate tree branches, leaves, needles, or similar elements for additional stealthing.
(8) All facilities, towers, antennas and associated structures shall have a matte finish to prevent glares and painted to blend into the surrounding background.
(9) Satellite dishes, other than microwave dishes, shall be of mesh construction, except where technical evidence shows that this is infeasible.
(10) Ground level support facilities shall be no taller than 17 feet in height and shall be designed to look like a building or facility typically found in the area. Said facilities shall be located below grade wherever aesthetically desirable.
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(11) Security fences shall not be less than six feet in height. Chain-link may be used in those areas where accessory support facilities are not easily visible from the public view, as determined by the community development director.
(12) All satellite dishes greater than one meter in diameter and located in residential zones shall be screened to the extent necessary to achieve concealment when viewed from ground level from any adjacent public rights-of-way, parks, schools, or residentially zoned properties. Such screening may include perimeter fence/wall, landscaping, or a combination thereof, and must achieve its screening effect within sixty (60) days of installation. Roof mounted facilities may incorporate features of the existing roof such as a parapet or the slope of a pitched roof and/or landscaping or fencing which is compatible with the design and material of the existing development of the subject site. (13) Backup generators shall only be used during power outages and for testing and maintenance purposes.
Noise attenuation measured shall be incorporated to reduce noise levels to an exterior level of a maximum sixty (60) dBA at the property line when adjacent to a residential use and a maximum forty-five (45) dBA in other zones. Testing and maintenance shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m.
(14) All areas disturbed during the construction, other than required road or parking areas, shall be replanted as it existed prior to construction or with plants and/or vegetation compatible with surrounding area. New vegetation shall be irrigated unless native plantings are used. Native plantings shall include temporary irrigation (for a minimum period of six months) to ensure proper establishment of the vegetation. (15) All telecommunication facilities shall be unlit except for:
(i) Manually operated motion sensor light(s) above the access doors, which shall be kept off unless person(s) are present;
(ii) The minimum identification tower lighting that is required under FAA regulations; or (iii) Essential lighting that is necessary for safety and security purposes. Where essential lighting is required, it shall be shielded or directed downward or away from adjacent properties. (16) Building and roof-mounted antennas shall be mounted on a building feature such as a parapet, penthouse wall, or building façade unless the antennas are designed to reduce negative visual impacts to adjacent properties and/or public rights-of-way. Building mounted antennas shall be painted or architecturally integrated to match the existing structure.
(k) Deviation from certain development and design standards not defined as an eligible facilities request by Title 47 of the Code of Federal Regulations. Deviation from the height requirements and minimum distance between free-standing wireless facilities by not more than twenty (20) percent may be granted by the Community Development Director or their designee or Planning Commission if one (1) or more of the following findings is made based on evidence submitted by the applicant:
(1) None of the permitted locations or height restrictions for free-standing wireless facilities provide for an obstruction-free reception window of said antenna as per blockage by the primary on-site structure or offsite buildings and trees of abutting properties; and/or (2) Existing natural geographic conditions preclude an obstruction-free reception window. (3) The relief from the development standards results in a more appropriate design which minimizes the visual impact of the facility.
(4) In order to accommodate the establishment of a co-located facility, the antenna height of the facility must be increased.
(5) The visual impacts of locating free-standing wireless facilities closer than 1,500 feet ¼ mile to one another is negligible because the facility is designed to architecturally integrate with the surrounding environment. (6) The visual impact of locating free-standing wireless facilities closer to single-family residential and/or multifamily residential is negligible because the facility is designed to architecturally integrate with the surrounding environment.
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(l) Installation and operation.
(1) All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the City of West Covina Municipal Code Chapter 7 (Buildings and Building Regulations), the Uniform Building Code, National Electric Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire Code, and the manufacturer’s structural specifications. (2) All antennas shall be permanently and properly grounded for protection against a direct strike of lightning, with an adequate ground wire as specified by the electrical code. (3) All electrical wires (excluding those wires covered in co-axial cables) connected from the electrical cabinets to the antennas or antenna support structure shall be protected in conduit, which shall be undergrounded or fixed to the ground and/or building.
(4) Prior to the issuance of a certificate of occupancy for any wireless telecommunication facility, the project applicant shall submit a radio frequency radiation (RFR) field measurement study which verifies compliance with FCC emission standards to the Community Development Director or their designee. The study shall be accompanied by a report written to be easily understood by a lay person which describes compliance with these standards.
(5) Prior to the issuance of a certificate of occupancy for any building-or roof-mounted wireless telecommunication facility, a disclosure notice approved by the Community Development Director or their designee shall be mailed to the manager or property management company of the building on which the facility is installed.
(6) All wireless telecommunication facilities shall comply at all times with all FCC regulations, rules, and standards.
(m) Maintenance of facilities.
(1) The wireless telecommunication provider and/or property owner shall be responsible for maintaining the facility in an appropriate manner, which includes, but is not limited to, the following: Regular cleaning of the facility, graffiti abatement, periodic repainting of antennas, free-standing wireless facilities, rooftop screen enclosures, accessory equipment walls and fences as needed, keeping debris and other similar items cleared from the antenna area, and regular landscape maintenance. (i) Landscaping maintenance. All trees, foliage, and other landscaping elements on a wireless telecommunication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping. Modifications to the landscape plan shall be submitted for approval to the planning department. (ii) Lighting. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable Federal Law or FCC rules. Lighting shall be maintained in good condition at all times, including any shielding to reduce light impacts to neighboring properties.
(n) Periodic safety monitoring.
(1) As requested by the Community Development Director or their designee, all wireless telecommunication providers shall submit a certification attested to by a licensed engineer expert in the field of RF emissions, that the facilities are and have been operated within the then current applicable FCC standards for RF emissions.
(2) Any wireless telecommunication facilities operated and/or maintained in violation of FCC emission standards shall be subject to permit revocation by the Planning Commission under Article VI.
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(o) Posting ownership information. In the event that a wireless telecommunication facility changes ownership, change of ownership notification must be posted on-site within sixty (60) days of the ownership change. The ownership and contact information shall be posted on site, on the wireless facility or the equipment. (p) Abandonment provisions.
(1) The provider and/or property owner shall be required to remove the facility and all associated equipment and restore the property to its original condition within ninety (90) days after the abandonment, expiration, or termination of the Conditional Use Permit or Administrative Permit. (2) The provider shall notify the City of its intent to remove the wireless telecommunications facility at least thirty (30) days prior to implementation.
(q) Required modifications.
(1) Notwithstanding, the City may add conditions after issuance of the Conditional Use Permit or other permit if necessary to advance a legitimate governmental interest related to health, safety, or welfare; provided, however, that no one condition by itself may impose a substantial expense or deprive the applicant or provider of a substantial revenue source. Any condition relating to technological changes shall comply with applicable Federal Communications Commission (FCC) and Public Utilities Commission (PUC) standards. (r) Application requirements.
(1) A “justification study” shall be submitted for each wireless telecommunication application indicating the rationale for selection of the proposed site in view of the relative merits of any feasible alternative site within the service area. This study shall also include the applicant’s master plan which indicates the proposed site in relation to the provider’s existing network of sites within the City and surrounding areas (if applicable).
For modifications or alterations to existing facilities, the applicant may be required to submit a “justification study” limited to the need to modify, alter, or expand the facility. All wireless telecommunication providers shall submit a wireless telecommunication master plan for city review and approval. Providers who operate and maintain existing antenna facilities shall submit this master plan for review and approval within one (1) year of the effective date of this division or concurrent with a request to modify or alter an existing facility, or for the placement and installation of a new antenna facility, whichever is sooner. Proprietary information, when so designated, will not be available for public review. (2) All wireless telecommunication applicants shall submit a “co-location study.” This study shall examine the potential for co-location at an existing site. A good faith effort in achieving co-location shall be required of all applicants. Applicants which propose facilities which are not co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.
Furthermore, new wireless facilities shall include information with the application about how many colocations are anticipated to be accommodated at the new facility. (3) All wireless telecommunication applicants shall conduct a radio frequency (RF) “drive test” and submit documentation analyzing the results of the test. This study shall examine the existing signal strength within the targeted area in comparison to the anticipated signal strength of the proposed wireless telecommunication facility.
(4) All wireless telecommunication applicants shall provide a visual analysis, including photographic simulations, to ensure visual and architectural compatibility with surrounding structures. (5) Written documentation with property owner contact information for all sites that were considered as an alternate location for the proposed wireless telecommunication facility. (6) Other relevant information requested by the Community Development Director or their designee or his/her Planning Commission or authorized representative.
(s) Findings. In addition to the findings for approval required pursuant to Article VI, Division 4, the following findings shall also be met:
(1) The project complies with the goals and objectives of the City’s General Plan.
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(2) The facility structures and equipment are located, designed, and screened to blend with the existing natural environment and/or built surroundings to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community. (3) The wireless facility or equipment is located on a site that is appropriate in size and shape to accommodate the use of the facility, its equipment, and all other required features. The facility is designed to blend with any existing supporting structures and does not substantially alter the character of the structure or local area.
DIVISION 2 ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS [EX.
DIVISION 11 OF ARTICLE XII]
26-137 Purpose
The purpose of this section is to ensure that accessory dwelling units and junior accessory dwelling units remain as an accessory use to single-family and multifamily residential uses, that the structures on parcels are organized to accommodate an accessory dwelling unit (ADU) and/or junior accessory dwelling unit (JADU), and that such dwelling units do not impact surrounding residents or the community. This division is intended to retain the maximum ability of the City to regulate accessory dwelling units and to comply with the requirements California Government Code Sections 65852.2 and 65852.22.
26-138 Permit
(a) Accessory dwelling units are permitted only in areas zoned to allow multifamily and single family residential, subject to the issuance of a building permit. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in this division or is the type of accessory dwelling unit described in this division, shall be approved ministerially by the City by applying the standards herein and without a public hearing.
(b) An application for an accessory dwelling unit permit (Second Unit Review- see Article VI Division 9) shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the City on a City-approved application form and subject to the established fee set by City Council resolution as it may be amended from time to time. The Second Unit Review application process shall be considered the same as a zoning clearance. (c) Applications for accessory dwelling units shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of Chapter 7 (Buildings and Building Regulations) of this Code. 26-139 Types
(a) An accessory dwelling unit approved under this Division shall be one of the following types:
(1) Attached. An accessory dwelling unit that is created as a result on a new construction which is attached to an existing or proposed primary dwelling, such as through a shared wall, floor or ceiling. An attached accessory dwelling unit can also be constructed within an existing or proposed primary dwelling. (2) Detached. An accessory dwelling unit that is created in whole or in part from newly constructed space that is detached or separated from the primary dwelling. The detached accessory dwelling unit shall be located on the same parcel as the existing or proposed primary dwelling. (3) Converted on a Single Family Lot. One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(i) Is either: within the space of a proposed single-family dwelling; within the space of an existing singlefamily dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, including but not limited to attached garages, storage areas, or similar uses; or an accessory structure including but not limited to a studio, pool house, detached garage, or other similar structure, plus up City of West Covina
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to one hundred and fifty (150) additional square feet if the expansion is limited to accommodating ingress and egress to the converted structure.
(ii) Has exterior access that is independent of that for a single-family dwelling. (iii) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(4) Junior accessory dwelling unit. A junior accessory dwelling is a dwelling unit that meets the following:
(i) Is no more than 500 square feet in size and contained entirely within a single-unit primary dwelling. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
(ii) Is located and contained entirely within an existing or proposed single-unit primary dwelling. (iii) Has a separate entrance from the main entrance to the existing or proposed single-unit dwelling. (iv) Has a bathroom that is either shared with or separate from those of the primary dwelling. (v) Includes an efficiency kitchen.
26-140 Development standards
(a) The following types of accessory dwelling units shall be approved, regardless of whether the accessory dwelling unit meets the development standards contained in this title. Accessory dwelling units and junior accessory dwelling units are accessory to the primary use. Therefore, accessory dwelling units and junior accessory dwelling units shall not be assigned an address separate from the primary dwelling unit, unless the accessory dwelling unit is accessory to a multi-family residential use. (b) For single family dwelling lots in residential zones, either:
(1) One (1) accessory dwelling unit and one (1) junior accessory dwelling unit per lot may be constructed. Each accessory dwelling unit and junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety and comply with all other setback requirements. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of Section 26-139; or (2) One (1) detached, new construction, accessory dwelling unit with setbacks of at least four (4) feet from side and rear setbacks, no more than eight hundred (800) square feet floor area with an existing or proposed single-family dwelling.
(c) On a lot with an existing multi-family residential use:
(1) Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi-family dwelling structure (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five (25) percent of the current number of units of the multi-family complex on the lot and at least one (1) such unit shall be allowed; and (2) Up to two (2) detached accessory dwelling units may be constructed, provided they are no taller than sixteen (16) feet, and they have at least four (4) feet of side and rear yard setbacks. Detached accessory dwelling units constructed pursuant to this subsection (b) shall not exceed one thousand (1,000) square feet in floor area per unit.
(d) Accessory dwelling units or junior accessory dwelling units approved under this section shall not be rented for a term of 30 days or less.
(e) Accessory dwelling units or junior accessory dwelling units approved under this section shall not be required to correct legal nonconforming zoning conditions as a pre-condition to obtaining this authorization. (f) Allowable Zoning District.
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(1) An accessory dwelling unit or junior accessory dwelling unit subject to a building permit, as described in subsection 26-139 above may be constructed on a lot in a single-family or multi-family residential or mixeduse zone. (2) An accessory dwelling unit or junior accessory dwelling unit subject to a Second Unit Review, as described under section 26-139 above may be constructed on a lot that is zoned for single-family or multi-family residential uses.
(g) Unit Size Standards. Except as otherwise provided in this section of this division, all accessory dwelling units shall not exceed the size standards listed below.
(1) Attached accessory dwelling units. The maximum floor area of an attached accessory dwelling unit shall be the greater of:
(i) Eight hundred fifty (850) square feet for an accessory dwelling unit with zero (0) to one (1) bedroom or one thousand (1,000) square feet for an accessory dwelling unit with two (2) or more bedrooms; or (ii) If there is an existing primary single-family dwelling, fifty percent (50%) of the square footage of the existing primary single-family dwelling but shall not exceed one thousand two hundred (1,200) square feet; or
(iii) Existing habitable and/or non-habitable areas may be converted into an attached accessory dwelling unit without any size and/or setback limitations.
(2) Detached units. A detached accessory dwelling unit shall not have more than one thousand two hundred (1,200) square feet of living area.
(h) Setback requirements.
(1) No setbacks are required for:
(i) Portions of accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units; or (ii) New accessory dwelling units in the same location and to the same dimensions as an existing structure. (2) For all other accessory dwelling units, there must be a minimum setback of four (4) feet from side and rear yard setbacks.
(3) The accessory dwelling unit shall adhere to the required front setback of the underlying zone, unless it can be demonstrated by the applicant that an accessory dwelling unit of up to 800 square feet is not feasible on the subject property. In this case, there shall be no required front yard setback for an accessory dwelling unit of up to 800 square feet.
(4) The minimum required distance between a detached accessory dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be ten (10) feet. An accessory dwelling unit may only be attached to another accessory structure if the construction of at least an 800 square foot detached accessory dwelling unit would not be possible on the property without the said attachment. (i) Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the City that contains a legal, single-family or multi-family residence as an existing or proposed primary unit on a lot. (j) Accessory dwelling units and junior accessory dwelling units are accessory to the primary use. Therefore, accessory dwelling units shall not be assigned an address separate from the primary dwelling unit, unless the accessory dwelling unit is accessory to a multi-family residential use. (k) Number of accessory dwelling units per lot.
(1) For lots with proposed or existing single-family residences, no more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit may be on the lot. (2) For lots with existing multi-family residential dwellings:
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(i) No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as accessory dwelling units constructed within the non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; or (ii) No more than two (2) detached accessory dwelling units, provided that no such unit shall be more than sixteen (16) feet in height, and each such unit complies with front yard setbacks, and meets rearyard and side yard setbacks of four (4) feet. No setback shall be required for an existing living area or accessory structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit when created within an existing structure.
The maximum square footage of detached accessory dwelling units on lots with existing multi-family residential dwellings shall be limited to one thousand (1,000) square feet of living area per accessory dwelling unit.
(l) Building code compliance. All new accessory dwelling units must comply with chapter 7 of this Code (Buildings and Building Regulations) and any other applicable provisions of the California Building Standards Code.
However, fire sprinklers shall not be required if they are not required for the primary residence. (m) Utilities.
(1) All accessory dwelling units and junior accessory dwelling units must be connected to public utilities (or their equivalent), including water, electric, and sewer services. Accessory dwelling units and junior accessory dwelling units shall not have its own separate utility meter and shall share utility connections with the primary use with the exception of accessory dwelling units on properties developed with a multifamily residential use.
(2) All accessory dwelling units and junior accessory dwelling units shall have adequate water supply and sewer service.
(3) No overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory dwelling unit or junior accessory dwelling unit, unless required by the California Building Code or by the utility provider. If existing overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory unit, such lines shall be converted to underground services. (4) The City may require the installation of a new or upgraded utility connection for a new accessory dwelling unit structure and/or the existing house to accommodate the additional burden of the proposed accessory dwelling unit on the existing utility infrastructure. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values. New or upgraded utility connection shall not be required for existing structures converted into accessory dwelling units.
(n) Parking.
(1) The City shall require the owner to provide one (1) parking space unless the accessory dwelling unit has no bedrooms (e.g., a studio), in which case no space is required. The required parking space shall have a minimum dimension of ten (10) feet in width and twenty (20) feet in depth. The required parking space may be provided as:
(i) Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with City parking requirements; or (ii) Within a setback area or as tandem parking in locations determined feasible by the City for such use.
Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that such parking is not permitted anywhere else in the City. (2) Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling unit if:
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(ii) It is located within an architecturally and historically significant district; (iii) It is part of a proposed or existing primary residence or accessory structure; (iv) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or
(v) Where there is a car share vehicle located within one (1) block of the accessory dwelling unit. (o) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced.
(p) Exterior access. The entrance to an accessory dwelling unit shall be separate from the entrance to the primary dwelling unit.
(q) Recorded covenants. Before obtaining a permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions which has been approved by the City Attorney as to its form and content, describing restrictions that allows for and the continued use of the accessory dwelling as follows:
(1) The accessory dwelling unit shall not be sold separately from the primary residence, except for instances allowed by Government Code section 65852.26;
(2) The accessory second unit is restricted to the maximum size allowed per the development standards set forth in this section;
(3) The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance with the requirements for an accessory dwelling unit. In the event of violation, the property owner shall be responsible for all fees and penalties, as well as the City’s enforcement costs.
(r) Conversion of existing primary unit. An existing primary dwelling may be converted to an accessory dwelling unit if it complies with all applicable requirements of this division. If so, a new, larger primary residence may be constructed.
(s) Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:
(1) The exterior materials, colors, roof designpitch (e.g. gable, hipped, flat) and architecture shall match the primary unit.
(2) Accessory dwelling units shall not exceed sixteen (16) feet in height, with the following exceptions; (i) The accessory dwelling unit is a conversion of an existing second floor area, a second-story addition to an existing residence, or is located on the second floor of a new two-story house. All second-story additions to an existing residence, and/or new two-story homes shall require the approval of an Administrative Permit per Article VI of this Code.
(ii) The accessory dwelling unit is located within a half-mile of a major transit stop or high-quality transit corridor then a detached ADU that is on a lot with a single-family or multifamily dwelling may be constructed up to 18 feet in height by right. In no case shall the City require ADUs to match the roofpitch of the main house. (iii) The detached ADU is on a lot with an existing or proposed multistory multifamily dwelling, then the ADU may be up to 18 feet in height, regardless of how close it is to transit. (iv) An attached ADU may be up to 25 feet high or as high as a primary dwelling may be under the underlying zone, whichever is lower.
(3) Exterior staircases serving second-floor accessory dwelling units shall not be located in between the side property line and the existing building.
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(4) Lighting shall be shielded so that light rays are not spilled onto neighboring lots. (5) Any attached accessory dwelling unit shall be attached to the living area of the primary dwelling unit by a common wall or floor/ceiling, and not simply by an attached breezeway, porch, or patio. (t) Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
(u) Patio covers and porches. The accessory dwelling unit shall not have more than one (1), thirty (30) square foot covered patio or porch. The patio cover and/or porch shall be considered as a part of the accessory dwelling unit structure, but shall not be included in the maximum allowable ADU size calculation. 26-141 General Plan Consistency
In adopting these standards, the City recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the General Plan. The City finds that this occurrence is consistent with the general plan, as dictated under state planning and zoning law applicable to accessory dwelling units.
26-142 Junior Accessory Dwelling Units
(a) Purpose. This section provides standards for the establishment of junior accessory dwelling units. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single family residence and require owner occupancy in the single-family residence where the unit is located.
(b) Size. A junior accessory dwelling unit shall not exceed five hundred (500) square feet in size. (c) Owner occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or “housing organization” as that term is defined in Government Code section 65589.5(k)(2), as that section may be amended from time to time. (d) Sale prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.
(e) Short term rentals. The junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less. (f) Location of junior accessory dwelling unit. A junior accessory dwelling unit shall be entirely within a single-family residence; an attached garage is considered a part of the residence. (g) Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(h) Parking. No additional parking is required beyond that already required for the primary dwelling. (i) Fire protection; utility service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling. (j) Deed restriction. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the City that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection (c) above, does not permit rentals for periods thirty (30) days or shorter, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.
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DIVISION 3 AFFORDABLE HOUSING AND DENSITY BONUS INCENTIVES [REPLACES EX.
DIVISION 6 OF ARTICLE XII TO BE INCOMPLIANCE WITH STATE LAW] 26-143 Purpose and Intent
(a) The purpose of this Division is to provide requirements and incentives for the development of affordable housing units in conjunction with other residential, mixed-use, and commercial projects by partnering with affordable housing providers as provided by state law. The following provisions are intended to implement the policies of the City’s General Plan to encourage the production of affordable housing for all economic groups, and housing for disabled and elderly residents, transitional foster youth, and disabled veterans, and homeless persons as defined in Government Code 65915, all of which is integrated, compatible with and complements adjacent uses, and is located near public and commercial services. (b) The incentives offered in this Division are provided by the City as a means of meeting its commitment to encourage housing affordability to all economic groups, and to meet the regional fair share requirements for the construction and rehabilitation of affordable housing for very-low-, low-, and moderate-income persons. (c) This Division shall be interpreted in a manner supplementary to, and consistent with, the California Government Code 65915, et seq., as it may be amended from time to time. 26-144 Definitions
The definitions found in State Density Bonus Law shall apply to the terms contained in this section. 26-145 Applicability
(a) The provisions of this Division apply to a housing development consisting of either five (5) or more general Dwelling Units. A housing development as defined in State Density Bonus Law shall be eligible for a density bonus and other regulatory incentives that are provided by State Density Bonus Law when the applicant seeks and agrees to provide very-low, low or moderate income housing units, or units intended to serve seniors, transitional foster youth, disabled veterans, homeless persons, and lower income students in the threshold amounts specified in State Density Bonus Law. A housing development includes only the residential component of a mixed-use project.
26-146 Application Requirements
(a) Any applicant requesting a density bonus and any incentive(s), concession(s), waiver(s), parking reductions, or commercial development bonus provided by State Density Bonus Law shall submit a density bonus application as described below concurrently with the filing of the planning application for the first discretionary permit required for the housing development, commercial development, or mixed-use development. The requests contained in the density bonus report shall be processed concurrently with the planning application. The applicant shall be informed whether the application is complete consistent with California Government Code Section 65943.
(b) The density bonus application shall include the following minimum information:
(1) Requested Density Bonus.
(2) Summary table showing the maximum number of dwelling units permitted by the zoning and General Plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre.
(3) A tentative map and/or preliminary site plan, drawn to scale, showing the number and location of all proposed units, designating the location of proposed affordable units and density bonus units. (4) The zoning and General Plan designations and assessor’s parcel number(s) of the housing development site.
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(5) A description of all dwelling units existing on the site in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
(6) Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very-low or lower income households in the five-year period preceding the date of submittal of the application.
(7) If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in California Government Code Section 65915, subdivision (g) can be met.
(8) Requested Concession(s) or Incentive(s). In the event an application proposes concessions or incentives (a reduction in site development standards or a modification of zoning code or architectural design requirements) for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:
(i) The City’s usual development standard and the requested development standard or regulatory incentive.
(9) Requested Waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each waiver requested on each lot, shown on a site plan if appropriate:
(i) The City’s usual development standard and the requested development standard. (ii) Reasonable documentation that the development standards for which a waiver is requested will have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915. (10) Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to California Government Code Section 65915, subdivision (p), a table showing parking required by the zoning regulations, parking proposed under Section 65915, subdivision (p), and reasonable documentation that the project is eligible for the requested parking reduction. (11) Child-Care Facility. If a density bonus or incentive is requested for a child-care facility in a housing development, reasonable documentation that all of the requirements included in California Government Code Section 65915, subdivision (h) can be met.
(12) Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all the requirements included in California Government Code Section 65915.5 can be met.
(13) Commercial Development Bonus. If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, as defined in Section 21.86.110, and reasonable documentation that each of the standards included in Subsection 21.86.110(C) has been met. (14) Fee. Payment of any fee in an amount set by resolution of the City Council for staff time necessary to determine compliance of the Density Bonus Plan with State Density Bonus Law.
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26-147 Density Bonus
(a) All calculations are rounded up for any fractional numeric value in determining the total number of units to be granted, including base density and bonus density as well as the resulting number of affordable units needed for a given density bonus project.
(b) When calculating the density bonus, the base density shall be the allowed gross density of the property allowed under the applicable zoning code.
(c) If a housing development qualifies for a density bonus under more than one income category, or additionally as a senior citizen housing development as defined in State Density Bonus Law, or as housing intended to serve transitional foster youth, disabled veterans, homeless persons, or lower income students, the applicant shall identify the categories under which the density bonus would be associated and granted. Density bonuses from more than one category can be combined up to the maximum allowed under State Density Bonus law. (d) The density bonus units shall not be included in determining the number of affordable units required to qualify a housing development for a density bonus pursuant to State Density Bonus Law. (e) The applicant may elect to accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction will be permitted in the percentages of required affordable units contained in California Government Code Section 65915, subdivisions (b), (c), and (f). Regardless of the number of affordable units, no housing development shall be entitled to a density bonus of more than what is authorized under State Density Bonus Law.
26-148 Discretionary density bonuses
(a) In providing opportunities for the granting of density bonuses in excess of those specified in section Article IV, Division 3, it is the City’s intent to be of further meaningful assistance to promoting the development of housing to meet the diverse housing needs of the community. This notwithstanding, proposals for discretionary density bonuses shall be carefully reviewed and considered and may only be granted where standards set forth under subsection (b) have been determined to be met.
(b) Determination of discretionary density bonuses. Rather than utilizing a specific formula, the determination of whether and at what level to grant a discretionary density bonus shall be based on a case-by-case evaluation of proposed housing developments. The factors to be considered in this evaluation shall include, but are not limited to:
(1) The type and extent of target units being proposed. (2) That the density bonus is necessary to make the project economically feasible. (3) That the proposed housing will help fulfill the housing needs of the community as established within the housing element of the General Plan.
(4) That the housing development reflects high standards in the quality of design and provision of amenities. (5) That the proposed housing development is compatible with the surrounding neighborhood. (c) A density bonus of greater than thirty-five (35) percent above the otherwise allowable density, but in no case greater than one hundred (100) percent as allowed in each income category of the State Density Bonus Law may be granted at the City’s discretion to applicants that agree to provide the following types of housing, provided said housing developments comply with all other provisions of this Division. (1) Greater than fifty (50) percent of the total dwelling units reserved for qualifying residents (senior citizens); or
(2) Any combination of dwelling units, meeting or exceeding the minimum percentages specified State Density Bonus Law, reserved for and affordable to very low-income households, reserved for and affordable to lower-income households, and reserved for qualifying residents (senior citizens).
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(d) A density bonus of greater than thirty-five (35) percent above the otherwise allowable density, but in no case greater than two hundred (200) percent, may be granted at the City’s discretion to applicants that agree to provide any combination of dwelling units where all of the units are reserved for and affordable to very lowincome households and/or lower-income households. 26-149 Incentives and Concessions
(a) Incentives and concessions area a reduction in site development standards or a modification of zoning code requirements or architectural design requirements which exceed the minimum building standards, and which results in identifiable, financially sufficient, and actual cost reductions, including, but not limited to:
(1) Reduced minimum lot sizes and/or dimensions.
(2) Reduced minimum lot setbacks.
(3) Reduced minimum outdoor and/or private outdoor living area. (4) Increased maximum lot coverage.
(5) Increased maximum building height and/or stories.
(6) Reduced minimum building separation requirements.
(7) Reduced street standards, such as reduced minimum street widths. (8) Reduced standards included in the West Covina Multi-Family Objective Design Standards (b) If an applicant requests a height increase pursuant to AB 2334 (2022), increased maximum building height and/or stories may not be granted as a concession.
(c) The number of incentives or concessions that may be requested shall be based upon the number the applicant is entitled to pursuant to State Density Bonus Law.
(d) Nothing in this section requires the provision of direct financial incentives for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The City, at its sole discretion, may choose to provide such direct financial incentives. (e) For the purposes of this calculation, each individual deviation from the zoning requirements, rules, or other standards or conditions of the City shall constitute a separate concession. However, a variation in one (1) standard or requirement shall constitute only one (1) concession if, by necessity, the one (1) variation results in the automatic and unavoidable variation in a second standard. (f) Concessions shall not be provided to a development which obtains its entire density bonus entitlements through a qualifying land dedication.
(g) Findings to deny incentive or concession. The City shall grant the incentive or concession requested by the applicant unless the City makes a written finding based upon substantial evidence of any of the following:
(1) The incentive or concession is not required in order to provide for affordable housing costs or for affordable rents for the restricted units;
(2) The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or
(3) The incentive or concession would be contrary to state or federal law.
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26-150 Waivers
(a) An applicant may submit to the City a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria at the densities or with the concession or incentives permitted under this Division. The applicant may request a meeting with the City.
(b) The City shall not waive or reduce development standards if the waiver or reduction would:
(1) Have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment. (2) Be contrary to state or federal law.
26-151 Parking Reductions
(a) Except for projects subject to Government Code section 65863.2, in the event an application proposes a parking reduction for a residential development project pursuant to Government Code Section 65915 (p), as it may be modified from time to time, a table showing parking required by the zoning regulations, parking proposed under Government Code Section 65915 (p), as may be modified from time to time and reasonable documentation that the project is eligible for the requested parking reduction. 26-152 Childcare Facility
(a) When an Applicant proposes to construct a Residential Development Project that conforms to the requirements of this Division and includes a Childcare Facility that will be located on the premises of, as part of, or adjacent to, the Residential Development Project, the City shall grant an additional density bonus pursuant to Government Code Section 65915, as it may be modified from time to time. 26-153 Land Donation
(a) If a density bonus is requested for a land donation as per Government Code Section 65915, the applicant shall provide the following:
(1) The location of the land to be dedicated; and
(2) A title report showing proof of site control.
26-154 Commercial Development bonus
(a) In accordance with Government Code Section 65915, as it may be modified from time to time, when an Applicant proposes to construct a commercial development and has entered into a partnered housing agreement approved by the City, the City shall grant a commercial development bonus mutually agreed upon by the developer and the City. The commercial development bonus shall not include a reduction or waiver of fees imposed on the commercial development to provide affordable housing. The requirements for commercial development bonus are as follows, which shall also be described in the partnered housing agreement:
(1) The residential development project shall be located either:
(i) On the site of the commercial development; or
(ii) On a site within the City that is within one-half mile of a major transit stop as defined in Government Code Section 65915, as it may be modified from time to time, and is located within one mile of public amenities, including schools and employment centers.
(2) At least 30 percent of the total units in the residential development project shall be made available at affordable ownership cost or affordable rent for low-income households, or at least 15 percent of the total units in the residential development project shall be made available at affordable ownership cost or affordable rent for very low-income households.
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(3) The commercial developer must agree either to directly build the affordable units; donate a commercial development site consistent with State Density Bonus Law, for the affordable units; or make a cash payment to the housing developer for the affordable units.
(4) Any approved partnered housing agreement shall be described in the City’s Housing Element annual report as required by Government Code Section 65915, as it may be modified from time to time. 26-155 Design and Quality
(a) The City may not issue building permits for more than 50 percent of the market rate units until it has issued building permits for all the affordable units, and the City may not approve any final inspections or certificates of occupancy for more than 50 percent of the market rate units until it has issued final inspections or certificates of occupancy for all the affordable units.
(b) Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.
(c) Affordable Units shall be built on site and shall be dispersed within the housing development. The number of bedrooms of the affordable units shall be equivalent to the bedroom mix of the non-affordable units of the housing development, except that the developer may include a higher proportion of affordable units with more bedrooms. The design and appearance of the affordable units shall be compatible with the design of the overall housing development.
26-156 Review Procedures
(a) All requests for density bonuses, incentives, parking reductions, waivers, or commercial development bonuses shall be considered and acted upon by the approval body with authority to approve the development within the timelines prescribed by California Government Code Section 65950 et seq., with right of appeal to the City Council, as applicable.
(b) Eligibility for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s) for a Housing Development. To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state law as applicable:
(1) The housing development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to very-low and low income households as required by California Government Code Section 65915, subdivision (c)(3). (2) Any requested incentive or concession will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of California Government Code Section 65915, subdivision (k)(2). (3) The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by California Government Code Section 65915.
(4) The housing development is eligible for any requested parking reductions under California Government Code Section 65915, subdivision (p).
(5) If the density bonus is based all or in part on donation of land, all of the requirements included in California Government Code Section 65915, subdivision (g) have been met. (6) If the density bonus or incentive is based all or in part on the inclusion of a child-care facility, all of the requirements included in California Government Code Section 65915, subdivision (h) have been met.
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(7) If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in California Government Code Section 65915.5 have been met.
(c) If a commercial development bonus is requested for a commercial development, the decision-making body shall make a finding that the development complies with all of the requirements of Subsection 21.86.110(C), that the City has approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the City and the commercial developer. (d) The decision-making body shall grant an incentive or concession requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
(1) The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in California Health and Safety Code Section 50052.5, or for affordable rents, as defined in California Health and Safety Code Section 50053; or (2) The proposed incentive or concession would be contrary to state or federal law; or (3) The proposed incentive or concession would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
(e) The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
(1) The proposed waiver would be contrary to state or federal law; or (2) The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
(3) The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households. For the purpose of this subsection, specific adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
(f) If any density bonus, incentive, concession, parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the City pursuant to Section 26-146. 26-157 Density Bonus Housing Agreement and Senior Housing Agreement (a) Density Bonus Housing Agreement. Except where a density bonus, incentive, waiver, parking reduction, or commercial development bonus is provided for a market-rate senior housing development, the applicant shall enter into an affordable housing agreement with the City, in a form approved by the City Attorney, to be executed by the City Manager, to ensure that the requirements of this section are satisfied. The affordable housing agreement shall guarantee the affordability of the affordable units for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; shall identify the type, size and location of each affordable unit; and shall specify phasing of the affordable units in relation to the market-rate units.
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(b) Senior Housing Agreement. Where a density bonus, waiver, or parking reduction is provided for a market-rate senior housing development, the applicant shall enter a restrictive covenant with the City, running with the land, in a form approved by the City Attorney, to be executed by the City manager, to require that the housing development be operated as “housing for older persons” consistent with state and federal fair housing laws. (c) The executed affordable housing agreement or senior housing agreement shall be recorded against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development. The affordable housing agreement or senior housing agreement shall be binding on all future owners and successors in interest. (d) The affordable housing agreement shall include, but not be limited to, the following:
(1) The number of density bonus dwelling units granted; (2) The number and type of affordable dwelling units;
(3) The unit size(s) (square footage) of target dwelling units and the number of bedrooms per target dwelling unit;
(4) The proposed location of the affordable dwelling units; (5) Schedule for production of affordable dwelling units; (6) Incentives or concessions or waivers provided by the City; (7) Where applicable, tenure and conditions governing the initial sale of the affordable units; (8) Where applicable, tenure and conditions establishing rules and procedures for qualifying tenants, setting rental rates, filling vacancies, and operating and maintaining units for affordable rental dwelling units; (9) Marketing plan; publication and notification of availability of affordable units; (10) Compliance with federal and state laws;
(11) Prohibition against discrimination;
(12) Indemnification;
(13) City’s right to inspect units and documents;
26-158 Fees and expenses
(a) An administrative fee shall be charged to the applicant for City review of all materials submitted in accordance with this Division for implementation and on-going enforcement of the provisions of this Division. 26-159 Interpretation
(a) If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law.
26-160 Severability
(a) If any provision of this chapter or its application to any person or circumstances is held invalid, the remain-der of the chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected.
DIVISION 4 URBAN DWELLING UNITS [EX. DIVISION 30 OF ARTICLE XII] 26-161 Applicability
(a) The City shall ministerially review a housing development containing no more than two (2) residential units through the Second Floor Review process, if it meets the following requirements:
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(1) The parcel is located within a single-family residential zone. (2) The parcel is not located in any of the following areas and does not fall within any of the following categories:
(i) A historic district or property included on the state historic resources inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a City landmark or historic property or district pursuant to a City ordinance. (ii) A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D).
This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (iii) A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the City’s building department.
(3) The proposed housing development would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) Housing that is subject to any form of rent or price control by the City; (iii) A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date of the application; or
(iv) Housing that has been occupied by a tenant in the last three (3) years. (4) Demolition of an existing unit that has not been occupied by a tenant in the last three (3) years shall not exceed more than twenty-five (25) percent of the existing exterior structural walls. 26-162 Standards and requirements
(a) Number of units: There shall be no more than two (2) urban dwelling units per lot.
Accessory dwelling units (ADUs), junior accessory dwelling units (JADUs), and an existing primary residential unit will be counted toward the maximum number of units. (b) Setbacks:
(1) Existing structures. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure. (2) Side and rear setback for new structures and additions. The minimum setback from the side and rear property line is four (4) feet. The proposed residential unit(s) occupying an urban lot subdivision may be constructed directly along the side property line adjoining and attached to the unit within the same urban lot split subdivision, if the construction of an 800-square-foot unit would not be physically possible without the setback reduction.
(3) Front setback for new structures and additions. The minimum setback from the front property line is twenty-five (25) feet. The front setback may be reduced to ten (10) feet if the construction of an 800-squarefoot unit would not be physically possible without the front setback reduction after the implementation of (b)(2). of this section is incorporated with the project design. (c) Maximum size: The maximum size of an urban dwelling unit shall not exceed eight hundred (800) square feet. (d) Minimum size: The minimum size of an urban dwelling unit shall be five hundred (500) square feet.
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(e) Maximum Height: An urban dwelling unit, or additions to an existing structure within a proposed urban lot split subdivision shall not be more than one-story and shall not exceed sixteen (16) feet in height. Projects may be exempt from the one-story height limitation and may be constructed up to twenty-five (25) feet in height if the construction of an 800 square-foot unit would not be physically possible without the height increase after the implementation of (b)(2) and (b)(3) of this section is incorporated with the project design. (1) In cases where an urban dwelling is being added by subdividing an existing structure, the height requirements of this subsection do not apply.
(f) Front yard landscaping and paving/hardscape:
(1) The driveway/pavement/hardscape width in the front yard shall be limited to the width of the garage, or twelve (12) feet if the lot does not have a garage.
(2) Within the front yard, a minimum of fifty (50) percent of the land area shall be maintained with landscaping consisting of live organic plant materials. Paving which incorporates planting cells such as turf block, grass grid, open-cell unit paver, geoblock, or grasscrete may be counted towards the landscaping requirement with the exclusion of the hard surface. Parking on such composite planted paving is not allowed. (3) A minimum of one (1) 24-inch box-sized tree shall be planted on the front yard. If the urban lot split includes a flag lot, the front yard shall be the side of the lot directly in front of the primary entrance to the urban dwelling unit.
(g) Objective Design Standards
(1) Additions to existing structures. Additions to existing structures shall utilize the same exterior materials, color, roof pitch, and architecture of the existing structure on the lot. (2) New construction. The following standards shall apply to all new construction:
(i) The front elevation shall include the primary entrance to the unit and a roofed porch. The porch may utilize a protruding or recessed design that provides for a roofed porch that is a minimum six (6) feet deep and six (6) feet wide.
(ii) All structures shall have at least two (2) exterior building wall materials. The building wall material option shall be limited to stucco, wood, rock/stone, brick, or decorative hand-painted tile. The building materials utilized shall be continued throughout the exterior of the house on all elevations. Window or door trims shall not be counted towards the material requirement. (iii) Windows:
a) Treatment on windows shall be incorporated into the window design. Allowable window treatments shall be limited to the following: stucco pop outs, wood trim, pot shelves, shutters, or recessed windows.
1) Recessed windows shall be one (1) inch to two (2) inches from the exterior building wall. 2) The height and width of window shutters shall be proportionate to the height and width of the window utilizing the treatment. The shutters shall be wide and tall enough to completely cover the exterior of each side of the window without exceeding the dimensions of the window by greater than two (2) inches.
b) Second-floor side windows shall be limited to clerestory windows for light and ventilation measured no less than five (5) feet above the interior floor level. (iv) The roof design shall be limited to gable, dutch-gable, or hipped. Flat-roofs and/or shed roofs are prohibited. For the purposes of this subsection, “flat-roof” shall mean having a roof pitch of less than 2:12.
a) Spanish and/or Mediterranean style urban dwellings shall utilize rounded or “S” roof tiles, or a combination thereof.
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(v) The color palette for the urban dwelling shall include a minimum of two (2) colors. The color utilized for the main wall shall be a different color than the color used for the architectural trim (e.g., window/door trim).
(vi) Balconies, second-story decks and/or exterior staircases are prohibited. All staircases shall be located within an enclosed structure.
(h) Residents of urban dwelling units are not eligible for any type of street parking permit. (i) The applicant shall provide easements for the provision of public services and facilities as required. (j) No additional accessory structures other than a 20-foot deep and 10-foot wide one-car garage for each urban dwelling unit shall be allowed on lots/parcels developed with an urban dwelling unit. Construction of the onecar garage shall be dependent upon compliance with the maximum building coverage requirements listed within Table 2-4 of Section 26-46.
(k) All lots shall have a minimum street frontage of twelve (12) feet to provide for vehicular access. (l) Off-street parking shall be limited to one (1) space per unit, except that no parking requirements shall be imposed in either of the following circumstances:
(1) The parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or
(2) There is a car share vehicle located within one (1) block of the parcel. (m) For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years, which shows that the system meets acceptable infiltration rates. 26-163 Authority
(a) The City shall not require or deny an application based on any of the following:
(1) The City shall not impose any objective zoning or design review standards that would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet. (2) The City shall not deny an application solely because it proposes adjacent or connected structures, provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.
26-164 Affidavit
(a) An applicant for an urban dwelling shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:
(1) That the uses shall be limited to residential uses. (2) That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one (31) days. (3) That the maximum number of units to be allowed on the parcels is two (2), including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to chapter 26 (Zoning). (4) That the site and/or residence of the site is not eligible for any type of street parking permit. 26-165 Building official denial procedure
(a) The City may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse City of West Covina
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impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
26-166 Effects on other ordinances
(a) The provisions of this division supersede any contrary provisions in the West Covina Municipal Code to the contrary.
DIVISION 5 MULTI-UNIT DWELLING OBJECTIVE DESIGN STANDARDS *NEW (FROM ADOPTED OBJECTIVE DESIGN STANDARDS)*
26-167 Purpose
The purpose of the West Covina Multi-Family Residential Objective Design Standards is to respond to Senate Bill (SB) 330 and supplement the multi-family residential development standards of the West Covina Municipal Code (WCMC). SB 330, “The Housing Crisis Act of 2019,” is a state-wide bill intended to streamline housing development approval processes in California. As a result of SB 330, multifamily residential development projects and/or mixeduse development projects with at least two-thirds of the square footage designated for residential use meeting certain eligibility requirements are subject to specific review processes. State law requires cities to approve eligible housing proposals through ministerial processes based on objective standards that “involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant and the public official prior to submittal.” The West Covina Multi-Family Residential Objective Design Standards provide clear expectations on the design of new multi-family residential development within the City, outlining objective design standards that allow for predictable development outcomes.
26-168 Applicability
(a) The West Covina Multi-Family Residential Objective Design Standards are minimum design requirements that apply to new multi-family residential and mixed-use development located in the following areas within the City:
(1) Office and Commercial Zones - OPMU, NMU, RMU, SMU
(2) Multiple Family Zones - MF-8, MF-15, MF-20, and MF-45 (b) The Multi-Family Residential Objective Design Standards apply to site and building design only. Development standards such as density, building setbacks and heights, open space, and off-street parking requirements are contained in Chapter 26 of the WCMC.
(c) If a multi-family residential development project or a residential mixed-use development project is eligible for SB 330 and complies with all applicable requirements of the WCMC and these Objective Design Standards, then the City shall approve the project through the ministerial process without public hearings. (d) Multi-family residential development projects and residential mixed-use development projects not covered under SB 330 must also comply with the West Covina Multi-Family Residential Objective Design Standards and applicable design guidelines. The applicable City review procedures would apply to these projects. (e) The Community Development Director or their designee may allow certain deviations from the design standards on a case-by-case basis, provided the requested deviations meet the intent of the Multi-Family Residential Objective Design Standards and are approved by the Planning Commission. 26-169 Multi-Unit Dwelling Objective Design Standards
New multi-family and mixed-use developments shall be subject to the standards included in Multi-family Objective Design Standards document, Chapter 2- Objective Design Standards.
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DIVISION 6 LIVE-WORK UNITS *NEW*
(a) The following commercial / residential activities, conducted wholly within enclosed buildings, shall be permitted provided the commercial/office uses shall occur in conjunction with residential uses and are not standalone uses:
(1) Apparel - custom tailoring and sales of apparel, clothing and other sewing products made on the premises (2) Artists and craft/sculpture products, sales galleries, and studios (3) Internet-based commerce (no inventory, no pornography) (4) Office - creative/tech-based offices and services
(5) Office - professional offices and services
(6) Photographer/photography studios
(7) Residential uses in conjunction with office, retail or other work-related uses as permitted herein for livework development (8) Spas and personal care to include nail salons and hair salons (for single patron use only) (9) Similar uses permitted by the determination of the Community Development Director. (b) The Community Development Director or their designee may permit any other uses that the Community Development Director or their designee determine to be similar to those listed above, in conformity with the intent of the zone, and not detrimental to public health, safety and welfare, or to other uses permitted in the zone.
(c) The property development standards set forth in Article II, Division 2 of the West Covina Development Code shall apply to all live/work units. The following standards shall also apply to live/work units:
(1) Live/work units include the residential living dwelling and a workspace within one unit of a building for selfemployed residents. A live/work unit may be fully residential units. (2) The workspace component of a live/work unit shall be limited to a maximum of 50 percent of the entire unit area (not including porches and garages), and can only be located on the ground floor. (3) The property manager will be responsible for controlling hours of business, signage standards, visitor and guest parking, carport area appearances, etc.
(4) Storage of hazardous materials necessary for work activities within a live/work unit may be stored in controlled areas per the California Building Code and the West Covina Fire Department. (5) The work portion of the unit shall be used by the owner or renter of the residential portion of the unit. (6) Live/work units are single-tenant spaces that include both residential and commercial/office uses within a single unit, including a business to be conducted solely by the resident. In no instance shall the work portion of the live/work unit be sub-leased.
(7) Noise levels generated by live/workspaces shall conform to the City of West Covina Noise Ordinance.
DIVISION 7 LOW BARRIER NAVIGATION CENTERS *NEW*
(a) Purpose. The purpose of this Division is to establish standards for low-barrier navigation centers and to ensure this use in constructed and operated in a manner that is consistent with the requirements and allowances of California Government Code Section 65660 relating to low barrier navigation centers. (b) Permit Required. An application shall be submitted to the Planning Department for the development and operation of a low barrier navigation center. The Community Development Director or their designee shall notify a developer whether the application is complete within thirty (30) days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed with the Planning Division.
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(c) Where allowed. Low barrier navigation centers shall be allowed by right in nonresidential and mixed-use zoning districts that include multi-family residential development. (d) Development and Operational Standards. The following standards shall apply to low barrier navigation centers:
(1) The low barrier navigation center shall offer services that connect people to permanent housing through a service plan that identifies services staffing;
(2) Coordinated Entry System. The low barrier navigation center shall be linked to a coordinated entry system, so that staff in the interim facility or staff who collocate in the facility may conduct assessments and provide services to connect people to permanent housing;
(3) The low barrier navigation center shall comply with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code; and
(4) Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System, as defined by Section 578.3 of the Title 24 of the Code of Federal Regulations.
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ARTICLE V.NONCONFORMITIES
DIVISION 1 GENERAL NONCONFORMING PROVISIONS [EX. ARTICLE V] 26-170 Purpose and Intent
This division establishes uniform provisions for the regulations of legal nonconforming land uses, structures and parcels. Within the zoning districts established by this Development Code, there are existing land uses, structures, and parcels that were lawful before the adoption, or amendment of this Development Code, but that would be prohibited, regulated, restricted differently under the terms of this Development Code or future amendments. It is the intent of this Development Code to discourage the long-term continuance of nonconformities, but to permit them to exist under the limited conditions outlined in this Article. This Article is intended to be administered in a manner that encourages the eventual abatement of nonconformities. 26-171 Establishment of Nonconforming Uses, Structures
A nonconforming building, structure or other physical feature is a legally established building, structure or other physical feature which does not meet the standards of the Zoning District in which it is located. It can also be a building, structure or other physical feature for which an administrative use permit, variance or other similar permit is required but for which no such permit has been obtained because the building, structure, or other physical feature was established prior to the application of the existing zoning district due to rezoning, annexation or other change in the regulation of the Development Code. Legally established nonconforming building, structures or other physical features shall be governed by the following regulations:
(a) Nonconforming buildings, structures, or other physical features may be continued indefinitely subject to the provisions of this division.
(b) A nonconforming building, structure, or other physical feature shall not be reconstructed, except as provided for in Division (4) of this Article, expanded, or enlarged unless the new work will be in conformance with the regulations and standards of the Zoning District in which is it located and the new provisions of the ordinance. (c) A nonconforming building, structure, or physical feature may be remodeled, rehabilitated or structurally altered if the new work does not increase the degree of the non-conformity. (d) A nonconforming, structure, or physical feature damaged or destroyed by any means except demolition or intentional removal, may be reconstructed to its original condition if the chief building inspector determines that the costs of reconstruction does not exceed fifty percent (50%) of the replacement construction value of the building or structure at the time of damage or destruction as determined by the Building Official. The Building Official shall conduct a review and may limit reconstruction of parts of the project that would create a health or safety issue. The Building Official review shall identify those items that, for reasons of health and safety, shall not be allowed to be reconstructed to the dimensions, footprint, or use as they were prior to the damage, and shall provide for those items the required degree of compliance with the current code. Where the Building Official determines that the costs of reconstruction exceed fifty percent (50%) of the replacement construction value of the building at the time of its destruction of or damage, a nonconforming building, structure or physical feature may be reconstructed to its original or other nonconforming condition only upon the approval of a variance by the Planning Commission pursuant to the provisions of Article VI, Division 5 applied for within one year of damage or deconstruction. The Planning Commission may require as a condition of approval that the building is thereafter devoted to a conforming use. The Planning Commission must make the following findings to approve such a use permit.
(1) The proposed reconstruction of a nonconforming building, structure or physical feature will not be detrimental to any existing or potential permitted use, building or structure in the area in which the nonconforming use is located.
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(2) This finding shall be in addition to those required for the approval of a Variance contained in Article VI, Division 5.
26-172 Continuation and Maintenance
(a) Continuation of Nonconforming Uses and Structures
(1) Except as otherwise provided herein, any structure or use legally established on the effective date of the Development Code, may continue as a nonconforming parcel, structure or use. (2) Any structure or use legally established prior to the annexation of the property may continue as a nonconforming structure or use, respectfully.
(3) A change in ownership or tenancy without any change in use, occupancy or development shall not affect any of the legal nonconforming rights, privileges, and responsibilities provided under this article. (b) Maintenance of Nonconforming Uses and Structures
(1) Routine maintenance and repairs may be performed on a nonconforming parcel, use or structure provided such work does not involve structural alterations or any enlargement of the structure subject to the granting on building permits as required by the Building Official. 26-173 Continuation of Nonconformities
(a) Maintenance and Repairs allowed.
(1) A nonconformity (i.e., parcel, sign, structure, or use) may be maintained and continued with customary maintenance and repair without any expansion or enlargement of area, space, or volume, except for improvements and expansions specified in subsections (a), (b) and (c) (Improvements and Expansions Allowed), below. A nonconformity may be maintained provided that no structural alterations shall be made to structural supporting members (i.e., bearing wall, column, beam, girder, rafter, joist), except as required for health and safety as determined by the Building Official. (b) Improvements and Expansions Allowed.
(1) The addition of one accessory structure related to a conventional single-family dwelling provided that all structures shall comply with all other regulations of the zone (This does not apply to accessory dwelling units);
(2) The addition of animal sheds or shades, hay barns, etc. for agricultural operations where there is no increase in animals, wastewater, or employees;
(3) The continued use and expansion of certain nonconforming communications buildings and structures (including, but not limited to, radio towers, wireless facilities, and antennas) that directly or indirectly provide or support emergency services within the County (including, but not limited to, the broadcast of Emergency Alert System messages or public agency communications) may be allowed subject to the approval of a conditional use permit in compliance with Article VI, Division 4 and the following findings; (i) That the improvement and/or expansion of the nonconformity is directly or indirectly related to the provision of emergency services within the County and will provide these services for the lifetime of the project;
(ii) That the improvement and/or expansion of the existing nonconforming building or structure will not result in an increase of more than 100 percent of the original floor area of the nonconformity, not including the floor area of any previously approved expansions; and (iii) That the improvement and/or expansion of the nonconformity would not be detriment to the public health, safety and general welfare.
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DIVISION 2 NONCONFORMING PARCELS *NEW*
26-174 Continuation of Nonconformities
The following shall apply to all nonconforming parcels existing at the effective date of this Development Code Ordinance or at the effective date of any subsequently adopted ordinance or regulation, unless said ordinance or regulation expressly provides otherwise.
(a) Any improved nonconforming parcel may not be further developed with any additional structure. Any existing structures on a nonconforming parcel shall be considered a nonconforming structure and be subject to the provisions of this article.
(b) Any lawfully created parcel that becomes nonconforming with regard to parcel area, street frontage, parcel width, parcel depth, or accessibility may continue indefinitely with such nonconformity and may be developed and use as if it were a conforming parcel.
(c) Exemptions to the requirements of this section shall apply to parcels that are:
(1) Public utility parcels so long as said parcels are directly involved in providing public utility services. (2) A parcel made nonconforming solely by reason of a dedication to or acquisition by the City or other governmental agency, directly or by eminent domain, for a public purpose; or (3) An undeveloped parcel which was lawfully created but by reason of any subsequently adopted ordinance or regulation does not allow to conform to the provisions of this code applicable to the zone in which the parcel is situated.
DIVISION 3 NONCONFORMING SIGNS *NEW*
26-175 General
The following provisions shall apply to all identification signs, on-site commercial or industrial advertising signs, public or quasi-public directional signs, shopping center identification signs, shopping center directory signs, temporary real estate signs and temporary portable advertising signs in public parks, schools and playgrounds:
(a) No lawful sign existing at the time of the passage of this Development Code shall be enlarged, altered, reconstructed or replaced unless the enlarged, altered, reconstructed sign or replacement sign conforms to all the provisions of this Development Code; provided, however, reasonable repair and maintenance shall be permitted.
(b) The foregoing provisions shall also apply to nonconforming signs in districts hereafter changed or established and any time limit for the suspension of a nonconforming sign shall date from the date of the enactment of this Development Code or any amendment of district boundaries which may make the signs nonconforming.
DIVISION 4 NONCONFORMING STRUCTURES
26-176 Continuation of Legal nonconforming Structures
The following shall apply to all nonconforming structures existing at the effective date of this division, or at the effective date of any subsequently adopted ordinance or regulation unless said ordinance or regulation expressly provides otherwise.
(a) Any nonconforming residential structure in any residential zone may be continued and maintained, except as otherwise provided in this section, provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee, and which do not enlarge the structure, and further provided:
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(1) In the event of involuntary destruction of a nonconforming residential structure in a residential zone, the cost of reconstruction at the time of the involuntary destruction does not exceed 50% of the cost of replacing the entire structure, as determined by subsection (d)(6) of this division, except as provided in subsections (a)(2) and (3) below.
(2) In the event of involuntary destruction of a nonconforming residential structure as set out in division (a)(1) above, the structure may be rebuilt if the owner can demonstrate to the satisfaction of the Community Development Director or their designee, the following:
(i) Rebuilding will not enlarge the size of the structure nor increase the extent of non-conformance. (ii) The rebuilt structure will be appropriate to the site and be compatible with existing structures in the neighborhood; and
(iii) The structure was properly maintained, as required by health, safety and building codes and other titles of this Code and Development Code, immediately prior to the destruction. (iv) Plans for reconstruction shall be submitted for plan-check within one year from the date of destruction. The property owner shall remain active in pursuing the building permits. The building permits shall be obtained and construction commenced within 6 months of building plan-check approval.
(3) Nonconforming residential structures located in any residential or mixed-use zone involuntarily destroyed in whole or in part shall be exempt from the provisions of this division, except that reconstruction or repair shall not increase the size nor alter the configuration of the nonconforming structure, nor increase the extent of any nonconformity.
(4) In no case shall a nonconforming residential structure located in any residential or mixed-use zone involuntarily destroyed in whole or in part be required to comply with the development standards and other requirements of the zoning designation in which the residential or mixed-use structure is situated. (5) In no case shall the passage of time, in and of itself, cause the termination of any nonconforming residential structure in any multi-family residential zone, unless the City Council shall make a subsequent determination to the contrary.
(6) Any part of a structure housing a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used nor occupied by any nonconforming use. (b) Nonconforming nonresidential structures in any residential zone may be continued and maintained, except as otherwise provided in this subsection, and provided there is no physical change to the structure except for such repair and maintenance as may be required for the structural integrity of the structure, or as may be required by law as determined by the Community Development Director or their designee, which do not enlarge the structure; and further provided:
(1) The entire structure does not remain unoccupied for six consecutive months or more. (2) In the event of involuntary destruction of the structure, the cost of reconstruction does not exceed 50% of the cost of replacing the entire structure, pursuance to subsection (d)(6) of this division. (3) Any part of the structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used by a nonconforming use. (4) In addition to the causes of termination set out in subsections (b)(1) and (2) of this division, a nonconforming non-residential structure in any residential zone shall be altered and converted to a conforming structure, or completely removed, when such structure as reached the age of 40 years, computed from the date the structure was constructed.
(5) Plans for reconstruction shall be submitted for plan-check within 6 months from the date of destruction.
The property owner shall remain active in pursuing the building permits. The building permits shall be obtained, and construction commenced within 6 months of building plan-check approval.
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(c) Nonconforming structures in nonresidential zones may be continued and maintained except as otherwise provided in this subsection, and provided there is no physical change in the structure except for such repairs and maintenance as may be necessary for the structural integrity and safety of the structure, or as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee, and which do not enlarge the structure, and provided that:
(1) Any nonconforming structure in a nonresidential zone shall terminate if the entire structure is unoccupied for six consecutive months.
(2) In the event of involuntary destruction, the nonconforming structure shall terminate if the cost of reconstruction at the time of the involuntary destruction exceeds 50% of the cost of replacing the entire structure, pursuant to division (d)(6) of this section. (3) Any nonconforming structure shall terminate if there is physical deterioration of the structure requiring more than ordinary repair as may be necessary for structural integrity or safety as determined by the Community Development Director or their designee.
(d) General provisions which shall apply to any nonconforming structure in any zone, unless specifically excluded by other provisions of this subsection, shall include:
(1) Any structure or part of a structure occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used or occupied by a nonconforming use. (2) When a single project including, but not limited to, an apartment project, shopping center or mall, consists of two or more separate buildings or structures situated on one or more Parcels, the nonconformity of any single building pursuant to this subsection shall be considered the nonconformity of that entire single project and the entire project shall be governed by the applicable provisions of this subsection. (3) Any reconstruction, maintenance, repair or alteration authorized or permitted by this subsection to any nonconforming structure must comply with all other applicable requirements of this code at the time such work is performed, and the extent of nonconformity may not be intensified, nor any other changes made in the size or configuration of the structure, except as specifically provided in this subsection. (4) Any nonconforming structure shall terminate if there is physical change to the structure other than such repairs as may be necessary to maintain the structural integrity or safety of the structure, but do not enlarge, increase the total floor area or alter the structure, and such alterations as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee. (5) Any nonconforming structure involuntarily destroyed that is permitted to be reconstructed or repaired pursuant to this subsection, shall submit plans for reconstruction for plan-check within 6 months from the date of destruction. The property owner shall remain active in pursuing the building permits. The building permits shall be obtained, and construction commenced within 6 months of building plan-check approval.
Otherwise, the legal nonconforming status of the structure shall be lost. (6) Whenever a determination of the cost of replacing a structure or the cost of reconstruction is required to be made, that determination shall be made by the Community Development Director or their designee, based on a current appraisal of the structure, provided at the owner’s expense, by a California licensed and certified appraiser.
(7) Repair or reconstruction of a damaged nonconforming structure shall not extend the specified termination date of the structure, nor of the existing use .
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(8) A nonconforming structure may be remodeled provided:
(i) There is no increase in the total size, the height or the useable floor area of the structure; (ii) There is no increase in the extent of nonconformity; and (iii) There is no new nonconformity created.
(e) Exemptions to the requirements of this subsection shall apply to structures that are:
(1) Public utility structures so long as said structures are directly involved in providing public utility services; or (2) A structure made nonconforming solely by reason of a dedication to or acquisition by the City or other government agency, directly or by eminent domain, for a public purpose.
DIVISION 5 NONCONFORMING USES
26-177 Continuation of Legal Nonconforming Uses
The following shall apply to all nonconforming uses existing at the effective date of this subchapter or at the effective date of any subsequently adopted ordinance or regulation, unless said ordinance or regulation expressly provides otherwise.
(a) Any nonconforming use within in a conforming structure may be continued and maintained except as otherwise provided in this subchapter, and further provided:
(1) There is no enlargement, alteration, addition or expansion of any portion of the structure in which the nonconforming use is situated, except for such repair as may be necessary for structural integrity or safety, or such alteration as may be required by law, the applicability of which shall be determined by the Community Development Director or their designee.
(2) There is no addition to, nor intensification of, the nonconforming use. (3) There is no addition to, nor change to, any other nonconforming use. (4) The nonconforming use is maintained in compliance with the health and safety codes and other titles of the City code and ordinances.
(5) The nonconforming use shall terminate if it is discontinued for a period of 120 consecutive days or more. (6) A nonconforming use may be changed to another use if the proposed use is permitted in the zone in which the existing nonconforming use is situated and all requirements of this code in effect at the time of the proposed change in use are satisfied. Once changed, said nonconforming use may not be reestablished. (7) If the structure in which the nonconforming use is situated is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within 120 days of completion of repair or reconstruction of the structure in which it was situated.
(b) Any nonconforming use situated within a nonconforming structure may be continued and maintained, so long as it complies with the provisions of subsection A of this section, and as otherwise provided in this subsection, and further provided:
(1) If the nonconforming structure in which the nonconforming use is situated in is involuntarily destroyed, in whole or in part, causing the involuntary discontinuance of the nonconforming use, the nonconforming use shall terminate if it has not been reestablished within 120 days of completion of repair or reconstruction of the structure in which it was situated. (2) A nonconforming use located in a nonconforming structure may be changed to another use if:
(i) The proposed use is permitted in the zone in which the existing use is situated; (ii) The proposed use will not require any enlargement nor alteration of the structure occupied by the proposed use; and
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(iii) The parking requirements in effect at the time of the change for the proposed use are satisfied. (3) The change of a nonconforming use situated in a nonconforming structure to a conforming use shall not extend the termination date of the nonconforming structure as provided in this subsection, nor in any subsequently adopted ordinance or regulation.
(4) The nonconforming use shall terminate if it is discontinued for a period of 120 consecutive days or more.
DIVISION 6 ABATEMENT AND EXTENSION OF NONCONFORMING USES, STRUCTURES AND
PARCELS
26-178 Purpose and Intent
The abatement or extension of nonconforming uses, structures or parcel process is established to provide a means by which to establish the period within which a nonconforming use, structure or parcel must comply with current regulations of this title, and to allow for the extension of such abatement period. 26-179 Applicability and Permit Requirements
All uses, structures and parcels determined by the Community Development Director or their designee to be nonconforming shall require a hearing before the Planning Commission to establish the appropriate abatement period. Abatement periods may be extended by the Planning Commission. Early termination of a nonconformity may be initiated by order of the Planning Commission or City Council for public health, safety, and welfare purposes. Such actions shall be processed pursuant to standard procedures in this article and Development Code. 26-180 Required Findings
(a) Abatement and Extension
(1) In establishing the amortization period for a nonconforming use, structure or parcel, the Planning Commission shall consider competent financial data such as the depreciation schedule attached to the owner’s latest federal income tax return. Findings shall be made as to whether or not the balancing of the public interest and the request by the owner for continuance, alteration, or expansion of the nonconformity requires a deviation from the City’s development standards. (2) To grant an extension to the abatement period for a nonconformity, the Planning Commission shall find that an unreasonable hardship would otherwise be imposed on the property owner if such an extension were not granted.
26-181 Conditions
The Planning Commission may impose conditions to ensure maintenance of an equitable balance of the public interest and the interests of the property owner.
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ARTICLE VI. PERMIT PROCESSING PROCEDURESPROCEDURE,
HEARINGS, NOTICES, FEES, AND CASES
DIVISION 1 GENERAL PROVISIONSGENERALLY
26-182 Application forms and materialsForm of application and type of required information The Community Development Director or their designee shall prepare and issue application forms and lists that specify the information that will be required from applicants for projects subject to the provisions of this Ordinance.
The Director shall require the submission of supporting materials as part of the application, including but not limited to statements, photographs, plans, drawings, renderings, models, material samples, contextual drawings, massing diagrams and/or models, site development history information, and other items necessary or relevant (e.g., easements, prior site zoning) to describe existing conditions and the proposed project and to determine the level of environmental review pursuant to the California Environmental Quality Act. The planning commission shall prescribe the form in which applications are made for changes in zone boundaries or classifications, for variances, conditional use permits, administrative use permits, or approval of precise plans of design. It may prepare and provide blanks for such purpose and may prescribe the type of information to be provided in the application by the applicant. No application need be accepted unless it complies with such requirements. 26-183 Applications a part of permanent record
Applications filed pursuant to this chapter shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the agency to which application is made, and there shall be attached thereto and permanently filed with copies of all notices and actions with certificates or affidavits of posting, mailing or publications pertaining thereto.
26-184 Filing Fees
The City Council shall approve by resolution a Municipal Fee Schedule that establishes fees for permits, appeals, amendments, informational materials, penalties, copying, and other such items. These fees may be amended by the City Council by legislation.
If, pursuant to the guidelines and procedures for evaluating environmental impacts of proposed projects, the Community Development Director or their designee declares that a proposed action is not categorically exempt from the provisions of the California Environmental Quality Act of 1970, the developer shall be required to pay the California Department of Fish and Wildlife and County recording fee established by a resolution of the City Council at the time the application to prepare or process required environmental impact documents is accepted. 26-185 Multiple Applications
(a) Multiple applications needed for the same project (e.g., a precise plan and zone change) must be filed and processed concurrently.
(b) When multiple applications for one (1) project are filed concurrently and subject to different approval authorities, the highest approval authority shall act on all the applications. If the different approval authorities are the Planning Commission and the City Council, the Planning Commission shall make a recommendation on the applications to the City Council.
26-186 Setting Hearings
(a) All proposals for amending zone boundaries or classifications of property uses within such zones, General Plan amendments, conditional use permits, precise plans, amendments and rezones as are defined by this chapter, or the granting of variances (except minor modifications), as provided in this chapter, shall be set by the City of West Covina
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secretary of the Planning Commission for public hearing when such hearings are to be held before the Planning Commission, by the clerk of the City Council when such hearings are to be held by it. (b) All proposals requiring a hearing as provided in this Article shall be considered by the Community Development Director or their designee in a public hearing when such hearings are to be held before. A hearing will only take place if a request for such hearing is made with the Planning Division within the ten (10) day public review period. If such a request is received, a notice shall be mailed in accordance with section 26-187. If no request for hearing is received within the stated time, the Community Development Director or their designee shall have the authority to approve, approve with conditions, or disapprove the proposal without benefit of a hearing.
Conversely, the Community Development Director or their designee may elect to not rule on the proposal prior to noticing and transfer the matter directly to the Planning Commission, to be heard within thirty (30) days from the date this election by the Community Development Director or their designee is provided in writing to the applicant. All times as set out herein shall be calendar days unless otherwise indicated. 26-187 Notices
Notices of public hearing stating the type of application or nature of proposal, general description of property under consideration, and the time and place at which the public hearing is to be held shall be given in the following manner:
(a) For a reclassification of property from one zone to another, redesignation of a property from one (1) General Plan land use designation to another or for a variance (except minor modifications), conditional use permit, precise plan or special exception (Downtown Plan):
(1) At least thirty (30) days prior to the date of the hearing, a public notice shall be posted at the project site per subsection (e) below.
(2) A notice of public hearing shall be mailed to the applicant or his/her agent, the owner of the property and owners and occupants of all property within a radius of five hundred (500)three hundred (300) feet from the property lines of the site under consideration, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing; and (3) Notice of the hearing shall be mailed or delivered at least ten (10) days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected. (b) For amendments, supplements or changes to the Development Code that do not reclassify any property from one (1) zone to another but do impose, change, or remove any new regulation on the use or development of property and for amendments to the General Plan text:
(1) At least ten (10) days prior to the date of the hearing, a public notice shall be published in a newspaper having general circulation in the City.
(c) Public Utility Facilities, including Wireless Telecommunications facilities, that require approval by the Planning Commission shall require:
(1) At least thirty (30) days prior to the date of the hearing, a public notice shall be posted at the project site per subsection (f) below.
(2) A notice of public hearing for public utility facilities shall be mailed to the applicant or his/her agent, the owner of the property and owners of all property within a radius of one thousand (1,000) feet from the subject site’s property lines, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.
(d) Public Utility Facilities, including Wireless Telecommunications facilities, that require approval by the City Council shall require:
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(1) At least thirty (30) days prior to the date of the hearing, a public notice shall be posted at the project site per subsection (f) below.
(2) A notice of public hearing for public utility facilities shall be mailed to the applicant or his/her agent, the owner of the property and owners of all property within a radius of one thousand (1,000) feet from the subject site’s property lines, using for this purpose the name and address of such owners as shown upon the latest available assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to the date of the public hearing.
(e) For administrative permits (if public notification and public hearing is required per use or by request):
(1) A notice that describes the proposed project and indicates the length of the public review period (including the last date that a request for a public hearing may be given to the planning department) shall be mailed to owners and occupants of surrounding property as indicated below. The public review period shall extend for ten (10) days from the date that the initial notice was mailed. If a request for a hearing is received during the specified time, a notice shall be mailed a minimum of ten (10) days prior to the date of the hearing, indicating the date, time, and location of the scheduled public hearing. (2) Five-hundred-footThree-hundred-foot noticing radius: Notices shall be mailed to the property owners and occupants of the subject site and owners all properties within a radius of five hundred (500)three hundred (300) feet from the property lines of the site under consideration unless otherwise provided for in the sections below.
(3) For secondary driveways notices shall be mailed to the property owners and occupants of the subject site and to the two (2) properties on both sides of the subject site. (4) For sign exception review, outdoor uses within the outdoor uses overlay zone, and canopy structures notices shall be mailed to the property owners and occupants of the subject site and all properties within a radius of one hundred (100) feet from the property lines of the site under consideration. (5) For animal keeping approvals as described in Section 26-111 shall require notices to be mailed to all property owners and occupants of the subject site and all property owners or occupants of properties within the overlay zone and any property owners or occupants of properties that are adjacent to the subject site and share a property line for improvements in the lower pad area (the portion of land at the rear of the properties that is at approximately the same elevation as the rear property line and is relatively level).
(6) Public notification is not required for the following applications:
(i) Shopping Cart Containment Review
(ii) Trash Enclosure District Review
(iii) Accessory Massage Use
(iv) Incidental Beer and Wine Service for a Restaurant (Bona Fide Eating Place) (v) Garage/Storage Shed height increase
(vi) Small Wireless Facilities in the Public Right-of-Way (f) On-site public notice standards
(1) The following projects require an on-site posting that meet the requirements of Section 26-187 (f) (2) through (5):
(i) Commercial properties- new developments and where new square footage is added (Projects with additions of under 10,000 square feet will be at the discretion of the Community Development Director.
(ii) Residential properties for developments with five (5) or more units (iii) Freestanding Wireless facilities- any new freestanding wireless towers proposed.
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(iv) Tentative Tract Maps
(2) At least thirty (30) days prior to the date of the hearing, a public notice shall be posted at the project site, at the direction of the Planning Department. No public hearing will be scheduled until the notice has been posted on the property. The sign must meet the following standards:
(3) The sign shall be installed within five (5) feet of the property line. If on a corner, the sign should be posted at an angle so long as the sign is five feet from the property line of both streets.
Figure 6-1 On-site Notification Sign on Corner Property *NEW* (4) The sign shall be a minimum of 3 feet in width by 5 feet in height and may be double sided if installed perpendicular to the street. The sign shall be mounted on 4-inch by 4-inch posts. The bottom of the sign shall be at least 2 feet, but no more than 3 feet above the ground level. The required text and format are shown below. The “Public Hearing Notice” text shall be at least 3.5-inches and the remaining text shall be at least 1.25-inches in height.
(5) The banner area at the top of the Notice shall be in red (with letters in white) and all other text shall be printed in red.
Figure 6-2 On-site Notification Sign Example*NEW*
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(6) The sign must contain a general explanation of the proposed project, the applicant’s identification and contact information as provided on the application submitted to the City, and contact information for the approval authority.
26-188 Establishment of public hearing rules for conduct Each hearing body may establish its own rules governing the conduct of public hearings. 26-189 Hearings may be continued without recourse to public notice If, for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing, the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued, and no further notice shall be required. 26-190 Permanent files shall include summary of testimony A summary of all pertinent testimony at the public hearing held in connection with an application filed pursuant to this chapter, and the names of persons testifying shall be recorded and made a part of the permanent files of the case, but a failure to observe requirements of this section shall not affect the validity of any action. 26-191 Planning Commission decision and findings
The Planning Commission, following the termination of the public hearing, shall:
(a) Announce its decision to approve or deny the application by resolution which shall clearly state the facts and reasons for the decision rendered and any conditions or limitations imposed. (b) Within thirty (30) days after adoption of said resolution, whether the application is approved or denied, notify the applicant by mailing a copy of the resolution to the address on the application and to any other person who has filed a written request for such notification.
(c) Keep all reports as permanent record in the files of the Planning Division. 26-192 Effective date of Planning Commission decision
(a) All decisions of the Planning Commission except recommendations for general plan amendments, recommendations regarding zoning amendments and recommendations regarding zone changes to the City Council (e.g. for General Plan amendments) shall become final and effective after the expiration of the appeal period as set forth in section 26-193, below.
(b) Recommendations regarding zoning amendments or zone changesto the City Councilshall be transmitted to the City Council who shall conduct a duly advertised public hearing on the matterwithin forty-five (45) days following receipt of the resolution.
(c) Recommendations approving or denying general plan amendments shall be transmitted to the city council who shall conduct a duly advertised public hearing on the matter. 26-193 Appeal procedure
(a) Appeals may be submitted by anyone, must be in writing, must include specific reasons for the appeal, and must be accompanied by the fee set by City Council resolution. (b) Decisions of the Community Development Director or their designee or Planning Commission subcommittee for design may be appealed to the Planning Commission. The decision of the Planning Commission on the appeal is final, unless after written request is made to the City Council, the City Council approves the request for appeal to the City Council.
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(c) Decisions of the Planning Commission may be appealed to the City Council, except as provided in subsection (b).
(d) A timely appeal suspends and sets aside the decision of the lower authority. (1) Appeals of the Community Development Director or their designee decisions must be submitted to the Planning Division no more than ten (10) calendar days after approval of a written decision, unless otherwise provided in this code.
(2) Appeals of the planning director decisions regarding administrative use permits and sign administrative reviews must be submitted to the Planning Division no more than ten (10) calendar days after approval of a written decision, unless otherwise provided in this code. (3) Appeals of Planning Commission decisions and written requests for an appeal hearing by the City Council must be submitted to the city clerk no more than ten (10) calendar days after adoption of a resolution of approval or denial.
(4) The appeal period commences on the day after approval of a written decision and ends at the close of the business day on the tenth calendar day, including the day of commencement. If the tenth day falls on a day that the City is closed to for business, the period is extended to until the close of the business day of the next day the City is open for business.
(e) Once an appeal has been properly and timely filed and notice of the hearing has been mailed or published, the appeal may not be withdrawn without the consent of the body to which the appeal has been made. (f) The City Council or Planning Commission, as the case may be, shall conduct a public hearing on the appeal within forty-five (45) sixty (60) days from the filing of the appeal or approval of a request for an appeal hearing or as otherwise specified by the City Council or Planning Commission, or agreed upon by the appealing party. Notice of the public hearing shall be given as provided in section 26-187. (g) When considering an appeal, the City Council or Planning Commission shall hear the appeal as a de novo hearing.
The City Council or Planning Commission may approve, deny or modify the matter appealed. 26-194 Referral back to Planning Commission
(a) The City Council may, because of making substantial changes, or because of a desire for additional information, or due to the submission of significant new material or evidence, refer the matter back to the Planning Commission for further study and report. At the time of referral, the City Council shall specify a time period within which the Planning Commission is required to report back to the City Council. If so referred, the Planning Commission secretary shall state to the City Council the date upon which said matter will appear on the Planning Commission agenda, whereupon said date shall immediately be publicly announced by the City Council. (b) The Planning Commission report to the City Council shall be considered in public hearing before the City Council after renotifying in exactly the same manner as the original appeal. 26-195 Planning Commission Failure to Report
Failure of the Planning Commission to report back to the City Council within the time period specified by the City Council shall be deemed an approval by the Planning Commission of City Council changes or actions. 26-196 City Council Call-Up Procedures
Notwithstanding any appeal procedures or any other procedures provided by law, the City Council by four-fifths vote may call for the review of the following decisions of the Planning Commission at the City Council meeting immediately following the Planning Commission’s meeting where the decision was made:
(a) Any conditional use permit for commercial projects; (b) Any tentative tract map approval;
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(c) Any variance approval;
If called-up for review by the City Council, the item will be heard de novo at a future City Council meeting. If the City Council does not vote, the decision of the Planning Commission shall be final. All provisions for notice and hearing applicable to the Planning Commission for that type of decision shall apply to the City Council in conducting its review; provided, however, that if an appeal from a decision has been properly filed, the matter shall be conducted as an appeal subject to all applicable requirements for such appeals, rather than a review subject to this section. 26-197 City Council decision and findings
The City Council, following the termination of the public hearing shall:
(a) Announce its decision to approve, modify or deny the application or appeal by resolution or ordinance which shall clearly state the facts and reasons for the decision rendered and any conditions or limitations imposed. (b) Within ten(10)thirty (30) days after the City Council adopts the resolution or ordinance stating whether the application is approved or denied a copy of the resolution or ordinance shall be mailed to the applicant at the address shown on the application and to any other person who has filed a written request for such notification. 26-198 Decision of the City Council
(a) Action by the City Council on an application or appeal shall be by majority vote of a quorum of the City Council and shall be final and conclusive. Any ordinance or resolution of the City Council shall require three (3) affirmative votes of the City Council.
(b) If a City Council vote on an application result in a tie, or if the City Council does not take action on the application, such tie vote or lack of action shall constitute a denial of the application. (c) If a City Council vote on an appeal results in a tie, or if the City Council does not take action on the appeal, the decision of the Planning Commission shall stand.
26-199 Refiling projects
A denied project may not be resubmitted to the City for review and approval in substantially the same form for at least one (1) year from the date of denial.
Table 6-1 Authority for Land Use and Zoning Decisions *NEW* Type of Permit Procedure Section
Community
Development Director
Planning
Commission
City
Council
Reasonable Accommodation Article VI Division 2 Decision Appeal Precise Plan Article VI Division 3 Recommendation Decision Appeal Conditional Use Permit (private property) Article VI Division 4 Recommendation Decision Appeal Conditional Use Permit (public property) Article VI Division 4 Recommendation – Decision Variances Article VI Division 5 Recommendation Decision Appeal Administrative Permit Article VI Division 6 Decision* Appeal Minor Modification Article VI Division 7 Decision * Appeal Film Permit Article VI Division 8 Decision Appeal Appeal Second Unit Review (ADU) Article VI Division 9 Decision – – Preservation, Protection, & Removal of Trees Article VI Division 10 Decision* Appeal Appeal * If associated with a development application, the decision body of the development applications shall determine the decision. If the subject project is located in the Public Right-of-Way, then City Council is the decision body for the appeal.
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DIVISION 2 REASONABLE ACCOMMODATION [EX. DIVISION 13 OF ARTICLE VI] 26-200 Purpose
(a) The purpose of this Division is to establish a formal procedure for individuals with disabilities and their representatives to request reasonable accommodation, as provided by the federal Fair Housing Act, the Americans with Disabilities Act, and California’s Fair Employment and Housing Act (the “Acts”). (b) Reasonable accommodation means providing a modification to the application of City rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling.
26-201 Applicability
A request for reasonable accommodation allows an individual, his or her representative, or a developer or provider of housing, to seek relief from any City rule, policy, practice, or service, including but not limited to land use regulations and procedures found in Chapter 26 (Zoning) of the Municipal Code, that may be necessary to ensure equal access to housing for an individual with a disability. 26-202 Procedures
(a) Requests for reasonable accommodation shall be in writing on an application provided by the planning department, or in another manner deemed acceptable to the Community Development Director or their designee.
(b) If the project for which a request for reasonable accommodation is being made also requires some other approval, permit or entitlement under this chapter, the applicant shall file the request together with the application for such approval, permit or entitlement.
(c) In addition to any other information that is required under this chapter, an applicant for reasonable accommodation shall provide the following information:
(1) Applicant’s name, address and telephone number;
(2) Address of the property for which the request is being made; (3) The current actual use of the property;
(4) The ordinance, resolution, Municipal Code section, policy, rule, or other City provision for which modification is requested;
(5) A description of why the modification is reasonably necessary to make the specific housing available to the person(s), including information establishing that the applicant is disabled under applicable laws; and (6) Such other relevant and permissible information as may be requested by the director of planning and development or his or her designee.
26-203 Review Authority
(a) Community Development Director review. The Community Development Director or their designee shall, within twenty (20) days of the application deemed as complete, grant, grant with conditions, or deny an application/request for reasonable accommodation.
(b) Other reviewing authority. If the application for reasonable accommodation is submitted for concurrent review with another application for approval, permit or entitlement under this chapter, the decision to grant, grant with modifications, or deny the application shall be made by the authority taking action on such other application. The decision to grant, grant with modification, or deny the request for reasonable accommodation shall be made in accordance with section Article VI, Division 2.
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26-204 Criteria for consideration
(a) The following factors shall be considered in making a determination regarding the reasonableness of any request for reasonable accommodation under this Division:
(1) The need for the requested modification, including alternatives that may provide an equivalent level of benefit;
(2) The physical attributes of and any proposed changes to the subject property and structures; (3) Whether the requested modification would impose an undue financial or administrative burden on the City;
(4) Whether the requested modification would constitute a fundamental alteration of the City’s General Plan, applicable specific plan, zoning or subdivision program; (5) Whether the requested modification would result in a concentration of uses otherwise not allowed in a residential neighborhood to the substantial detriment of the residential character of that neighborhood; (6) Whether the requested modification is being provided primarily to benefit one (1) or more persons with a disability;
(7) Whether the requested modification is necessary for therapeutic benefit to the person(s) with a disability; (8) Whether the requested modification would result in a substantial increase in traffic or insufficient parking; (9) Whether the requested modification would significantly deprive any neighboring property owners of the use and enjoyment of their own properties;
(10) Whether there are preferable and/or feasible alternatives to the requested accommodation that may provide an equivalent level of benefit;
(11) Whether proposed changes to property or structures are compatible with surrounding development or create potential impact(s) on surrounding uses;
(12) Whether the findings of section 26-205(b) exist; and (13) Any other factor that may have a bearing on the request. 26-205 Decision and findings
(a) An application for reasonable accommodation may be granted, granted with modifications, granted with conditions, or denied. Any such decision shall be in writing supported with findings and conclusions addressing the criteria set forth in section 26-204.
(b) A written decision granting an application for reasonable accommodation shall, in addition to the findings described in subdivision (a) of this section, include the following findings:
(1) That the dwelling, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the Acts;
(2) That the requested modification is necessary to make the dwelling available to an individual with a disability protected under the Acts;
(3) That the requested modification would not impose an undue financial burden on the City; (4) That the requested accommodation would not require a fundamental alteration in the nature of the City’s overall land use and zoning; and
(5) That the accommodation will not result in a direct threat to the health and safety of other persons or physical damage to the property of others.
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26-206 Conditions of Approval
(a) In granting a request for reasonable accommodation, the Community Development Director or their designee or other reviewing authority may impose conditions of approval deemed reasonable and necessary to ensure that the modifications will comply with the required findings found in section 26-205(b). Conditions of approval for reasonable accommodation request may, where appropriate, provide for any or all of the following:
(1) Inspection of the affected premises by the City to verify compliance with this Division and any conditions of approval;
(2) Removal of the permitted improvements by the applicant where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists; (3) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists; and
(4) Prior to the issuance of any permits pertaining to an approved reasonable accommodation, the Community Development Director or their designee may require the applicant to record a covenant in the county recorder’s office acknowledging and agreeing to comply with terms and conditions established in the decision. The covenant shall be required only if the Community Development Director or their designee finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been approved.
26-207 Compliance with existing regulations
In order to be eligible for consideration for a reasonable accommodation, the property must be in compliance with the then existing laws and regulations applicable to the property except that which is the subject of the reasonable accommodation request. If the non-compliance is through no fault of the applicant, the director may waive this requirement. However, such a waiver shall not preclude the City from requiring that the existing violations be corrected in accordance with the City Code and all applicable rules and regulations. 26-208 Service of written decision and appeals
(a) The written decision described in section 26-205 shall be served on the applicant and shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. (b) Any decision on a request for reasonable accommodation may be appealed in the manner described in section 26-193.
26-209 Duration of Reasonable Accommodation
A grant of reasonable accommodation approved pursuant to this Division may continue to be used and maintained by an individual with a disability for the duration of his or her occupancy. Within sixty (60) days of the termination of such occupancy, the subject modification shall be removed unless the Community Development Director or their designee has determined that the conditions for reasonable accommodation may remain as provided in section 26- 203.
DIVISION 3 PRECISE PLAN [EX. DIVISION 2 OF ARTICLE VI]
26-210 When required.
(a) A precise plan shall be approved or conditionally approved by the Community Development Director or Planning Commission, as set forth herein or in the sections applicable to the application at issue, before the issuance of any building permit for the new construction or expansion of an existing use in any zone as indicated in Article II of this Chapter. No person shall commence any use for which a conditional use permit is required or any use in any zone not permitted by right in either the R-A or R-1 zone, and no building permit shall be issued for any structure to be used for or in conjunction with any such use, until a precise plan covering the parcel or parcels City of West Covina
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to be used shall be approved and adopted as herein provided. No person shall commence any use for which a conditional use permit is required or any use in any zone not permitted by right in either the R-A or R-1 zone, and no building permit shall be issued for any structure to be used for or in conjunction with any such use, until a precise plan of design covering the parcel or parcels to be used shall be approved and adopted as herein provided.
(b) Notwithstanding any provision of the Uniform Building Code, no grading permit shall be issued for the grading or excavation of any land, until a precise plan, or other related actions covering the property proposed to be graded or excavated has been approved and adopted as herein provided. This subsection (b) shall not apply to the grading or excavation required in connection with:
(1) The construction of a swimming pool on property in the R-A or R-1 zone, or (2) The movement of less than fifty (50) cubic yards of earth, or (3) The grading of any parcel of property outside of the hillside overlay zone so as to improve the land for emergency drainage purposes.
26-211 Contents
The precise plan required by this Division shall specify and include:
(a) The location, size, height, and type of all structures including signs, architectural lighting, walls and fences. (b) The location, size and dimensions of all yards and setbacks and all spaces between structures. (c) The plan of the proposed parking area for the development to which the parking is accessory. The plan shall be drawn to an engineering scale of sufficient size to clearly indicate the proposed development including location, size, shape, design, curb cuts, lighting, drainage, paving, parking stalls, landscaping, and other features and appurtenances of the proposed parking lot.
(d) The location, dimensions, and method of improvement of all property to be dedicated to the public or to public utilities.
(e) Examples of proposed architectural treatment in the form of perspectives and elevations, lighting, and such other data as may be required by the Planning Commission or Community Development Director or their designee in evaluating the proposed development shall be required and become an integral part of such a submittal.
(f) The general location, area and type of landscaping in multi- family zones, OPMU, NMU, SMU, or for any use specifically permitted in said zones, or for any use for which a conditional use permit is required. (g) General nature of the proposed use.
26-212 Approval or rejection
(a) Any precise plan required by this Division may be rejected, approved, modified, and approved, or approved subject to conditions. Any such precise plan of design after approval, may be amended, in the same manner as a precise plan of design is first approved hereunder.
(b) For eligible SB35 projects, the Community Development Director shall approve or deny the ministerial Precise Plan based on the West Covina Multi-Family Objective Design Standards (2022) adopted by the City. Within 30 days of such action, the Community Development Director shall prepare a report to the Planning Commission, providing a description of the project and the nature of the approval. Any such Precise Plan approved under SB35 shall be valid for a period of three (3) years, with one (1) additional extension of time in a one-year increment. The Community Development Director or their designee may approve a one-year extension if the project proponent provides documentation that there has been significant progress toward getting the development construction ready, such as, but not limited to, the filing of a building permit application.
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26-213 Required Findings for a precise plan
(a) The proposed development plans and the uses proposed are consistent with the General Plan and any applicable specific plan.
(b) The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provisions of the Municipal Code.
(c) Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property. (d) The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation.
(e) The proposed development plans and the uses proposed are consistent with the General Plan and any applicable specific plan. The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere with orderly development in the vicinity.
26-214 Approval subject to condition
A precise plan of design may be approved subject to the granting of a change of zone, a conditional use permit, a variance or the approval of a final subdivision map, and the Planning Commission or City Council may require such a precise plan to be submitted prior to the granting or recommending of a zone change, variance or conditional use permit.
26-215 Compliance required
No person shall violate or fail to comply with any approved precise plan of design or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved precise plan of design for the parcel or parcels on which such structure is to be located. In the event any such permit is issued; it shall be null and void and have no further effect. 26-216 Continuation of existing plans
Any precise plan previously approved and in effect, shall remain in effect regardless of any changes to zoning regulations subsequently adopted unless the precise plans are made null and void or amended at the time of adoption.
26-217 Distinction from other precise plans
The precise plans of design referred to herein are not to be confused with or considered to be precise plans as referred to in the Government Code of the state.
26-218 Street frontage requirements.
No building or other structure to be used for any business or commercial purpose shall hereafter be erected unless the frontage of the lot, or parcel of land upon which such building or structure is erected, abuts on one (1) side of a public street between two (2) intersecting streets and unless the front of such building or structure shall abut on and face such public street; provided, however, that, when practical difficulties or unnecessary hardships result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission or City Council may, upon the adoption of a precise plan of design for the development of a particular lot or parcel of land and upon such conditions as it may establish, expressly vary or waive the requirements of this section.
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26-219 Failure to act on a precise plan.
(a) Failure to take any action on an approved precise plan within two (2) years of its effective date will cause such precise plan to expire without further action by the City (unless extended by action of the planning commission) will cause such precise plan to expire without further action by the city.unless granted an extension of time by the Community Development Director if no changes to the zoning code were made, or by action of the Planning Commission. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the precise plan, or to revoke the precise plan pursuant to the procedures set forth Division 12 of this Article. (b) Extension of time in one-year increments, up to a maximum of two (2) additional years, may be granted from the original date of expiration of the precise plan by the Community Development Director (unless the Planning Commission or City Council specifically requested to review any extension of time in the original conditions of approval)Planning Commission when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the Planning DivisionCommission in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been continued. The Planning Commission may impose new conditions on the precise plan, based on changed circumstances, code amendments or oversights disclosed in review of the plan. 26-220 Amendment to a precise plan.
(a) For major revisions – the Planning Commission may grant an amendment to the approved precise plan only after all procedures as set forth for the original application are met except that the request for such amendment must be on the electronic application for a precise plan of design. (b) For minor revisions – the Community Development Director or their designee may approve minor revisions to an approved precise plan which do not adversely affect the public interest or the interest of owners of neighboring properties, substantially alter the plan, or affect any other condition of approval. The minor revisions may only be approved by a Minor Modification as set forth in Division 7 of this Article.
DIVISION 4 CONDITIONAL USE PERMIT [EX. DIVISION 3 OF ARTICLE VI] 26-221 Purpose
The City recognizes that certain types of land use, due to the nature of the use, require special individual review.
Such review is required to determine whether the proposed use, or the location of the use, is compatible with surrounding uses or can be made compatible through the imposition of development conditions. The conditional use permit is established to facilitate such review.
26-222 Conditional Use Permits Reviewed by Planning Commission (a) Planning Commission may grant conditional use permits for projects located within all land-use zones. (b) A conditional use permit may be granted forBecause there are uses that possess unique characteristics and which are impractical to include in a specific zone as a matter of right., a conditional use permit may be granted for such uses.
(c) Notwithstanding any other provisions of this chapter, the Planning Commission, after application therefore and hearing, after notice in the manner provided in Division 1 of this article, may authorize the conditional uses included herein if it finds the proposed location of any such uses will not be detrimental to adjacent property or to the public welfare; and that the uses are essential or desirable to the public convenience and welfare.
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26-223 Conditional Use Permits Reviewed by the City Council (a) The City Council may grant conditional use permits for projects located within the public right-of-way, or City owned properties.
(b) A conditional use permit may be granted for public right-of-way uses that possess unique characteristics and which are impractical to allow as a matter of right.
(c) Notwithstanding any other provisions of this chapter, the Community Development Director of their designee, after application therefor and hearing, after notice in the manner provided in Division 1 of this article, may render a recommendation for City Council consideration. (d) The City Council, after notice in the manner provided in Division 1 of this article, may consider the Community Development Director or their designee’s recommendation and may authorize the public right-of-way conditional uses upon determining that the findings required by Section 19-300 have been met. 26-224 Required findings for conditional use permit
(a) Prior to the granting of a conditional use permit for projects located within all land-use zones it shall be found:
(1) That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community. (2) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.
(3) That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith. (4) That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets. (5) That the granting of such conditional use permit will not adversely affect the General Plan of the City, or any other adopted plan of the City.
(b) Prior to the granting of a conditional use permit for projects located within the public right-of-way it shall be found that the findings required by Section 19-300 have been met. 26-225 Approval or rejection of conditional use permit
Any application for a conditional use permit may be rejected, approved, modified and approved, or approved subject to conditions.
26-226 Existing regulations
As part of a conditional use permit approval, the Planning Commission may require development standards stricter than the regulations of this Code (e.g., less sign area, less building coverage, lower density, increased parking, increased fence or wall height, etc.) when such restrictions will alleviate potential impacts to surrounding properties or achieve greater aesthetic or functional integration and compatibility with neighboring developments. 26-227 Amendment to a conditional use permit
(a) The Planning Commission may grant an amendment to a conditional use permit only after all procedures as set forth for an original application are met except that the request for such amendment may be in letter form in lieu of being placed on the official form of application for a conditional use permit.
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(b) The Community Development Director or their designee may approve a minor modification to a conditional use permit which does not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan for such use, and so long as said slight modification would not affect any other condition of approval. The minor modification may only be approved as set forth in Division 7 of this Article. 26-228 Failure to take action on a conditional use permit (a) Failure to take any action on a conditional use permit within two (2) years of its effective date (unless extended by action of the Planning Commission) will cause such conditional use permit to expire without further action by the City. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that there has been no construction or other action of substantial character taken or if the applicant is not diligently proceeding, the Community Development Director or their designee may give notice of intent to modify the conditional use permit, or to revoke the conditional use permit pursuant to the procedures set forth in Division 12 of this Article. (b) Extension of time in one-year increments, up to a maximum of two (2) additional years, may be granted from the original date of expiration of the conditional use permit by the planning commission community development director (unless the Planning Commission or City Council specifically requested to review any extension of time in the original conditions of approval) when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the Planning CommissionDivision in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been continued. Extensions of time may only be granted if no amendments to the zoning code, zoning map, or General Plan are made that are applicable to the project. If the project was originally approved with a subdivision, the extension of time provisions within Article 8 (Subdivision regulations) shall apply. (c) In the event that the use for which a conditional use permit has been granted is discontinued for a period of six (6) months, the conditional use permit shall be reviewed by the Planning Commission at the property owner’s written request via the submittal of the prescribed form, application materials, and corresponding fee. The Planning Commission may opt to move forward with the revocation procedures or impose additional conditions of approval.
26-229 Revocation
Revocation of conditional use permits shall be conducted in accordance with the procedures contained in Division 12 of this Article.
26-230 Compliance required
No person shall violate or fail to comply with any approved conditional use permit or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved conditional use permit for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.
DIVISION 5 VARIANCE [EX. DIVISION 4 OF ARTICLE VI]
26-231 Purpose
The City recognizes that certain properties, due to their unique shape, size, location or other physical condition cannot be developed in strict conformance with the regulations of this title. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone in which such property is situated. The variance City of West Covina
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procedure is established to provide guidelines and regulations for the granting of relief from certain provisions of this title. However, in no case may a variance be granted to permit a use otherwise not permitted in a zone district. 26-232 Planning Commission may grant variance
When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this chapter result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission shall have authority, as an administrative act, subject to the provisions of this article, to grant, upon such conditions as it may determine, such variances from the provisions of this chapter as may be in harmony with its general purpose and intent, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
26-233 Required findings for variances
Before any variance may be granted, it shall be found:
(a) There are special circumstances (which may include, but are not limited to, size, shape, topography, location, or surroundings) applicable to the property which are not applicable to other property in the property’s vicinity under identical zoning classification.
(b) As a result of the special circumstances, the strict application of the Development Code deprives the property of meaningful privileges enjoyed by other property in the vicinity and under identical zoning classification. (c) Such variance is necessary to allow the property in question to have the same substantial property right possessed by other property in the same vicinity and zone. (d) The granting of such variance will not be materially detrimental to the public welfare or materially injurious to residents or owners of nearby properties.
(e) That the granting of such variance shall be consistent with the adopted General Plan and any applicable specific plans.
(f) The variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property.
26-234 Initiation of variances
Variances may be initiated by:
(a) The verified application of one (1) or more owners of the subject property or by a purchaser or lessee thereof with consent of any such owner which application sets forth fully the grounds for and the facts deemed to justify the granting of the variance.
(b) Action of the City Council.
(c) Action of the Planning Commission.
26-235 Approval or Rejection of Variances
Any variance application under this Division may be rejected, approved, modified, and approved, or approved subject to conditions by the Planning Commission.
26-236 Failure to Act on Variance
(a) Variances approved in conjunction with cases which are dependent on the variance (precise plans, parcel or tract maps, conditional use permits, etc.) shall expire on the same expiration date as the case. Approval of a time extension for such cases shall constitute the approval of a time extension of the variance on which the case is dependent.
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(b) A variance not in conjunction with other cases shall expire without further action by the City if no action is taken on it within two (2) years from date of the resolution granting the variance. If construction work is involved, such work must be actually commenced within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the variance, or to revoke the variance pursuant to the procedures set forth Division 12 of this Article.
(c) Extension of time up to a maximum of two (2) additional years may be granted from the original date of expiration of the variance by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why such variance has not been utilized. (d) In the event the use for which the variance has been granted is discontinued for a period of six (6) consecutive months, the variance approval shall become null and void.
DIVISION 6 ADMINISTRATIVE PERMIT [EX. DIVISION 5 OF ARTICLE VI] 26-237 Purpose
An administrative permit is intended to allow for specified activities and uses, as identified in the various zoning districts, whose effect on the surrounding area cannot be determined before being proposed for a particular location. Applications for administrative permits shall be reviewed for compatibility, configuration, design, location, and potential impacts of the proposed use, and suitability of the use to the site and surrounding area. 26-238 Community Development Director or their designee may grant administrative permit (a) An administrative use permit may be required for certain uses or structures that possess unique characteristics and which should only be approved with benefit of public notice.For administrative permits that do not require public notification the administrative permit may be granted by the Community Development Director or designee at the receipt of a complete application as indicated by Table 1 Authority for Land Use and Zoning Decisions. For administrative permits that require public hearings the following process is required:
(1) After an application is received and public noticenotification is provided in the manner stated in Division 1 of this article, the Community Development Director or their designee shall be authorized to approve, approve with conditions, or disapprove an application for an administrative permit. If a request for a public hearing is received during the public review period, an administrative hearing before the Community Development Director or their designee shall be required. If no request for hearing is received within the specified time, the Community Development Director or their designee shall have the authority to take action on the application without benefit of a public hearing. The approval of anall administrative permits shall be based on the findings as required by the code section pertaining to the requested use or the following:
(i) That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood or community; (ii) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity;
(iii) That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith;
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(iv) That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets; (v) That the granting of such administrative permit will not adversely affect the General Plan of the City, or any other adopted plan of the City.
(b) The Community Development Director or their designee may elect to not rule on a request for an administrative permit and transfer the matter directly to the Planning Commission, to be heard within thirty (30) days from the date this election by the Community Development Director or their designee is provided in writing to the applicant. In such event, notice of the public hearing shall be provided in accordance with the procedure for administrative permits as stated in section 26-187 of this article. 26-239 Amendment to an administrative permit
(a) The Community Development Director or their designee may grant an amendment to an administrative permit after all procedures as set forth for an original application are met, except that the request for such amendment may be in letter form in-lieu of the required application form. (b) The Community Development Director or their designee may approve minor revisions to an administrative permit which do not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan for such use. The minor revisions may only be approved by a minor site plan review or minor modification as set forth in Division 7 of this Article. 26-240 Failure to act on an administrative permit
(a) An administrative permit approved in conjunction with a development entitlement that is dependent thereon (such as a precise plan, parcel or tract map, conditional use permit, etc.) shall expire on the same expiration date as the development entitlement. Approval of a time extension for such development entitlement shall constitute the approval of a time extension for the administrative permit on which the development entitlement is dependent.
(b) Failure to take any action on an administrative permit within two (2)one (1) year of its effective date (unless extended by action of the Community Development Director) will cause such administrative permit to expire without further action by the City. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the administrative permit, or to revoke the administrative permit pursuant to the procedures set forth Division 12 of this Article.
(c) Extension of time in one-year increments, up to two (2) additional yearsOne (1) one-year extension of time may be granted from the original date of expiration of the administrative permit by the Community Development Director when extenuating circumstances can be clearly shown by the applicant. The request shall be submitted to the Planning Division in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been continued. The Community Development Director may impose new conditions on the administrative permit, based on changed circumstances, code amendments or oversights disclosed in review of the plan.
(d) In the event that the use for which an administrative permit has been granted is discontinued for a period of six (6) months, the administrative permit shall become null and void.
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26-241 Revocation
Revocation of administrative permits shall be conducted in accordance with the procedures contained in Division 12 of this Article.
26-242 Compliance required
No person shall violate or fail to comply with any approved administrative permit or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved administrative permit for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect. 26-243 Community Development Director or their designee may grant administrative review approval (a) An administrative review is required for certain uses that possess unique characteristics and which should only be approved with the benefit of Community Development Director or their designee review. (b) After an application is received, the Community Development Director or their designee shall be authorized to approve, approve with conditions, or disapprove an application for an administrative review permit. (c) The Community Development Director or their designee may elect to not rule on a request for administrative review approval and transfer the matter directly to the Planning Commission, to be heard within thirty (30) days from the date this election by the Community Development Director or their designee is provided in writing to the applicant. In such event, notice of the public hearing shall be provided in accordance with the procedure for administrative permits as stated in Section 26-187 of this Article. (d) The decision of the Community Development, their designee or Planning Commission, as the case may be, shall be final unless appealed within ten (10) days as set out in Section 26-193 of this chapter. If the tenth day falls on a day when City Hall is not open the appeal may be made on the next business day. The notice requirements for an appeal shall be as in Section 26-187 of this Chapter. 26-244 Amendment to administrative review by Community Development Director or their designee (a) The Community Development Director or their designee may grant an amendment to an administrative review approval after all procedures as set forth for an original application are met, except that the request for such amendment may be in letter form in lieu of the required application form. (b) The Community Development Director or their designee may approve in writing minor modifications to an administrative review approval when he or she determines that such modifications do not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan for such use. 26-245 Failure to Utilize Administrative Review Approval by Community Development Director or their Designee
(a) An administrative review approval approved in conjunction with a development entitlement that is dependent thereon (such as a precise plan, parcel or tract map, conditional use permit, etc.) shall expire on the same expiration date as the development entitlement. Approval of a time extension for such development entitlement shall constitute the approval of a time extension for the administrative review approval on which the development entitlement is dependent.
(b) Failure to utilize an administrative review approval within one (1) year of its effective date (unless approved in conjunction with other development entitlements or extended by action of the Community Development Director or their designee) will automatically invalidate such administrative review approval. (c) Extensions of time up to a maximum of one (1) year may be granted from the date of expiration of the administrative review approval by the Community Development Director or their designee when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the City of West Covina
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Community Development Director or their designee in writing prior to the expiration date and shall clearly state the reasons why the administrative review approval has not been utilized. In considering a request for an extension of time, the Community Development Directory or their designee may approve, modify, add conditions, or deny the request. The Community Development Director or their designee may act on an application to extend an administrative review approval without providing public notice thereof. The decision of the Community Development Director or their designee may be appealed to the Planning Commission in accordance with the procedures set forth in section 26-193 of this Chapter. (d) In the event that the use for which an administrative review approval has been granted is discontinued for a period of six (6) months, the administrative approval shall become null and void. 26-246 Revocation
Revocation of administrative review approval shall be conducted in accordance with the procedures contained in Division 12 of this Article.
26-247 Compliance required
No person shall violate or fail to comply with any approved administrative review approval or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to comply with any approved administrative review approval for the parcel or parcels on which such structure is to be located. In the event any such permit is issued, it shall be null and void and have no further effect.
DIVISION 7 MINOR MODIFICATION [EX. DIVISION 14 AND PORTIONS OF DIVISION 4 OF ARTICLE VI – COMBINED MINOR SITE PLAN REVIEW, MINOR MODIFICATION, AND SLIGHT MODIFICATION]
26-248 Purpose
A minor modification is required for minor revisions to approved projects or for minor deviations from height and setback regulations.
26-249 Community Development Director or their designee may grant minor modification (a) The Community Development Director or their designee shall be authorized to approve, approve with conditions, or disapprove an application for a minor modification, for the following minor revisions:
(1) Deviation of up to twenty (20) percent of any regulation pertaining to heights and setbacks contained in this chapter. Deviations requested from height and setbacks shall be required to meet the findings in section 26-233.
(2) Revisions that are insignificant site plan changes that do not significantly alter the number of parking spaces or amount of landscaping.
(3) Structural revisions that do not alter the footprint of the building or change the size or shape of the building. (4) Color or material modifications that are similar or within a similar color palette to that approved. (5) The addition of fencing, mechanical equipment, or similar site plan modifications not reviewed as part of the case file.
(6) Revisions due to maintenance issues such as replacement of exterior materials. (7) The collocation of antenna apparatus on existing wireless antenna structures. (8) Similar types of improvements as those listed above. (b) An application for revisions or modifications not listed in subsection (b) above shall require an amendment to the original discretionary application.
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26-250 Existing regulations
As part of a minor modification approval, the Community Development Director or their designee may require development standards stricter than the minimum standards of this Code (e.g., less sign area, less building coverage, lower density, increased parking, increased fence or wall height, etc.) when such restrictions will mitigate potential impacts to surrounding properties or achieve greater aesthetic or functional integration and compatibility with neighboring developments.
26-251 Failure to act on a minor modification
(a) Minor modifications approved in conjunction with cases which are dependent on the minor modification (precise plans, parcel or tract maps, conditional use permits, etc.) shall expire on the same expiration date as the case. Approval of a time extension for such cases shall constitute the approval of a time extension of the variance on which the case is dependent.An approved minor modification shall be valid until the expiration of the underlying precise plan, variance, conditional use permit, or administrative permit. (b) A minor modification not in conjunction with other cases shall expire without further action by the City if no action is taken on it within two (2) years from date of the resolution or approval granting the minor modification.