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 minor modification, or to revoke the minor modification pursuant to the procedures set forth Division 12 of this Article. Failure to act on an approved minor site plan review within one (1) year of its effective date will automatically invalidate such minor site plan review unless the planning director grants an extension as set forth in subsection (b) below. (c) Extensions of time up to a maximum of one (1) additional year may be granted from the date of expiration of an approved minor modification 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 Community Development Director or their designee in writing prior to the expiration date and shall clearly state the reasons why the minor modification has not been acted upon. In considering a request for an extension of time, the Community Development Director or their designee may approve, modify, add conditions, or deny the request. The Community Development Director or their designee may not approve an extension if such approval would be in conflict with the General Plan or zoning code. 26-252 Compliance required
No person shall violate or fail to comply with any approved minor modification 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 minor modification 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 8 FILM PERMIT [EX. DIVISION 6 “MOTION PICTURE FILMING”] 26-253 Purposeand applicability
This Division establishes special regulations for filming within the City. Property in any zone, unless otherwise specified in filming guidelines pursuant to Section 26-254(d), or provisions listed in section 26-61(c)(1)(iii), may be used as a location for filming, including without limitation filming of motion pictures, videotaping, or use of similar technology subject to approval of a film permit or major production permit pursuant to this article.
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26-254 General provisions
(a) Permit exemptions. The provisions of this section shall not apply to:
(1) The filming or video taping of motion pictures solely for private use. (2) The filming or taping of motion pictures or still photography for use in a criminal investigation or civil, judicial, or administrative proceedings.
(3) Filming, televising, or taping by reporters or cameramen in the employ of newspaper, news service, or similar entity engaged in journalism.
(4) A motion picture, television or commercial photography studio operating at an established or fixed place of business in the City with an approved conditional use permit. (b) No permit fee shall be required for projects which qualify under section 501(c)(3) of the Internal Revenue Code, generally including student films. However, permits shall be required as in this Division, and any necessary police, fire, or other city personnel shall be at the applicant’s own expense. (c) Filming guidelines. The Planning Commission may adopt, by resolution, guidelines to be applied in granting permits and setting conditions under this section.
(d) General filming conditions.
(1) No gunfire, explosions, aircraft, sirens, public address systems, bull horns, or other noise-creating devices shall be used.
(2) No film permits shall be issued for property upon which there are any outstanding uncorrected violations of Chapters 7 (Buildings and Building Regulations), 10 (Fire Prevention and Protection) or 26 (Zoning) of the West Covina Municipal Code, or of the California building or fire codes as adopted by the City. (e) Application requirements.
(1) Payment of appropriate fees and deposits, as set by resolution of the City Council. (2) Completed application forms as prescribed by the Community Development Director or their designee. (3) Documentation of minimum liability insurance, and certificate of insurance identifying the City as additional insured for the purposes of filming, in the amount set by resolution of the City Council. (4) Prior written permission of the property owner on the appropriate City form, or equivalent written permission as acceptable to the Community Development Director or their designee. (5) A site plan showing crew and equipment areas, all parking locations, set locations and orientations (including lighting and camera locations), all drawn in sufficient detail for the City to evaluate the intensity of use and potential impacts.
(6) A complete written description of all scenes to be shot under the permit. 26-255 Ministerial film permit
(a) Applicability. A ministerial film permit may be approved by the Community Development Director or their designee without a hearing upon receipt of an application with proof of notification of all adjacent neighbors and all occupants of properties within the same street block as the filming location for the following filming activity:
(1) In single- and multi-family residential zones, filming for up to five (5) days, not including any setup and dismantling, with a minimum of sixty (60) days in between each time period, on any one (1) property. (2) In all other zoning districts, filming of up to five (5) days, not including any setup and dismantling, with a minimum of sixty (60) days in between each time period, on any one (1) property or shopping center. (3) All filming, including any setup and dismantling, shall be done between the hours of 7:00 a.m. and 9:00 p.m. in residential zones, and between the hours of 6:00 a.m. and 11:00 p.m. in all other zoning districts.
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Film permit activities may extend outside these hours if the Community Development Director or their designee finds that there will be no adverse impacts to nearby residents or business owners. (4) Filming which involves no exceptions to the general filming conditions in section 26-254 (e) above. (b) Conditions. The Community Development Director or their designee may impose conditions on short-term film permits for protection of the public, including without limitation the following:
(1) Written notification of affected and/or nearby property owners and tenants. (2) Attendance during setup, filming, and/or clean-up by uniformed police officers or firefighters, at the applicant’s sole cost and expense.
(3) Measures to mitigate the impact of proposed activities on affected residents and/or business owners. (c) Revocation. A film permit may be revoked in writing by the Community Development Director or their designee effective immediately for violation of the terms of the permit. Only the applicant may appeal the Community Development Director or their designee’s decision, which appeal shall otherwise be per the provisions of section 26-226.
26-256 Discretionary film permit Major production permit (a) Applicability. A discretionary film permit shall be required for all non-exempt filming that is not eligible for a ministerial film permit, including without limitation filming which would in any way exceed the “general conditions” listed in section 26-254 above, or when night or early-morning activities or any other aspect of the filming may, in the opinion of the Community Development Director or their designee, negatively affect nearby residents or business owners.
(b) Procedures. Upon receipt of a complete application, the Community Development Director or their designee shall set a date and time for a public hearing. The applicant shall provide mailing labels for all properties designated by the Community Development Director or their designee. The hearing notice shall indicate that any interested person may request, in writing, that a hearing be held on the date set in advance by the Community Development Director or their designee; and that if no hearing is requested, the decision may, at the discretion of the Community Development Director or their designee, be made without a hearing. Public notices shall be placed in the United States mail at least ten (10) days prior to the public hearing. The Community Development Director or their designee may also elect at any time to defer the matter to the Planning Commission.
(c) Findings. The following findings must be made for approval of a major production permit:
(1) The proposed filming will be located and conducted in a manner consistent with the General Plan, municipal code, and the provisions of this article; and (2) Approval of the application will not be materially detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare. (3) Actions have been and will be taken by the applicant to minimize the impact of the proposed activities on any others in the vicinity.
(d) Effective date and duration. A major production permit shall be effective for the dates specified by the permit, not to exceed ninety (90) days. However, if filming ceases for a period of more than seven (7) days or is delayed in beginning for more than seven (7) days, a permit may be extended by the Community Development Director or their designee up to three (3) times without notice and hearings, for a time equal to any such cessation in filming, subject to making the findings required for approval of the permit. Otherwise, the permit shall lapse if not used within the approved time.
(e) Change in conditions. The Community Development Director or their designee may require changes in the terms or conditions of a major production permit at any time while it is in effect, if needed to ensure that the filming may continue to operate consistent with the required findings.
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(f) Revocation and appeal. A major production permit may be revoked by the Community Development Director or their designee effective immediately for violation of any conditions of the permit. Appeals shall be as per section 26-256.
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DIVISION 9 SECOND UNIT REVIEW (ACCESSORY DWELLING UNIT AND URBAN DWELLING UNIT) [EX. DIVISION 15 OF ARTICLE VI]
26-257 Process
(a) A second unit review is the procedure used by the City to verify that a proposed accessory dwelling unit, junior accessory dwelling unit, and urban dwelling unit pursuant to Article IV Division 2 of this Chapter and complies with the applicable development standards.
(b) The Community Development Director or their designee shall issue a second unit review approval letter after determining that the request complies with all zoning code provisions applicable to the project. The approval letter shall be considered the same as a zoning clearance. (c) The Community Development Director or their designee shall provide the applicant an incomplete/correction letter if the application is incomplete or if corrections are needed in order for the application and plans to comply with zoning code standards.
(d) Building permits shall not be issued without a second unit review approval letter. (e) The Planning Division must approve or deem the application to create an accessory dwelling unit, junior accessory dwelling unit, or urban dwelling unit incomplete within 60 days from the date that the Planning Division received a completed application. If the Planning Division has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(1) The applicant requests a delay, in which the 60-day time period is tolled for the period of the requested delay, or
(2) When an application to create an accessory dwelling unit or junior accessory dwelling unit is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the City may delay acting on the application for the accessory dwelling unit or junior accessory dwelling unit until the City acts on the permit application to create a new single-family or multi-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit will be considered ministerially without discretionary review or a hearing.
(f) Denial of application. If the application to create an accessory dwelling unit, junior accessory dwelling unit, or urban dwelling unit is denied or deemed incomplete, the City must provide the applicant with comments that include, among other things, a list of all defective or deficient items and a description of how the application may be remedied by the applicant. A notice of the denial or incomplete application and corresponding comments must be provided to the applicant within the 60-day time period established by this subsection 26- 257.
DIVISION 10 PRESERVATION, PROTECTION AND REMOVAL OF TREES [EX. DIVISION 9 OF ARTICLE VI]
26-258 Purpose
The purpose of this Division is to provide protection for the trees of this City that are of historic, aesthetic or environmental importance. This section seeks to preserve the cultural and historic heritage that the City’s trees represent; to maintain the scenic beauty of the City; and, by the conservation of energy, the abatement of soil and slope erosion, and the enhancement of air quality, to improve the environment of the City. These purposes will be accomplished by:
(a) Identifying significant trees and heritage trees and establishing procedures to encourage their preservation; (b) Including consideration of existing trees and their protection in the review and implementation of development proposals;
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(c) Requiring permits for the removal of significant trees, heritage trees, and trees on public property except in emergencies; and
(d) Requiring replacement planting when significant trees, heritage trees, and trees on public property are removed.
26-259 Definitions
As used in this Division:
(a) Arborist shall mean a person who is a California Certified Arborist; a person accredited by the International Society of Arboriculture in California.
(b) Caliper shall mean the maximum diameter of the trunk of a tree measured at four-and-a-half (4.5) feet above the natural grade. In the case of multi-trunked trees, “caliper” shall mean the sum of the calipers of each individual trunk measured at four-and-a-half (4.5) above grade. (c) Development activity means the work done pursuant to a development proposal approved by the City. (d) Development application is any application for a construction permit, precise plan of design, conditional use permit, variance, tentative subdivision map or a similar approval for the development of property. (e) Dripline shall mean an imaginary line on the ground, at the furthest extension of the canopy around the circumference of the tree. Typically, the dripline is not a perfect circle. (f) (Heritage tree shall mean any tree(s) identified as such by Planning Commission resolution upon the commission finding that the tree or group of trees:
(1) Is of historical value because of its association with a place, building, natural feature, or an event of local, regional, or national historic significance;
(2) Is identified on any historic or cultural resources survey as a significant feature of a landmark, historic site, or historic district;
(3) Is representative of a significant period of the City’s development; or (4) Is designated for protection or conservation in a specific plan, conditional use permit, precise plan of design, tract or parcel map or similar development approval.
(g) Heritage tree shall also mean any native Southern California black walnut tree species (Juglans californica). (1) This definition shall not affect those Southern California black walnut trees located on R-1 and R-A lots created by any subdivision approved and recorded prior to the effective date of the ordinance enacting this subsection or any parking lot where the City approved the planting of Southern California black walnut trees as part of an approved landscape plan.
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(2) Any Southern California black walnut tree located on those O-S (Open Space) lots created under the density transfer standards outlined in section 26-59, shall further be protected under the guidelines contained in this section.
(h) Multi-trunked tree shall mean a tree with a Division of its trunk at less than four-and-a-half (4.5) feet above natural grade.
(i) Permit means a tree removal and/or relocation permit and pruning of any tree in the Oak family. (j) Protection shall mean the safeguarding of trees through proper maintenance, pruning, treatment, fertilizing, feeding, and any other necessary means (standards of California Certified Arborists). (k) Public tree means any tree planted in or upon any street, park, parkway or public place in the City. (l) Removal means the uprooting, cutting, or severing of the main trunk of the tree or any act which causes, or may be reasonably expected to cause a tree to die or to be seriously damaged. These acts include, but are not limited to, damaging the root system by machinery, storage of materials within the dripline, soil compaction within the dripline, substantially changing the grade around the root system or trunk, excessive pruning, paving with concrete, asphalt, or other inadequate irrigation; or by attachment of signs or artificial material piercing the bark of the tree by means of nails, spikes or other piercing objects. (m) Significant tree is a tree located on private and/or public property that meets one (1) or more of the following requirements:
(1) is located in the front yard of a lot or parcel and has a caliper of one (1) foot or more; (2) is located in the street-side yard of a corner lot and has a caliper of one (1) foot or more; (3) is located anywhere on a lot, has a caliper of six (6) inches, or more, and is one of the following species:
Common Name Genus/Species
Oak (any oak tree native to California, including, but not limited to:
Valley Oak Quercus lobata
California Live Oak Quercus agrifolia
Canyon Oak Quercus chrysolepis
Scrub Oak Quercus dumoso
Mesa Oak Quercus engelmanii
Interior Live Oak Quercus wislezenii
California Sycamore Platanus racemosa
American Sycamore Platanus occidentalis
26-260 Permit Required
(a) No person, firm or corporation shall remove, relocate, or destroy any significant tree on private or public property within City limits (including an applicant for a building permit) without first obtaining a tree permit from the Community Development Director or their designee. Any significant tree located in or on public property requires a tree permit approval from the Public Services Department. (b) No person, firm or corporation shall remove, relocate, or destroy any heritage tree on private or public property within City limits (including an applicant for a building permit) without first obtaining a tree permit from the Planning Commission and/or the Public Services Department. The required mailing labels for the five-hundredfoot (500) property owner notification shall be supplied by the applicant.
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(c) No person shall prune or trim more than ten (10) percenttwenty (20) percent of live foliage or limbs from any oak tree as defined in this article, or cause the same to be done, unless tree permit is first obtained from the Planning Division (on private property, or from the Public Services Department (public property).
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(d) Pursuant to Chapter 24 of the West Covina Municipal Code no unauthorized person shall remove, destroy, prune, or trim any portion of any tree located in or on public property. In addition, any tree with a caliper of one (1) foot or larger located on public property requires a tree permit approval from the Public Services Department.
(e) No tree permit shall be issued for the removal of any heritage tree or significant tree on any lot associated with a development application, unless all discretionary approvals have been obtained from the City. (f) No tree permit shall be issued to remove any Oak (Quercus) which is greater than three (3) feet in caliper if the purpose of the removal is to change the landscape design or for a driveway approach. 26-261 Exceptions to Permit Requirements
No permit shall be required for:
(a) Emergency or routine trimming or pruning of trees located on private or public property to protect or maintain overhead public utility lines, existing subsurface water, sewer or utility lines. (b) Emergency removal of damaged parts of a tree which has sustained an injured trunk, broken limbs, or uprooting as a result of storm damage or other natural disaster or catastrophe, which create a hazard to life or property. (c) When a written determination has been made by the Public Services Department and/or city arborist, after visual inspection and scientific evaluation, that the tree is so diseased or damaged that it is no longer viable or is a threat to other protected plant species.
(d) Trees planted, grown, and/or held for sale by licensed nurseries and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a license nursery and/or tree farms. (e) Trees within existing or proposed public rights-of-way where their removal or relocation is necessary to obtain adequate line-of-sight distances as required by the city engineer or poses a threat to public health, safety, and welfare.
(f) Trees which, in the estimation of the city engineer, will cause damage to existing public improvements. 26-262 Application and Fees
An application for a tree permit shall be filed with the Planning Division (located on private property) and/or Public Services (located on public property). The application shall be on the forms prescribed by the City and shall be accompanied by the fee established by City Council.
26-263 Permit Procedure
(a) Private property. Where an application for a tree permit is filed on private property the following procedure is hereby established:
(1) Upon receipt of the application, the Community Development Director or their designee shall investigate the site and evaluate the request. The decision to issue or deny the permit and any conditions of the permit shall be based on the following criteria:
(i) The condition of the tree(s) with respect to disease, damage, danger of collapse of all or any portion of the tree(s), proximity to an existing or proposed primary structure, and interference with utility services, age or remaining life span and whether or not the tree acts as a host for a plant which is parasitic to other species of trees which are in danger of being infested. (ii) Where, upon taking into consideration the size, shape, topography and existing trees upon the lot, the denial of the permit would create an unreasonable hardship on the property owner (i.e., prohibit the construction of a primary structure or deny a property right possessed by other property in the same vicinity and zone).
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(iii) The number, species, size, and location of existing trees in the area and the effect of the requested action in terms of providing shade, protection from wind, air-pollution reduction, historic value and scenic beauty upon the health, safety, aesthetics, and general welfare of the area or neighborhood. (iv) The topography of the lot or parcel and the effect of the requested action on erosion, soil retention, water retention, and diversion or increased flow of surface water. (v) Whether or not such tree(s) is required to be preserved by any precise plan or other approved plans on record.
(2) Subsequent to investigation:
(i) Significant trees: The Community Development Director or their designee may approve, conditionally approve, or deny the tree permit.
(ii) Heritage trees: The Planning Commission may approve, conditionally approve, or deny the removal application (in case of pruning, the Community Development Director or their designee may approve, conditionally approve, or deny the application).
(3) Any conditions deemed necessary to implement this regulation, include, but are not limited to:
(i) Replacement of the removed or cut down tree(s) with a tree(s) of comparable species, size, and condition as determined by the Community Development Director or their designee in the case of significant trees and the Planning Commission in the case of heritage trees. (ii) The relocating of the tree(s) on-site or off-site provided that the owner or applicant submit a report from an arborist describing the relocation method and shall provide the City with a five (5) year survival guarantee. Should the tree(s) not survive the survival period, replacement shall occur in accordance with section 26-263.
(iii) Payment of the proper restitution value of the tree(s), or donation of a boxed tree(s) to the City or other public agency to be used elsewhere in the community should a suitable replacement location of the tree(s) not be possible on-site or off-site.
(4) Associated with a development application. Where an application for a tree permit is associated with a development application that requires a public hearing, the following procedure is hereby established:
(i) Upon receipt of the application, the Community Development Director or their designee or designee shall investigate the site and evaluate the application on the basis of the following criteria:
a) The condition of the tree(s) with respect to disease, damage, danger of collapse of all or any portion of the tree(s), proximity to an existing or proposed primary structure, and interference with utility services, age, or remaining life span and whether or not the tree acts as a host for a plant which is parasitic to other species of trees which are in danger of being infested. b) The number, species, size, and location of existing trees in the area and the effect of the requested action in terms of providing shade, protection from wind, air-pollution reduction, historic value and scenic beauty upon the health, safety, aesthetics, and general welfare of the area or neighborhood.
c) Whether or not the removal of the tree(s) is necessary to construct required improvements within the public street right-of-way or within a flood-control or utility right-of-way. d) Whether or not the tree(s) could be preserved by pruning and proper maintenance or relocation rather than removal.
e) The necessity to remove the tree(s) in order to construct improvements which would allow economic enjoyment of the property.
f) Whether or not such tree(s) constitutes a significant natural resource of the City, or is designated as a heritage tree.
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(3) The Community Development Director or their designee, or designee, shall complete the site investigation and make a report to the Planning Commission. The Planning Commission shall review the tree permit and said report at the same time as the development application, and shall conduct a public hearing when required. Said permit shall be considered concurrently with the development application. (5) Permit notification. The public hearing notification required by section 26-187 shall include a description of the tree permit request.
(6) The Planning Commission shall approve, conditionally approve, or deny the application to remove or relocate any significant tree(s) or any heritage tree(s). The Planning Commission may impose conditions deemed necessary, including, but not limited to:
(i) Replacement of the removed tree(s) with a tree(s) of comparable species, size and condition as determined by the Planning Commission.
(ii) The relocating of the tree(s) on-site or off-site provided that the owner or applicant shall retain an arborist who shall submit a report to the Community Development Director or their designee which describes the relocation method, whether location is favorable to the survival of the tree and shall provide the City with a five (5) year survival guarantee. Said arborist shall supervise all pruning and relocation procedures. Should the tree(s) not survive the survival period, replacement shall occur in accordance with section 26-263. A bond shall be posted with the City to ensure conformance with this regulation.
(b) Public property trees. The provisions outlined in Chapter 24, Article II, of the West Covina Municipal Code shall be observed except in the case when significant trees, heritage trees, or any tree with a caliper of one (1) foot or larger located on public property, is affected. In these cases, a tree permit application is necessary and the following additional procedures are hereby established:
(1) Significant trees: A tree permit for any significant tree is subject to the Public Services Department. The decision to issue or deny the permit is subject to the criterium and condition outlined in section 26- 263(a)(1).
(2) City trees: A tree permit for any public tree which has a caliper of one (1) foot or more, is subject to approval from Public Services Department. The decision to issue or deny the permit is subject to the criterium outlined in section 26-263(a)(1) and conditions deemed necessary as per section 26-263(a)(2). (3) Heritage trees: A tree permit, and mailing labels for the one hundred foot five hundred foot (500) radius property-owner notification requirement, for any heritage tree is subject to the approval by the City Council. The decision to issue or deny the permit is subject to the criterium outlined in section 26-263(a)(1) and any conditions deemed necessary as per section 26-263(a)(2). (c) Appeal procedure. Appeals may be filed per the requirements of section 26-193 of this chapter. (d) Approval period. Tree-removal permits shall be effective following the appeal period and shall be valid for a period of ninety (90) days, subject to extension. Where the tree permit is associated with a development application, the tree permit shall expire on the same expiration date as the said development application. 26-264 Protection of Trees During Development Activity
The following protective measures shall be exercised by all individuals, developers, and contractors working near preserved trees. All construction shall preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace those removed in accordance with the following:
(a) No grading, construction, or construction-related activities shall occur within the dripline of a significant tree or a heritage tree. Construction-related activities include, but are not limited to, the storage of materials, grade changes, or attachment of wires to or around tree trunks, stems or limbs. (b) Significant trees and heritage trees shall be shielded from damage during construction with an appropriate construction barrier, such as chain link and steel stake fence enclosing the entire dripline area. All exposed roots City of West Covina
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shall be inside the fence or barrier. The fence or barrier shall have a minimum height of six (6) feet measured from the grade. In all cases where a fence or barrier is to be used around a protected tree, the fence or barrier shall be installed prior to commencement of any development activity on the site and shall remain in place throughout all phases of construction. Fences may not be removed without obtaining written authorization from the Community Development Director or their designee. (c) No structure or impervious paving shall be located within the dripline or within a six (6) foot radius of the trunk perimeter, whichever is greater, of any significant tree or heritage tree, unless approved as part of a tree permit.
A tree with a caliper of thirty (30) inches or more shall require additional space as determined by the Community Development Director or their designee, Public Services Department, or city arborist. (d) Branches that could be injured by vehicles or that interfere with the development activity may be pruned to the satisfaction of the Community Development Director or their designee, Public Services Department, or city arborist.
(e) No compaction of the soil within the dripline of any tree shall be undertaken, unless approved as part of a tree permit.
(f) No construction, including structures and walls, that disrupts the root system shall be permitted, unless approved as part of a tree permit. As a guideline, no cutting of roots should occur within a distance equal to three and one-half (3½) times the trunk diameter, as measured at ground level. Actual setback may vary to meet the needs of individual tree species as determined by the Community Development Director or their designee, Public Services Department, or city arborist. Where some root removal is necessary, the tree crown may require thinning to prevent wind damage.
(g) The required landscape and irrigation plan shall be tailored per the needs of retained trees, as specified by a tree arborist. Trees of the oak family must be on a separate irrigation timer, or as specified by a tree arborist. (h) The Community Development Director or their designee may impose additional measures determined necessary to preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace those removed.
26-265 Penalties
(a) Violation of any section of this Division shall constitute a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months, or both such fine and imprisonment. Each tree removed in violation of this Division shall constitute a separate offense. (b) Violators may also be required to replace the tree(s) with a tree(s) of comparable size, type and condition as determined by the Community Development Director or their designee and in appropriate cases, the Public Works Director.
(c) In addition to the penalties imposed by subsections, (a) and (b) above, any person who destroys, removes or damages a significant tree or a heritage tree without a permit in circumstances in which a permit application has been denied, or would have been denied, shall be liable to the city for a civil penalty in an amount equal to the tree’s full restitution value.
(d) A building permit shall be deemed invalid or held by an official notice to stop work until either subsection (a) and/or (b) is effected.
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DIVISION 11 ENVIRONMENTAL ASSESSMENT GUIDELINES AND PROCEDURES [EX. DIVISION 7 OF ARTICLE VI]
26-266 To be in accordance with City standards
Environmental assessment guidelines and procedures for the evaluation of the environmental impact of proposed public or private projects shall be established by a resolution of the City Council.
DIVISION 12 REVOCATION PROCEDURES
26-267 Applicability
The provisions of Division 12 shall apply to the revocation of Conditional Use Permits, Administrative Permits, Variances, or Minor Modifications. Revocation shall include amendment or modification of a permit which may result from a revocation proceeding.
26-268 Revocation hearing body
(a) The Planning Commission shall hear revocation proceedings for all permits and approvals issued by the Community Development Director or their designee.
(b) The Planning Commission shall hear revocation proceedings for all permits and approvals issued by the Planning Commission, either in its initial hearing capacity, or on appeal to the Planning Commission. (c) The City Council shall hear revocation proceedings for all permits and approvals issued by the City Council, either in its initial hearing capacity, or on appeal to the City Council. 26-269 Grounds for revocation
The hearing body may revoke, amend or suspend a Conditional Use Permit, Administrative Permits, Variances, or Minor Modifications (“permit”) upon finding that:
(a) The use is detrimental to the public health, safety or welfare or is a nuisance; or (b) The permit was obtained by fraud; or
(c) The use has not been exercised prior to the expiration date of the permit; or (d) The use has ceased or been suspended for a period of six (6) months or more; or (e) The conditions of approval have not been complied with; or (f) The required findings for the permit have been violated; or (g) The use is not being operated in the manner or for the purpose contemplated by the approval of the permit. (h) The development entitlement dependent thereon has been revoked or suspended. (i) The use is being operated in violation of any federal, state or local law which results in detriment to the public health, safety or welfare.
26-270 Initiation of Revocation Processing
Revocation proceedings may be initiated by a majority vote of a quorum of the City Council or the Planning Commission or by the Community Development Director or their designee. 26-271 Notice of Hearing
Notice of a revocation hearing for a conditional use permit or variance shall be given as follows:
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(a) At least ten (10) days prior to the date of the hearing, a public notice shall be posted on-site of subject property; and
(1) 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. (2) A notice of public hearing shall be mailed to the permittee or his/her agent, the owner of the property and owners and occupants of all property within a radius of one hundred (100)five hundred (500) feet of the exterior boundaries of the property 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. (3) The cost of noticing shall be paid by the City.
(b) Notice of a revocation hearing for an administrative review shall be given as follows:
(1) A notice of public hearing shall be mailed to the permittee or his/her agent, the owner of the property and owners and occupants of all property within a radius of one hundred (100)five hundred (500) feet of the exterior boundaries of the property 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. (2) The cost of noticing shall be paid by the City.
(c) Notice of a revocation hearing for an administrative permit shall be given as follows:
(1) Notices shall be mailed to the permittee, property owners and occupants of the subject site, and all owners of properties within a radius of one hundred (100)five hundred (500) feet of the exterior boundaries of the subject site. The notices shall be mailed at least ten (10) days prior to the date of the public hearing. (2) The cost of noticing shall be paid by the City.
26-272 Contents of hearing notice
The notice of revocation hearing shall be in writing and shall contain at least the following information:
(a) The street address and general description of the property or premises for which the permit has been issued. A map may be included.
(b) The name of the permit holder.
(c) A description of the type of permit and a general description of the activities approved by the permit. (d) A statement that the hearing will consider revocation of the permit, or in the alternative alteration or modification of the permit and/or the conditions of the permit. (e) The date, time, and location of the hearing.
(f) The grounds for the revocation of the permit.
(g) A statement that the permittee may represent himself/herself/themselves, or be represented by legal counsel or any other person of his/her choice.
(h) A statement that the permittee may present evidence, testimony, and witnesses in defense of the revocation of the permit.
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26-273 Conduct of the hearing
(a) Revocation hearings shall be noticed public hearings open to public participation. (b) The hearing body shall act as an independent arbiter in the conduct of the hearing, procedures, presentation of evidence, review of evidence and issuing a decision. The chairperson/mayor shall make determinations on procedure, witnesses, and evidence. The chairperson/mayor may be assisted by a member of the city attorney’s office or other counsel who has not participated in the preparation or presentation of the cause for revocation of the permit.
(c) The city staff, city attorney or other city representative shall first present the evidence for the cause for revocation. After the city presentation is complete, the permittee may present evidence in opposition to revocation. After the city representative and the permittee have completed their presentations, members of the public may speak for or against the revocation. The order and timing of presentations may be altered by the hearing body in the interests of an orderly, timely and fair hearing or for the reasonable convenience of the witnesses or parties. The hearing board may continue the hearing from time-to-time without further public notice.
(d) Formal rules of evidence need not be followed. All witnesses shall be sworn or unsworn at the discretion of the hearing body.
(e) Cross-examination of witnesses is not required unless, in the discretion of the hearing body, cross-examination is necessary to provide a fair hearing and due process of law. Cross-examination of members of the public who speak shall not be allowed unless the hearing body determines that cross-examination is necessary to avoid a prejudicial denial of due process.
(f) Documents should be identified and labeled in an orderly fashion when submitted to the hearing board. (g) The hearing board shall tape record the oral proceedings before the hearing board. The tape recordings shall be maintained for thirty (30) days after the time for any appeal has expired. If a timely appeal is not filed, the tape recordings may be destroyed.
(h) All documents, testimony, and other evidence presented to and accepted by the hearing board shall constitute the administrative record upon which the hearing board shall make its decision. The administrative record shall include evidence submitted to the hearing board but not accepted by the hearing board. (i) The representatives of the cause for revocation shall be allowed to present final argument to the hearing board followed by final argument by the representative for the permittee. Rebuttal argument or re-rebuttal argument shall only be allowed at the discretion of the hearing board. 26-274 Decision of the hearing board.
(a) At the conclusion of the hearing, or at any time thereafter, the hearing board shall deliberate the merits of the cause for revocation. Deliberations of the hearing board shall be conducted at a meeting open to the public, but need not be conducted at a noticed public hearing. Deliberations shall be solely among the hearing board members unless the hearing board invites other persons to participate. (b) The hearing board may revoke the permit, amend, alter, or modify the permit or impose new or additional conditions, all as reasonably related to mitigation or elimination of the grounds asserted for the revocation. (c) The decision of the hearing board shall be in writing, supported by findings, and approved by the hearing board within thirty (30) days of the close of the hearing, or at the next regular meeting of the hearing board immediately following such thirty (30) day period.
(d) Upon approval of the decision by the hearing board, the decision shall be sent to the permittee by mail, fax or email.
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26-275 Appeal of hearing board decision
(a) Appeals from decisions of the Planning Commission sitting as the revocation hearing board may be submitted to the city clerk by any interested party within ten (10) days of approval of the written decision of the hearing board. If the tenth day falls on a day when City Hall is not open the appeal may be made on the next business day. Decisions of the City Council sitting as the revocation hearing board are not appealable. (b) The appeal must be in writing, must include specific reasons for the appeal, and must be accompanied by the fee set by City Council resolution for such appeal. Such an appeal suspends and sets aside the decision of the lower authority.
(c) Within five (5) working days of the receipt of the appeal the city clerk shall estimate the cost of preparation of the administrative record and send written notice to the appealing party that they must deposit one-half of the estimated cost of preparation of the administrative record with the city clerk within ten (10) calendar days of the mailing date of the notice. Failure of the appealing party to timely deposit such one-half of the estimated cost shall be a waiver and termination of the appeal.
(d) The cost of preparation of the administrative record shall include costs of preparation and duplication of all documentary and tangible evidence and the transcription of the oral portion of the hearing. The transcription of the oral portion of the hearing shall be performed by an independent professional transcription service chosen by the city clerk.
(e) Upon the completion of the preparation of the administrative record, including the transcription of the oral proceedings, the city clerk shall determine the actual costs of preparing the administrative record. Upon such determination of costs the city clerk shall send written notification of the actual costs of the preparation of the administrative record to the appealing party. The notice shall advise the appealing party that it must pay onehalf of the actual costs of preparation of the administrative record within ten calendar days of sending of the notification, and that if such payment is not timely received by the city clerk, the appeal will be deemed waived and terminated. If the deposit of the estimated cost of preparation of the administrative record meets or exceeds the actual cost, payment will be deemed to have been timely made, and any overage will be refunded to the appealing party.
(f) Upon receipt of the required payment from the appealing party the city clerk shall send written notice of the time and place of the review of the appeal by the City Council to the appealing party and the City’s representative. The appeal shall be heard by the City Council within forty (40) calendar days of the payment of the required fees, or such additional minimal time as needed to meet the schedule of available City Council meetings. The notice shall contain:
(1) The time and location of the City Council meeting at which the appeal will be reviewed. (2) The name of the appealing party and the name of the permittee. (3) The address of the property, if any is involved in the appeal. (4) A statement that the appealing party may present written or oral argument to the City Council based on the administrative record. Written arguments must be filed with the city clerk and received by the other parties to the appeal at least fifteen (15) calendar days prior to the date of the City Council meeting. Written rebuttal arguments by any party to the appeal must be filed with the city clerk and delivered to all other parties to the appeal at least seven (7) calendar days prior to the date of the City Council meeting. Oral argument and rebuttal argument may be presented at the City Council meeting. (g) The City Council shall determine the appeal based on their review of the administrative record. The review shall occur at a regularly noticed City Council meeting and shall not require a noticed public hearing. The appealing party shall be given the opportunity to present written or oral arguments to the City Council. The City’s representative shall be given the opportunity to present written or oral rebuttal argument to the City Council. (h) If the appealing party is not the permittee or there is more than one (1) appealing party, the following rules shall apply:
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(1) The appealing party, the permittee and the City shall be referred to as “parties to the appeal.” (2) Each party to the appeal shall pay their proportionate share of the cost of preparation of the administrative record. If the appealing party does not timely pay their proportionate share of such costs, the appeal shall be waived and terminated. If any other party to the appeal does not timely pay their share of such costs, the non-paying party shall not be entitled to participate in the appeal process, but shall remain liable to the City for their share of the costs of preparation of the administrative record. (3) (All notices shall be sent to all parties to the appeal. (4) Arguments may be presented by the appealing party, and rebuttal arguments may be presented by any other parties to the appeal. All written arguments and rebuttal arguments shall be delivered to all other parties to the appeal.
26-276 Decision of the City Council on appeal.
(a) At the conclusion of the meeting, or at any time thereafter, the City Council shall deliberate the merits of the cause for the appeal. Deliberations of the City Council shall be conducted at a meeting open to the public, but need not be conducted at a noticed public hearing. Deliberations shall be solely among the City Council members, unless the City Council invites other persons to participate. (b) The City Council may revoke the permit, amend, alter, or modify the permit or impose new or additional conditions, all as reasonably related to mitigation or elimination of the grounds asserted for the revocation. (c) The decision of the City Council shall be in writing, supported by findings, and approved by the City Council within thirty (30) days of the close of the meeting, or at the next regular meeting of the City Council immediately following such thirty (30) day period.
(d) Upon approval of the decision by the City Council, the decision shall be sent to the permittee by mail, fax or email.
26-277 Termination of proceedings.
(a) The Community Development Director or their designee may recommend to the hearing body termination of the revocation proceedings anytime during the hearing process or the appeal process if the Community Development Director or their designee determines that:
(1) The grounds for the revocation have been satisfactorily corrected by the permittee. (2) The permittee has voluntarily ceased the use for which the permit was issued. (3) The permittee has ceased the activity which was the grounds for the revocation and provided a written relinquishment of the permit to the Community Development Director or their designee. (4) The permittee has reached a written settlement agreement with the city which will protect public health, safety, and welfare.
(5) There exists other good cause for termination of the revocation proceedings. (b) After due consideration of the recommendation of the Community Development Director or their designee, the hearing body may approve the termination of the revocation proceedings by a majority vote of a quorum of the hearing body.
(c) The hearing body may, on its own initiative, and for good cause, terminate any revocation proceedings by a majority vote of a quorum of the hearing body.
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DIVISION 13 PLANNING COMMISSION SUBCOMMITTEE FOR DESIGN REVIEW [EX. SECTION 26-418]
26-278 Purpose.
(a) The purpose of design review of single-family residences is to ensure quality development, promote orderly development of the City, conserve property values, preserve the architectural character of an area, and to promote harmonious design that is complimentary to adjacent properties. 26-279 Subcommittee created.
(a) A subcommittee of the planning commission shall be established consisting of two (2) members of the planning commission to be appointed by the chair of the planning commission. An alternate subcommittee member shall be appointed by the chair to serve in the event that one (1) of the two (2) members is absent. 26-280 Meetings.
(a) The subcommittee shall meet regularly in open meeting at a time to be determined by the subcommittee. 26-281 Review Required.
(a) No building permit shall be issued for the following types of improvements to single-family residences prior to subcommittee review:
(1) New construction of single-family residences.
(2) Structural additions or modifications on the front elevation of a residence. (3) New second-story additions to one-story residences. (4) New second-story additions to two-story houses.
(5) New balconies.
(6) Any modifications that is readily visible from a public right-of-way. 26-282 Review Authority.
(a) The subcommittee may approve, conditionally approve, forward the project to the planning commission, or disapprove applications.
26-283 Basis for Approval.
(a) The subcommittee shall consider the following criteria:
(1) New development, or alterations of existing development should utilize building materials, color schemes, roof style, and architecture that is visually harmonious with the subject property and surrounding neighborhood.
(2) Vertical and horizontal articulation of building facades should be used to avoid long, uninterrupted exterior walls on residences. All structures should have relief to create an interesting blend and enhance the architecture.
(3) Roof lines should be reasonably compatible with the design and scale of surrounding structures. Vertical and horizontal roof articulation is encouraged to avoid long monotonous, flat sections of roof. (4) The scale and mass of the building should relate to surrounding structures. The height and bulk of the building should be in scale with buildings on surrounding sites and should not visually dominate their sites or call undue attention to themselves.
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(5) The buildings should include a variety of materials and colors. Materials shall be consistently applied and should be chosen to be harmonious with surrounding structures. Piecemeal embellishments and inconsistent materials and architecture should be avoided. 26-284 Notice of Action.
(a) The planning director shall notify the applicant of the decision of the subcommittee within ten (10) days of the decision. The notification shall be in writing and state the reasons for approval, conditional approval, denial or transfer to the planning commission.
26-285 Appeal.
(a) Any decision by the subcommittee may be appealed by the applicant to the planning commission. A written appeal shall be filed with the planning director within ten (10) days after a written decision is mailed to the applicant.
26-286 Expiration.
(a) Building permits to construct improvements approved by the subcommittee shall be issued within one (1) year of the date of approval or the approval will automatically expire.
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ARTICLE VII. DEVELOPMENT CODE ADMINISTRATION
DIVISION 1 AMENDMENTS AND RECLASSIFICATION [EX. DIVISION 2 OF ARTICLE IV] 26-287 Purpose
(a) The purpose of this Article is to set forth the general provisions established by the City of West Covina for the administration of the Development Code and the implementation of the General Plan. (b) Whenever the public necessity, convenience, general welfare, or good zoning practice require, the council may amend, supplement, or change the regulations, zone boundaries, or classifications of property, now or hereafter established by this chapter.
(c) Amendments, supplements or changes to this chapter and/or the official zoning map which:
(1) Change any property from one zone to another; or
(2) Add, modify, or remove any regulations pertaining to the use or development of property shall be initiated and adopted in accordance with the procedures stated in this article. 26-288 Initiation
(a) Amendments of this chapter and/or the official zoning map that change any property from one zone to another may be initiated by:
(1) The verified application of one (1) or more owners of property proposed to be changed or reclassified, or by a purchaser or lessee with consent of the owner.
(2) Resolution of the City Council.
(3) Resolution of the Planning Commission.
(b) Amendments, supplements, or changes to this chapter other than the change of property from one zone to another may be initiated by:
(1) Applicant.
(2) Resolution of the City Council.
(3) Resolution of the Planning Commission.
26-289 Application
(a) A qualified applicant shall submit an application for a zoning amendment on a form prescribed by the Community Development Director or their designee accompanied by the required fee. The Community Development Director or their designee may require an applicant to submit such additional information and supporting data as considered necessary to process the application. (b) The Community Development Director or their designee may allow any necessary applications for amendments to zoning regulations or for approval under the requirements of this Ordinance to be processed simultaneously with the proposed zoning amendment.
(c) A General Plan Amendment application shall be submitted for concurrent processing for Zoning Amendments that are not in conformance with the General Plan.
26-290 Noticing and Public Hearing Procedures
Notice and hearings regarding an application for an amendment shall be provided in compliance with Article 6 Division 1.
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26-291 Planning Commission Action
(a) The Planning Commission shall conduct a public hearing in conformance with Article VI Division 1. (b) Following the public hearing, the Planning Commission shall make a recommendation on the proposed zoning amendment to the City Council. Such recommendation shall include the reasons for the recommendation, and the findings related to the criteria for zoning amendments in section 26-293 (Findings) and shall be transmitted to the City Council.
26-292 City Council Action
(a) After receiving the report from the Planning Commission or a written request from an interested party pursuant to Article VI Division 1, the City Council shall hold a duly-noticed public hearing. At least 10 days before the date of the public hearing, the Planning Division shall provide notice consistent with Article VI Division 1. The notice shall include a summary of the Planning Commission recommendation. (b) After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed amendment. 26-293 Findings
An amendment to the Zoning Map, or this Chapter may be approved only if all of the following findings can be made in a positive manner, as applicable to the type of amendment. It is the responsibility of the applicant to establish evidence in support of the required findings.
(a) Mandatory Findings required for all Development Code Amendments:
(1) The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan, and, in the case of a Zoning Code amendment, will not create any inconsistencies with this Chapter.
(2) The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City.
(3) The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
(b) Additional Findings for Zoning Map Amendments:
(1) The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development.
DIVISION 2 ADMINISTRATION AND ENFORCEMENT *NEW*
26-294 Community Development Director
The Community Development Director or their designee shall be the official responsible for the enforcement of this Chapter. The Community Development Director or their designee may serve notice requiring the removal of any structure or use in violation of this title to the owner or his authorized agent, on a tenant, or on an architect, builder, contractor or other person who commits or participates in any violation. The Community Development Director or their designee may call upon the City Attorney to institute necessary legal proceedings to enforce the provisions of this title, and the City Attorney is hereby authorized to institute appropriate actions to that end. The Community Development Director or their designee may call upon the chief of police and his authorized agents to assist in the enforcement of this title.
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26-295 Fees [EX. Section 26-202]
(a) Filing fees shall be paid as established by a resolution of City Council. (1) 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 applicant shall hire and directly pay for the City’s CEQA consultant who shall pay the required environmental impact report filing fee as established by a resolution of the City Council at the time the application to prepare or process required environmental impact documents is accepted.
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ARTICLE VIII. SUBDIVISION REGULATIONS [RELOCATED FROM EX.
CHAPTER 20 OF THE WEST COVINA MUNICIPAL CODE]
DIVISION 1 AUTHORITY
26-296 Subdivision Map Act
Pursuant to the provisions of Title 7, Division 2 (commencing with section 66410) of the Government Code, State of California, hereinafter referred to as the “Subdivision Map Act,” and in addition to any other regulations provided by law, the regulations hereinafter contained in this chapter shall apply to all subdivisions, parts of subdivisions, and divisions of land hereafter, made wholly or partially, within the West Covina City limits, and to the preparation of subdivision maps thereof and other maps provided for by the Subdivision Map Act. Provisions for grading and erosion control are contained in Chapter 9 of the West Covina Municipal Code.
DIVISION 2 GENERAL PROVISIONS
26-297 Definitions
Definitions related to this Article can be found in Article I Division 4. 26-298 Application
The regulations set forth in this Article shall apply to all subdivisions or parts thereof within the City of West Covina and to the preparation of subdivision maps thereof and to other maps or certificates provided for by the Subdivision Map Act. Each such subdivision and each part thereof lying within the City of West Covina shall be made and each such map or certificate shall be prepared and presented for approval as hereafter provided for and required. 26-299 Deviations
Whenever any parcel of land is of such size, design, or shape, or subject to such title limitations of records, or is subject to such topographical conditions or such dominating drainage problems that it is impossible, or impractical in the particular case to conform fully to the provisions of this chapter, the city engineer may recommend such deviation as may be necessary or expedient to the proper development of the subject property as allowed by state law. In each case of deviation, the city engineer shall transmit to the Planning Commission with the tentative map a written report setting forth each deviation recommended and the reasons therefor. 26-300 Conformance to City Standards
A subdivision or division of land shall conform to the following City standards and requirements:
(b) All adopted General Plan elements and specific area plans. (c) The master plan of streets.
(d) Standard Specifications for Public Works Construction. (e) City engineer’s standard drawings.
(f) Any applicable City ordinances and resolutions.
(g) Lot standards as contained in the West Covina Municipal Code. (1) Frontage on street. All lots in the subdivision shall have a minimum twenty (20) feet of frontage on a street except that on other than R-1 and/or R-A zoned land an alternate minimum twenty (20) feet wide permanent access easement may be utilized subject to approval of the planning commission and/or City Council. Documents necessary to implement an approved permanent access easement shall be subject to City of West Covina
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review and approval of the City Attorney and shall be recorded concurrently with the final map or parcel map.
(2) Lot dimensions. Lot dimensions shall conform to the standards of development as contained in chapter 26 of the West Covina Municipal Code or other official plans adopted pursuant to law. Irregularly shaped lots shall be subject to individual approval by the City.
(3) Jurisdictional boundary lines. No lot shall be divided by a county, City or school district boundary line. (4) Lot side lines. Lot side lines shall be approximately at right angles or radial to the street center line. (5) Use of flag lots. The standards in this subsection shall only apply to residential flag lots. Residential flag lots may be permitted through a parcel map or tentative subdivision map when they comply with the standards in this section, in addition to any other applicable City standards:
(i) Limitation on number of residential flag lots. Flag lots shall not be approved where alternative designs are feasible. To avoid an over- concentration of residential flag lots in any one neighborhood, residential flag lots shall not be allowed where approval of a proposed subdivision would result in flag lots comprising greater than one (1) or ten (10) percent of the number of lots in the immediate neighborhood (whichever is greater). Lots in the immediate neighborhood shall be defined as all lots which would be created by a proposed subdivision plus all residentially-zoned lots lying wholly or partially within 300 feet of the proposed subdivision.
(ii) Where a subdivision proposes more than one flag lot a flag lot shall not be located adjacent to another flag lot
(iii) Flag lots must have a minimum of twenty (20) feet of frontage on a street. The lot(s) located between the primary portion of the flag lot and the street shall have the minimum feasible depth required to comply with the requirements of chapter 26 of the West Covina Municipal Code. The accessway serving an infill residential flag lot shall not be included when calculating the required area of that lot. (6) Cul-de-sacs. Minimum street frontage of thirty-three (33) feet. (h) Any subdivision that results in a lot without direct access to and from a public street shall dedicate a separate parcel as a private street maintained by the Homeowners Association. Private streets shall comply with all applicable standards listed in Chapter 19 Article VIII of the West Covina Municipal Code. 26-301 Information Package for Prospective Purchases of Subdivided Land In addition to the subdivision report prepared by the state real estate commissioner, the owner, their agent or the subdivider of a residential subdivision containing five (5) or more single-family residences or condominium units shall prepare or cause to be prepared a package of information for distribution to prospective purchasers of homes or units in the subdivision containing the following information:
(a) The zoning applicable to the property being subdivided and to contiguous property. (b) The text of the land use element of the City’s General Plan which is applicable to the subdivision and to contiguous property.
(c) The location of existing and proposed schools which the children of purchasers of property within the subdivision may be expected to attend.
(d) A copy of any conditions, covenants and restrictions which are applicable to property within the subdivision. (e) Any additional information deemed necessary or appropriate to fully inform prospective purchasers of property within the tract of the conditions which exist within the tract and within contiguous areas. (f) The owner, his agent or the subdivider shall submit the proposed package of information to the director of planning of the City of West Covina for approval as to form and content. The Community Development Director or their designee may require amendments or the addition of information to the package. A copy of the package as finally approved shall be filed with the director of planning prior to its distribution.
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(g) Sales agents of the owner or the subdivider shall deliver a copy of the package of information to each prospective buyer of property within the subdivision, and prior to accepting a deposit on any such property the sales agent shall require the prospective buyer to sign a receipt acknowledging that a copy of the package of information has been delivered to him. The recipient shall contain the sales agent’s name, the owner or developer’s name, the lot and tract number, the date of the delivery of the information package, and the purchaser’s printed name and signature.
(h) Within ten (10) days after the close of escrow on the initial sale of any residence or condominium in the tract, the owner, the developer, or his agent shall file a copy of the receipt for the package of information with the Community Development Director or their designee of the City of West Covina. (i) The provisions of this section shall be applicable to the initial sale of residences or condominium units in existing tracts or developments, as well as to all tracts or developments hereafter approved within the City of West Covina.
(j) The provisions of this section shall not require the furnishing of any information to a prospective purchaser of property which is contained in the subdivision report prepared by the state real estate commissioner. (k) The failure of any owner, subdivider or sales agent to obtain the approval of the Community Development Director or their designee of the information package before selling property within the tract or the failure to deliver the package of information and to obtain a receipt therefor from prospective buyers of property shall constitute a misdemeanor punishable in the manner and to the extent provided by law. 26-302 Surveys
The procedure and practice of all survey work done on any division of land, whether for preparation of a final map or parcel map, shall conform to the standards and details set forth in Chapter 15, Division 3, of the Business and Professions Code, the Land Surveyor’s Act. The allowable error of closure on any portion of a final map or parcel map shall be a minimum of 1/10,000.
In the event that the county engineer, county road commissioner, the state highway engineer, or any city engineer shall have established the center line of any street or alley in or adjoining a division of land, the final map or parcel map shall show such center line, together with reference to a field book or map showing such center line and the monuments which determine its position. If determined by ties, that fact shall be stated upon the final map or parcel map. Monuments shall be found, set or reset for final maps and parcel maps at least at the following locations, except no additional monuments need to be set for parcel maps prepared from record data:
(a) At all angle points and beginnings and ends of curves on the exterior boundaries of the subdivision or division of land.
(b) At all angle points and beginnings and ends of curves on the exterior boundaries of any and all land dedicated or offered for dedication in fee simple for park or open space purposes. (c) At the intersections of center lines of streets and at all angle points and beginnings and ends of curves on street center lines.
(d) For each center line intersection monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the city engineer a set of notes showing clearly the ties between such monument and at least four (4) durable distinctive reference points or monuments. Such reference points or monuments may be leads and tacks in sidewalks, or two-inch iron pipe set back of the curb line and below the surface of the ground, or such substitute therefor approved by the city engineer as appears likely not to be disturbed. The set of center line tie notes shall be filed with the city engineer within three (3) months of the date required for setting monuments as shown by certification on the final map. (e) Such set of notes shall be of such quality, form and completeness and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the city engineer. All such notes shall be indexed and maintained by the city engineer as a part of the permanent records of the city engineer’s office.
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(f) Whenever the city engineer has established the center line of a street or alley, such data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper reference made to field books or maps of public record, relating to the monuments. If the points were reset by ties, that fact shall be stated.
(g) City boundaries crossing or adjoining the subdivision or division of land shall be clearly designated and tied in on the final map.
(h) All boundary monuments shall be set prior to recordation of the final map unless extensive grading operations or improvement work makes it impractical to set monuments. If the setting of boundary monuments is deferred, field notes showing the boundary survey and a bond shall be submitted with the final map for checking and guaranteeing that the boundary monuments will be installed. Interior street center line monuments may be set subsequent to recordation of the final map. The final map shall show which monuments are in place and which are to be set. Prior to approval of the final map by the City Council, the subdivider shall submit a written agreement in which he agrees that the monuments so deferred will be set within a specified time, and that the required notes will be furnished within a specified time. (i) At least one (1) exterior boundary line of the land being subdivided shall be adequately monumented or referenced before the final map is recorded.
26-303 Standards for Completing and Accepting Public Improvements Required public improvements shall be constructed in accordance with the following:
(a) The West Covina Municipal Code.
(b) The Standard Specifications for Public Works Construction. (c) The standards of the city engineer as approved by resolution of the City Council. (d) Where applicable the California Building, California Plumbing, California Mechanical Codes as amended and adopted by the City.
Upon completion of the improvements, inspection by the City, and recommendation of the city engineer, the improvements shall be presented for acceptance by the City Council. Upon acceptance by the City Council the subdivider will be relieved of maintenance responsibility, and the City and/or other appropriate public agencies will assume maintenance of the improvements.
In the case of public open spaces requiring landscaping, irrigation and/or lighting, the subdivider is responsible for a minimum one-year maintenance period after satisfactory completion of the improvements and before acceptance by the City Council. The maintenance period shall be extended for additional periods of time corresponding to any periods of deficient maintenance as determined by the City. Upon completion of the maintenance period and any extensions thereof, inspection by the City, and recommendation of the city engineer, the improvements shall be presented for acceptance by the City Council. Upon acceptance by the City Council the subdivider will be relieved of maintenance responsibility, and the City and/or other appropriate public agencies will assume maintenance of the improvements.
26-304 Waiver of Disapproval of Maps
No map shall be disapproved when the failure of the map is solely a result of a technical and inadvertent error which, in the determination of the Planning Commission for tentative maps and the City Council for final maps, does not materially affect the validity of the map. Upon such a finding, disapproval of the map shall be waived. 26-305 Assignment of Responsibilities to Advisory Agency The Planning Commission shall have the following responsibilities in addition to those otherwise assigned responsibilities:
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(a) Make findings that tentative maps, together with the provisions for their design and improvement, are consistent with the General Plan and/or any specific plans of the City. (b) Make findings justifying approval or denial of tentative maps as such findings are specified in the Subdivision Map Act.
(c) Make findings for tentative maps relating to the waste discharge from proposed subdivisions and the requirements prescribed by a California regional water quality control board as such findings are specified in the Subdivision Map Act.
26-306 Appeal of Findings of Advisory Agency
Any interested person can appeal the findings specified in section 26-305 (Assignment of Responsibilities to Advisory Agency) to the City Council in the manner prescribed in the Subdivision Map Act. Appeals shall be accompanied by the fee as set from time to time by resolution of the City Council. 26-307 Dedication or Irrevocable Offers of Dedication
The Planning Commission shall determine the requirements, if any, for dedications or irrevocable offers of dedication concurrent with its approval or conditional approval of tentative maps. Irrevocable offers of dedication shall not be limited in any manner except as specified in the Subdivision Map Act as to the time or time periods in which the City may accept, reject, terminate, or abandon the offer of dedication. Required dedications or irrevocable offers of dedication shall be by certificate on the final or parcel maps unless the city engineer finds such procedure to be impractical, in which case, separate instruments may be processed by the city engineer through the City Council for recordation.
The Planning Commission may require dedications or irrevocable offers of dedications for the following purposes as prescribed in the Subdivision Map Act:
(a) Streets, alleys, waivers of direct access rights and abutter’s rights, drainage, water, sewerage, bicycle paths, equestrian trails, access easements, public utility easements, and such other public easements as may be deemed necessary by the Planning Commission.
(b) Local transit facilities as prescribed in and restricted by the Subdivision Map Act. (c) Parks and recreation as prescribed in this chapter and as prescribed in and restricted by the Subdivision Map Act.
26-308 Reservation of Real Property for Public Use
The Planning Commission shall determine the requirements, if any, for reservations of real property in a subdivision for parks, recreational facilities, fire stations, libraries and/or other public uses concurrent with its approval or conditional approval of tentative maps. Such reservations, if any, shall be imposed in accordance with the provisions of the Subdivision Map Act.
26-309 Parks and Recreation
(a) Dedications for parks and recreation shall be 3.2 acres per one thousand (1,000) residents of the subdivision.
The number of residents of the subdivision for purposes of this section shall be the product of the average household size in the City as disclosed by the most recent available federal census and the number of housing units in the subdivision.
(b) The land dedicated for parks and recreation shall:
(1) Be in a location and configuration approved by the Planning Commission. (2) Be rough graded, including drainage devices, in accordance with a grading plan approved by the recreation and parks director, Community Development Director or their designee and city engineer.
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(3) Be fully usable for parks and recreation purposes with the majority of the on-site area being graded at two (2) percent and with areas of grades exceeding twenty (20) percent not being included in the computation of the area required to be dedicated.
(4) Have all public utilities stubbed out to the site and have all connection charges paid including annexation to the county sanitation district.
(5) Have all public works improvements installed adjacent to the site. (c) In such instances where dedication is not required, in total or in part for subdivision, an in-lieu fee shall be paid.
The fee shall be equivalent to the value of the land which would have been dedicated if dedication were required. The value shall be the fair market value of the land if it were to be sold immediately after completion of the full improvements in the subdivision. Fair market value shall be determined in accordance with the following:
(1) The fair market value as determined by the city engineer and the Community Development Director or their designee based upon the average anticipated sale prices of the fully improved lots, excluding buildings, in the subdivision; or
(2) If the subdivider objects to such evaluation, he may at his expense obtain an appraisal of the property by a qualified real estate appraiser approved by each party, which appraisal may be accepted by both if found reasonable; or
(3) The City Council may determine the fair market value. 26-310 Park Fees
(a) Every person who constructs a multiple-family residential development or multiple single-family residential lots shall pay a fee as set forth in section 26-309 (Parks and Recreation) for the purpose of providing park and recreational facilities to serve future residents of such development. (b) This section shall apply to all undeveloped multiple-family residential property and to all approved precise plans and/or conditional use permits which have not commenced construction prior to the effective date of this section.
26-311 Required Improvements
The Planning Commission, concurrent with its approval or conditional approval of the tentative map, shall require the following improvements constructed to the satisfaction of the city engineer unless specific findings are made that construction of said improvements are unnecessary and impractical:
(a) Construction of subdivision streets in accordance with the master plan of streets, standard specifications for public works construction, and the city engineer’s standard drawings, including but not limited to asphalt concrete or portland cement concrete pavement, aggregate base, portland cement concrete curbs and gutters, portland cement concrete sidewalks, surface drainage facilities, and portland cement concrete driveway approaches.
(b) Construction of half of the adjoining portions of exterior streets in accordance with the master plan of streets, Standard Specifications for Public Works Construction, and the city engineer’s standard drawings, except that the minimum width constructed shall be twenty (20) feet, in the same manner as subdivision streets. (c) Construction of landscaped and irrigated street median islands. (d) Installation of street lighting in accordance with plans and specifications approved by the city engineer or his duly authorized representative.
(e) Installation of street trees and of tree wells.
(f) Irrigation, landscaping and lighting in open space areas and irrigation and landscaping on slopes in accordance with plans and specifications approved by the Community Development Director or their designee.
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(g) Installation of traffic signals at subdivision street intersections where needed as determined by a traffic and engineering study in accordance with plans and specifications approved by the city engineer. (h) Payment of a fair share cost of traffic signals at adjoining exterior street intersections or adjoining exterior street and subdivision street intersections as determined by the city engineer. The fair share cost is to be computed by the city engineer based upon the estimated construction cost of the traffic signal, preliminary and construction engineering, materials testing, and contingencies not exceeding twenty (20) percent of estimated construction cost.
(i) Construction of adequate sewerage, water and drainage systems in accordance with the standards of the City of West Covina, Los Angeles County Flood Control District, Los Angeles County sanitation districts, and local domestic water purveyor to the satisfaction of the city engineer. (j) Installation of public utilities, including mail boxes and cable television trenching, conduit, pull boxes, pedestals and easements.
(k) Construction of private streets in accordance with City of West Covina standards to the satisfaction of the city engineer.
(l) Installation of traffic signing and street name signing in accordance with standards of the City of West Covina to the satisfaction of the city engineer.
(m) Installation and/or construction of such other improvements which the Planning Commission finds necessary and practical for the general use of the lot owners and/or to ensure conformity to or implementation of the General Plan and applicable specific plans
26-312 Additional Improvements
The Planning Commission concurrent with its approval or conditional approval of the tentative tract map and the Community Development Director concurrent with the approval or conditional approval of a tentative parcel map shall require the payment of fees or the submittal of an agreement with approved security for planned drainage facilities as shown on the City’s side drainage report, master plan of drainage, or other drainage study as it finds necessary and practical. Such fees or agreements shall be applied and administered in accordance with the provisions of the Subdivision Map Act.
The Planning Commission also shall require that any required improvements shall contain supplemental size, capacity or number for the benefit of property not within the subdivision as the Planning Commission finds necessary and practical. Such improvements shall be required to be dedicated to the public as the Planning Commission shall determine.
26-313 Preliminary Soils Report
A preliminary soils report, prepared by a civil engineer or soils engineer registered in the State of California, and based upon adequate test borings, shall be required for all subdivisions unless waived by the Planning Commission upon finding that no preliminary soil analysis is necessary due to the knowledge that the City has as to the soils qualities of the soils of the subdivision.
If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, the subdivider shall have performed a soils investigation of each lot in any problem area in the subdivision as may be recommended by the preparer of the preliminary soils report and/or as required by the city engineer or City Building Official. 26-314 Agreements and Security
A subdivider may enter into an agreement with the city, provided the performance of the agreement is guaranteed by security as indicated in the Subdivision Map Act, in lieu of constructing required improvements prior to approval of final or parcel maps. Deferral of improvements on parcel maps shall include a covenant and a note on the final City of West Covina
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parcel map that includes an estimated construction cost. The agreement shall be on the form provided by the city engineer or such other form as is approved by the city attorney. The period in which the construction is to be completed is one (1) year from the date of execution of said agreement or prior to occupancy of any structure in the subdivision, whichever is sooner, or for such other period of time found to be practical and approved by the city engineer. The completion time hereinbefore mentioned may be extended by the city engineer as necessary to ensure orderly and satisfactory completion of required improvements. In no event may said completion be extended for more than four (4) years beyond the initial completion date. The city engineer is authorized to execute such agreements on behalf of the City.
26-315 Release of Security
The initial and subsequent security furnished by the subdivider may be released in the following manners upon authorization by the City Council:
(a) Completion of all required improvements to the satisfaction of the city engineer. (b) Completion of a portion of the required improvements to the satisfaction of the city engineer and the furnishing of new security by the subdivider for the remaining portion of the required improvements. This procedure will only be initiated at the discretion of the city engineer, and the new security shall include an estimated amount for any repairs of the previously completed improvements concurrent with the completion of the remainder of the improvements.
(c) The furnishing of new security by the subdivider to replace the initial security. (d) The furnishing of new security by other person or persons, including assessment districts, which replaces in whole or part the initial security. If replacement is partial, the subdivider shall furnish new security for the portion not replaced.
(e) Such other arrangement or condition at the discretion of and with the approval of the city engineer may be considered by and authorized by the City Council.
26-316 On-site improvements security
Before approval of a development requiring onsite improvements, the applicant shall enter into a written agreement with the City to construct or install within twelve (12) months of approval all such required improvements as set forth in section 26-314 et seq (Agreements and Security). of this Code, which requires security for the agreement.
On-site improvements shall include, but not be limited to landscaping, lighting, paving, curbs and drainage devices.
Failure to perform under the agreement may lead to revocation of the permit, forfeiture of the security, or any other remedies available to the City.
26-317 Street Names
The names of streets to appear on final and parcel maps shall be designated by the city engineer and Community Development Director or their designees. Subdividers may submit suggested names for the city engineer’s and Community Development Director or their designee’s consideration. The city engineer and Community Development Director or their designee shall consider continuity or establishment of naming patterns, phonetic similarity to previously named streets, objectionable or improper connotation, subdivider’s desires, and other factors the city engineer and Community Development Director or their designee find relevant or practical. 26-318 Improvements and Dedications with Remainder Parcels When a subdivision is of a portion of any previously existing lot or lots, the remaining portion or portions of the previously existing lot or lots are remainder parcels and shall be subject to required improvements and dedications as determined by the Planning Commission in the same manner as if the remainder parcels were included in the subdivision, including the provisions in this chapter for agreements and security.
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26-319 Application of Chapter to Current Maps
Parcel maps and final maps which have been approved by the City Council shall not be affected by the adoption of this chapter or amendments thereto. Tentative maps which have been approved or conditionally approved by the advisory agency or appeal board shall not be affected by the adoption of this chapter or amendments thereto except as follows:
(a) The parcel maps and final maps for approved or conditionally approved tentative maps shall conform to the current requirements for parcel maps and final maps at the time of City Council approval. (b) At the time of consideration by the advisory agency of a request to extend the expiration time for a tentative map, such tentative map shall conform to the current requirements for tentative maps; and the advisory agency or City Council may revise or add conditions of approval in accordance with the current requirements for tentative maps.
DIVISION 3 TENTATIVE TRACT MAPS
26-320 Processing Fee
The fee for processing a tentative tract map shall be as established from time to time by resolution of the City Council.
26-321 Filing
The tentative tract map shall be filed with the secretary of the Planning Commission. 26-322 Notice of Hearings
(a) In addition to the requirements of the Subdivision Map Act, mailed notices shall be sent to owners of property located within five hundred (500)three hundred (300) feet of the boundaries of the tentative tract map. The person filing the tentative map shall concurrently submit a sketch in sufficient detail and to scale of the property configurations within five hundred (500) three hundred (300) feet of the boundaries of the tentative map and a list of property owners and their addresses. Said list shall be keyed numerically or alphabetically to said sketch.
The property owners shall be as shown on the last Los Angeles County Assessor’s tax roll preceding the filing of the tentative map
(b) An on-site notice shall also be posted on the site of the subdivision. The on-site notice shall follow the standards and requirements listed in Article VI Division 1.
26-323 Submittals of Tentative Tract Maps
To provide the City with sufficient information in a readily usable format for consideration of the tentative tract maps’ compliance with the Subdivision Map Act and this chapter, the following requirements for submittals of tentative maps are established:
(a) Tentative tract map information. Each tentative map shall contain the following information:
(1) Tract number of parcel map number obtained from the county engineer. (2) Name, address and signature of the owner whose property is proposed to be subdivided and the name, address and signature of the subdivider.
(3) Name, address, signature and number of the registered civil engineer, or licensed surveyor, who prepared the tentative map.
(4) North arrow, scale, boundary lines, date.
(5) The location, width and proposed names of all streets within the boundaries of the proposed subdivision or division of land and their approximate grades.
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(6) Location and width of alleys.
(7) Name, location and width of all adjoining highways, streets or ways. (8) Lot lines and approximate dimensions, areas and numbers of each lot. (9) Lot lines and approximate dimensions, and areas of remainder parcels. (10) Approximate location, width and directions of flow of all watercourses; the approximate locations of all areas subject to inundation from floods; and location of structures, irrigation ditches and other permanent physical features.
(11) Approximate contours at sufficient intervals to determine existing topography and all proposed grading. (12) Approximate location and outline to scale of existing buildings and permanent structures. (13) Approximate location of each area covered by trees with a statement of the nature of the cover and the kind and approximate location of all trees standing within the boundaries of the proposed public rights-ofway and private streets. (14) Description of the exterior boundaries of the subdivision or division of land (or legal description of the property comprising the subdivision or division of land). (15) Width and location of all existing or proposed public or private easements. (16) Classification of lots as to intended use.
(17) Approximate radii of all curves.
(18) Proposed public areas, if any.
(19) For a division of land consisting of a condominium project, as defined in section 1350 of the Civil Code, a community apartment project, as defined in section 11004 of the Business and Professions Code, the tentative map shall show the general location of all buildings to be erected or maintained and the means of access to such buildings.
(20) A vicinity map showing the location of the division in relation to the nearest existing cross streets. If it is impossible or impracticable to place upon the tentative map any matter required by this section, such information shall be submitted with the map.
(b) Scale of tentative tract map. Each tentative tract map shall be drawn to scale as to clearly show the details of the plan thereon. Such scale shall be no smaller than a scale of one (1) inch to fifty (50) feet. A smaller scale may be used if previously approved by the city engineer.
(c) Reports and statements. The tentative tract map shall show or be accompanied by reports and written statements from the subdivider giving essential information regarding the following matters:
(1) Source of water supply.
(2) Type of street improvements and utilities which the subdivider proposed to install. (3) Proposed method of sewage disposal.
(4) Proposed storm drains or other means of drainage (grade and size). (5) Water Quality Requirements or a preliminary Standard Urban Stormwater Mitigation Plan (SUSMP) and drainage study.
(6) Protective covenants to be recorded.
(7) Proposed tree planting.
(8) The existing zoning and, if a zone change is proposed, the requested zoning for all real property within the division of land.
(9) A written statement by the registered civil engineer or land surveyor as to whether or not he will set boundary monuments prior to filing the final parcel map with the county recorder. (10) Proposed intent, if any, to file multiple final maps.
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26-324 Required Findings for Tentative Tract Maps
The following findings are required for approval of a tentative tract map:
(a) The proposed map is consistent with the General Plan and any applicable adopted specific plans. (b) The design or improvement of the proposed subdivision is consistent with the General Plan and applicable adopted specific plans.
(c) The site is physically suitable for the type of development. (d) The site is physically suitable for the proposed density of development. (e) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat. (f) Neither the design of the subdivision nor the type of improvements are likely to cause serious public health problems.
(g) The design of the subdivision or the type of improvements will either (i) not conflict with recorded or adjudged easements, acquired by the public at large, for access through or use of, property within the proposed subdivision; or (ii) alternate easements, for access or for use, will be provided, and these will be substantially equivalent to ones previously acquired by the public.
26-325 Amendment to a Tentative Tract Map
The Community Development Director or their designee may approve an application for minor modification to an approved tentative map without notice or public hearing. A modification is considered minor when, in the determination of the Community Development Director or their designee, it is consistent with the intent of the original map approval, does not violate any provision of this Code, and does not constitute a substantial change to the map or the conditions of approval. A minor modification may only be implemented with the approval of a minor modification as set forth in Article VI, Division 7 of Chapter 26.
DIVISION 4 VESTING TENTATIVE MAPS
26-326 Added Requirements
Any person requesting approval of a Vesting Tentative Map pursuant to the provisions of the Subdivision Map Act shall comply with and be subject to the applicable provisions of the Subdivision Map Act and this chapter as it specifically applies to tentative maps and shall also comply with and be subject to the additional provisions of this article.
26-327 Submittals of Vesting Tentative Maps
A vesting tentative map shall be processed and filed in the same form and with the same content as provided tentative maps except that the words “Vesting Tentative Map” shall be conspicuously printed on the face thereon.
In addition to the information and material required for tentative maps, the following submittals are also required prior to approval of a vesting tentative map:
(a) Plans for all public works improvements to be constructed as a condition of the subdivision prepared by a registered civil engineer in accordance with City standards and approved by the city engineer. (b) Plans for all site development including but not limited to grading, drainage facilities and miscellaneous structures prepared by a registered civil engineer in accordance with City standards and approved by the city engineer. Such plans shall be supported by geological and/or soils engineer’s reports as required by chapter 9 of this Code.
(c) Plans for all structures approved by the Building Official.
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(d) Plans for all irrigation and landscaping approved by the Community Development Director or their designee. (e) Plot plan showing details of the entire development and all improvements to be constructed in the subdivision. 26-328 Amendments to Vesting Tentative Maps
After approval or conditional approval of a vesting tentative map, amendments can be made only by following procedures for the original approval or conditional approval. Approvals or permits which depart from the vesting tentative map may only be granted based upon an amendment to the vesting tentative map. No amendments shall be granted so as to modify or delete any public improvements and site development requirements and condition, including, but not limited to, grading, drainage facilities and miscellaneous structures, approved in the first instance by the Planning Commission.
26-329 Application of Fees
The applicable fees associated with the vesting tentative map and the development thereof shall be paid at the then current rate as the various applications, filings, plan checks, permits, etc., are accomplished. 26-330 Added Fee for Vesting Tentative Map
In addition to any other fees associated with the vesting tentative map and the development therefor there shall paid to the City a fee as established from time-to-time by resolution of the City Council to reimburse the City on a pro rata basis for the costs associated with establishing and adopting the procedure for vesting tentative maps. 26-331 Initial Time period of Rights
The rights conferred by a vesting tentative map shall last for an initial time period of one (1) year after the recording of the final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.
DIVISION 5 FINAL MAPS
26-332 Processing Fee
The fee for processing a final map shall be as established from time to time by resolution of the City Council. In addition, the fee for checking the final map shall be as established by the agency performing the checking; and such fee shall be paid directly to that agency.
26-333 Additional Survey Requirements
The required survey for a final map shall be a field survey made in conformity with the Land Surveyors’ Act done within one (1) year preceding the approval of the final map. A closure shall be done on the survey, and a copy of the closure shall be provided the city engineer and the agency checking the final map. 26-334 Additional Map Requirements
Upon recordation of the final map, a reproducible copy of the map on mylar or other material approved by the city engineer and one (1) blueline or blackline print shall be filed with the city engineer. The copy and print shall have the recorder’s stamp and recording information clearly shown thereon. 26-335 Additional Certification and Acknowledgements
The final map shall contain a certificate for execution by the city treasurer stating that any and all special assessments, if any, levied against land included in the map have been paid in full.
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26-336 Additional Monuments
Monuments for final maps shall be set, found or reset at all angle points and beginnings and ends of curves on the exterior boundary of the subdivision; at all angle points and beginnings and ends of curves on the exterior boundaries of any and all land dedicated or offered for dedication for parks or open spaces; and on the center line of all interior and exterior streets at intersections, tract boundaries, the beginnings and ends of curves, angle points, and the radius center of cul-de-sac.
26-337 Center Line Ties
The engineer or surveyor under whose supervision center line monuments have been set, found or reset shall file with the city engineer a set of notes and corner records, conforming to the size and quality of the city engineer’s standardized office records, showing clearly the ties between each monument and at least four (4) durable, distinctive reference points or monuments subject to the approval of the city engineer. 26-338 Multiple Final Maps
In the event of the filing of multiple final maps relating to an approved or conditionally approved tentative map, the following conditions shall apply:
(a) The map shall be submitted to the Planning Commission for review and conditioning as the commission may find warranted to provide adequate traffic circulation, proportional development of any open spaces, proportional dedication of any parks, adequate drainage facilities, adequate fire protection, adequate water facilities and adequate sewerage facilities.
(b) The final map may be required to include the construction of improvements and dedications outside the boundaries of the final map but inside the boundaries of the tentative map.
DIVISION 6 TENTATIVE PARCEL MAPS
26-339 Tentative Parcel Map Required
A tentative parcel map in accordance with this chapter and the Subdivision Map Act is required for each parcel map. 26-340 Improvements and Dedications Required
Improvements and dedications in accordance with this chapter and the Subdivision Map Act are required for parcel maps.
26-341 Agreements
Required improvements will be completed prior to recordation of the final tentative parcel map, or an agreement in the format provided by the city engineer secured by appropriate security shall be executed prior to recordation to guarantee the improvements. The time of completion of the improvements shall be prior to occupancy of any new structure constructed on any parcel included in the tentative parcel map. This section precludes the satisfaction of improvement requirements by certificate on the tentative parcel map. 26-342 Waivers
The requirement for a tentative parcel map in accordance with this chapter and the Subdivision Map Act may be waived by the Community Development Director or their designee after submittal of a plot map of the proposed division which shall contain a detailed survey of all affected parcels. The content of the plot map shall be determined by the city engineer. Additionally the applicant shall submit a request for waiver in the format provided by Community Development Director or their designee. The preparation and recordation of a final parcel map is still required.
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The Community Development Director or their designee must make the following findings to approve a waiver of a tentative parcel map:
(a) The proposed division complies with the Subdivision Map Act and this chapter as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, and environmental protection.
(b) All fees, dedications or combinations of such fees or dedications which would normally be required of the proposed division of land have been paid or made.
(c) The fire protection for the proposed division of land is adequate as determined by the city fire chief. (d) A field survey has been completed and all monuments and center line ties which would normally be required of the proposed division of land have been set, found, or reset within the year preceding the approval of the waiver.
26-343 Processing Fee
The fee for processing a parcel map shall be as established from time to time by resolution of the City Council. The fee for processing a request for waiver of a parcel map shall be the same as the fee for processing the tentative map submitted with the request for waiver. In addition, the fee for checking the parcel map shall be as established by the agency performing the checking, and such fee shall be paid directly to that agency. 26-344 Processing Procedure
The procedure for processing, approval, conditional approval or disapproval and filing of tentative parcel maps and modifications thereof shall be as provided in this chapter and the Subdivision Map Act for processing, approval, conditional approval, or disapproval and filing of tentative maps and final maps and modifications thereof. 26-345 Additional Map Requirements
The tentative parcel map shall include any additional map requirements as this chapter may require of final maps. 26-346 Owners Consent
Where a subdivider does not have a record title ownership in the property to be divided, the persons with record title ownership shall sign a certificate on the parcel map consenting to the subdivision. 26-347 Expiration of Approval or Conditional Approval of Tentative Parcel Map (a) An approved or conditionally approved tentative parcel map shall expire twenty-four (24) months after its approval or conditional approval or such other period as may be set by section 66452.6 of the Government Code or any successor law. Failure to file a final map prior to the expiration of a tentative parcel map will automatically void the tentative parcel map.
(b) A subdivider may apply for up to three (3) two-year extensions of time of the tentative parcel map expiration.
Such application must be filed prior to the expiration of the tentative parcel map and must clearly state the reasons why the final map has not been recorded. An application for an extension may be granted by the Planning Commission only after first finding all of the following:
(1) There have been no changes to the provisions of the General Plan, any applicable specific plan, or this chapter applicable to the project since the approval of the tentative parcel or tract map; (2) There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this chapter apply to the project; and City of West Covina
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(3) There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project.
(c) The community development director may impose new conditions on the tentative parcel map, based on changed circumstances, code amendments, or oversights disclosed in review of the application for extension of the tentative parcel map.
DIVISION 7 REVERSIONS TO ACREAGE
26-348 Parcel Maps
A parcel map may be filed pursuant to the provisions of the Subdivision Map Act for the purpose of reverting to acreage land previously subdivided and consisting of four (4) or less contiguous parcels under the same ownership.
The filing of the map shall constitute legal reversion to acreage of the land affected thereby and shall also constitute abandonment of all streets and easements not shown on the map. The filing of the map shall also constitute a merger of the separate parcels not divided by streets into one (1) parcel. A certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.
26-349 Processing fee
The processing fee for processing a reversion to acreage shall be equivalent to the processing fee for a parcel map as established from time to time by resolution of the City Council. 26-350 Dedications
Dedications or offers of dedication of land for streets, highways, or easements necessary for public health and safety or a prerequisite to the orderly development of the surrounding area shall be required as a condition of reverting to acreage land previously subdivided.
DIVISION 8 LOT LINE ADJUSTMENTS
26-351 Lot Line Adjustment Procedure
Any person requesting approval of a lot line adjustment shall submit to the city engineer the following:
(a) A detailed sketch to scale of not less than one (1) inch equals fifty (50) feet of the existing and proposed lot lines for each of the parcels. Existing building structures shall be delineated on the sketch with dimensions shown to the lot line being adjusted. Lot areas before and after the proposed lot line adjustment shall be indicated on the sketch. Legal descriptions of the existing and proposed parcels shall be filed with the detailed sketch. (b) A notarized written request for the proposed lot line adjustment from all property owners involved and parties of interest.
(c) The fee for processing as set from time to time by resolution of the City Council. (d) For lot line adjustments between five (5) or more existing adjoining parcels , after review and determination by the city engineer and Community Development Director or their designee that the proposed lot line adjustment is in conformance with the General Plan, applicable specific plans, the Subdivision Map Act and this chapter, the city engineer will submit the proposed lot line adjustment to the City Council for approval by resolution, and recordation thereof with the county recorder.
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is in conformance with the General Plan, applicable specific plans, the Subdivision Map Act and this chapter, the city engineer will submit the proposed lot line adjustment for recordation thereof with the county recorder.
DIVISION 9 LOT MERGER *NEW*
26-352 Lot Merger applicability
Pursuant to the provisions of California Government Code Section 66499.20.3, a merger and certificate of merger of existing adjoining parcels of real property under common ownership may be authorized by the city engineer and filed for record by the County Recorder only where the city engineer makes all of the following findings:
(a) The merger will not affect any fees, grants, easements, agreements, conditions, dedications, offers to dedicate or security provided in connection with any approvals of divisions of real property or lot line adjustments; (b) The boundaries of the parcels to be merged are well-defined in existing recorded documents or filed maps and were legally created or have certificates of compliance issued on them; (c) The merger will not alter the exterior boundary of the parcels to be merged; (d) The document used to effect the merger contains an accurate description of the exterior boundaries of the resulting parcel;
(e) All parties having any record title interest in the real property affected have consented to the merger upon a form and in a manner approved by the city engineer, excepting all those interests that are excepted from the requirement to consent to the preparation and recordation of Final Maps under the provisions of California Government Code Section 66436 and according to the terms, provisions, reservations and restrictions provided therein for such consent;
(f) All necessary fees and requirements, including a fee for recording the document have been provided; 26-353 Concurrent filing of record of survey
Where a record of survey is deemed to be necessary by the city engineer or the applicant in order to monument and define the boundaries of the merged parcel, such record of survey, otherwise in compliance with all requirements, may be filed at the same time as the merger and certificate of merger. 26-354 Merger of parcels
The filing of the merger and certificate of merger for record shall constitute a merger of the separate parcels into one parcel for the purpose of the Subdivision Map Act and local ordinances enacted pursuant thereto, and the parcels shall thereafter be treated in all respects as a single parcel. 26-355 Recording of merger without approval prohibited
No person shall record a document merging separate legal parcels into a single legal parcel for the purposes of the Subdivision Map Act and local Ordinances enacted pursuant thereto except in conformity with the provisions of this Chapter.
DIVISION 10 CERTIFICATE OF COMPLIANCE *NEW*
26-356 Certificate of compliance
(a) Any owner of real property or a vendee of such person pursuant to a contract of sale of such real property may request in writing that the city engineer make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and City ordinances enacted pursuant thereto, or that such real property does not comply with the provisions, and the city engineer shall so notify the owner thereof setting City of West Covina
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forth the particulars of such compliance or noncompliance. If the subject real property is found to be in compliance with the Subdivision Map Act and city ordinances enacted pursuant thereto, the city engineer shall cause a certification of compliance relative to such real property to be filed for record with the county recorder. (b) If the subject real property is found not to be in compliance with the Subdivision Map Act and city ordinances enacted pursuant thereto, the city engineer may issue a notice of violation or a conditional certificate of compliance. When issuing a conditional certificate of compliance, the city engineer may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest in the property and which had been established at such time by the Subdivision Map Act or city ordinances enacted pursuant thereto. Upon making such a determination and establishing such conditions, the city engineer shall cause a conditional certification of compliance setting forth such conditions to be filed for record with the county recorder, fulfillment and implementation of the conditions shall be required prior to the subsequent issuance of a permit or grant of approval for development of the property, but compliance with such conditions shall not be required until such time as a building permit or granting permit is issued by the city. (c) A certificate of compliance shall be used for the following purposes:
(1) For the recordation of a waiver of a parcel map.
(2) To determine compliance with the Subdivision Map Act and of the City of West Covina Subdivision Regulations, upon the application of any person owning real property or a vendee of that person pursuant to a contract sale.
(3) To establish a violation of or correction of a violation of the Subdivision Map Act and of City of West Covina Subdivision Regulations.
DIVISION 11 PARCEL MAPS FOR URBAN LOT SPLITS
26-357 Purpose and Definitions
The purpose of this Article is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7. For purposes of this article, the following definition shall apply:
Urban lot split means a lot split of a single-family residential lot into two (2) parcels that meets the requirements of this article.
26-358 Ministerial approval
The City shall ministerially approve a parcel map for a lot split that meets the following requirements or as required by State Law:
(a) The parcel is located within a single-family residential (R-1) zone. (b) The parcel map divides an existing parcel to create no more than two (2) new parcels of approximately equal lot area, provided that one (1) parcel shall not be smaller than forty (40) percent of the lot area of the original parcel.
(c) Both newly created parcels are no smaller than one thousand two hundred (1,200) square feet. (d) The parcel is not located in any of the following areas and does not fall within any of the following categories:
(1) 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.
(2) 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.
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(3) 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 division.
(e) The proposed lot split would not require demolition or alteration of any of the following types of housing:
(1) 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; (2) Housing that is subject to any form of rent or price control by the City; (3) 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
(4) Housing that has been occupied by a tenant in the last three (3) years. (f) The lot split does not create more than two (2) units on a parcel, including any accessory dwelling units or junior accessory dwelling units.
26-359 Standards and requirements
The following requirements shall apply:
(a) The lot split conforms to all applicable objective requirements of the Subdivision Map Act and The City of West Covina Subdivision Standards, except as the same are modified by this section. (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.
(i) The front setback may be reduced if the construction of an 800-square-foot unit would not be physically possible without the front setback reduction after the implementation of (2)b. of this section is incorporated with the project design.
(c) The applicant shall provide easements for the provision of public services and facilities as required. (d) All lots shall have a minimum street frontage of twelve (12) feet to provide for vehicular access. (e) Walls facing any modified setback and walls for any new structure shall meet the fire-rating and opening requirements in the California Building Code.
(f) Only structures that comply with the requirements of urban dwellings, as set forth in Article IV, Division 4 shall be allowed on lots created by this process.
26-360 Limitations
The City shall not require or deny an application based on any of the following:
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(a) The City shall not require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map. (b) The City shall not impose any objective subdivision 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.
(c) The City shall not require the correction of nonconforming zoning provisions as a condition for the lot split. (d) The City shall not deny an application solely because it proposes adjacent or connected structure provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance. 26-361 Affidavit
An applicant for an urban lot split shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:
(a) That the applicant intends to occupy one (1) of the housing units as their principal residence for a minimum of three (3) years from the date of approval. This requirement does not apply when the applicant is a “community land trust” or a “qualified nonprofit corporation” as the same are defined in the Revenue and Taxation Code. (b) That the uses shall be limited to residential uses. (c) That any rental of any unit created by the lot split shall be for a minimum of thirty-one (31) days. (d) That the site is not eligible for any street parking permits. (e) 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 Article IV, Division 4 (Urban Dwelling Units) of this Code. 26-362 Building official Denial
The city may deny the lot split 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 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.
26-363 Inapplicability of article
This article shall not apply to:
(a) Any parcel which has been established pursuant to a lot split in accordance with this article; or (b) Any parcel where the owner of the parcel being subdivided or any person acting in concert with the owner has previously subdivided an adjacent parcel in accordance with this article. For purposes of this section, “acting in concert” shall include, but not be limited to, where the owner of a property proposed for an urban lot split is the same, related to, or connected by partnership to the owner, buyer or seller (if transferred within the previous three (3) years) of an adjacent lot.
DIVISION 12 CONDOMINIUM CONVERSION *NEW*
26-364 Conversion to Condominium
(a) Any building or structure proposed to be converted from residential rental housing to a condominium shall require a Conditional Use Permit and shall be found by the Planning Commission to be in substantial City of West Covina
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conformance with Section 66427.1 (Subdivision Map Act) and the West Covina General Plan and applicable sections of the Municipal Code.
(b) The structural, electrical, fire, and life safety systems of the structure either are, or are proposed to be prior to the sale of the units, in a condition of good repair and maintenance, including such alterations or repairs as are required by the Building Official.
26-365 Notice to occupying tenants
All tenants occupying a unit shall be given written notice of the proposed conversion pursuant to the provisions of California Government Code Section 66427.1 (Subdivision Map Act) and a nontransferable right of first refusal to purchase the occupied unit at the same or at better terms than those offered to the general public. Such right of first refusal shall be effective for a period of not less than 90 days from the date at which such units are offered for sale to the public, as described in Section 66427.1. The tenant may waive any such right by executing a written notice to that effect or by terminating his or her tenancy and vacating the unit without acting on the right.
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District Outreach Summaries
Hosted by the City of West Covina, and KTGY
Hosted on March 2022
ATTACHMENT NO. 4
West Covina Development Code Update | Meeting Summary KTGY Architecture + Planning | 3 PROJECT FLYER • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 4 WEBSITE DATA • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 5
SESSION PHOTOGRAPHS
District #1• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 6 District #4• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 6 District #3• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 7 SOCIAL MEDIA • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 8 YOUTUBE LIVE • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 9 PRESENTATION QUESTIONS• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • •• • 11 LIST OF PARTICIPANTS• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 19
TABLE OF CONTENTS
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WEST COVINA
DEVELOPMENT CODE
UPDATE
4 | KTGY Architecture + Planning August 9th Meeting
WEBSITE DATA
2 Participants That
Took Survey
28 Registered
Participants
1 Survey’s
Launched
556
Total Site Visits
149
Most Site Visits in Week
(leading up to 1st & 2nd
Session)
66 Site Visits in Last 30 Days
(Apr. 11, 2022)
West Covina Development Code Update | Meeting Summary KTGY Architecture + Planning | 5
SESSION PHOTOS
6 | KTGY Architecture + Planning August 9th Meeting
SESSION PHOTOS
West Covina Development Code Update | Meeting Summary KTGY Architecture + Planning | 7
SOCIAL MEDIA
WEST COVINA
DEVELOPMENT CODE
UPDATE
DISTRICT 1
Wednesday, March 23, 2022 @6:30pm
Development Code Outreach Meeting
westcovinacodeupdate.org for more info
City Council Chambers
1444 W Garvey Avenue S
WEST COVINA
DEVELOPMENT CODE UPDATE
westcovinacodeupdate.org for more info
DISTRICT 2
Monday, March 28, 2022 @6:30pm
Development Code Outreach Meeting
Cameron Community Center
1305 E Cameron Avenue
WEST COVINA
DEVELOPMENT CODE UPDATE
westcovinacodeupdate.org for more info
DISTRICT 3
Wednesday, March 30, 2022 @6:30pm
Development Code Outreach Meeting
Cameron Community Center
1305 E Cameron Avenue
WEST COVINA
DEVELOPMENT CODE UPDATE
westcovinacodeupdate.org for more info
DISTRICT 4
Monday, March 14, 2022 @6:30pm
Development Code Outreach Meeting
Cortez Park Community
2501 E Cortez Street
WEST COVINA
DEVELOPMENT CODE UPDATE
westcovinacodeupdate.org for more info
DISTRICT 5
Wednesday, March 16, 2022 @6:30pm
Development Code Outreach Meeting
Shadow Oak Park
2121 E Shadow Oak Drive
WEST COVINA
DEVELOPMENT CODE UPDATE
8 | KTGY Architecture + Planning August 9th Meeting
YOUTUBE LIVE
West Covina Development Code Update | Meeting Summary KTGY Architecture + Planning | 9 Turning Point technology allows audience
members to interact with the presentation by
answering prepared multiple choice questions
designed to gauge the preferences of participants.
This data is shown live as it is collected during
the presentation and is also saved for later
analysis by team members, and helps in the plan
development process.
Turning Point remote used to
interact with presentations
OUTREACH DATA COLLECTION
10 | KTGY Architecture + Planning August 9th Meeting
Responses
Percent Count
West Covina Resident 89 24
West Covina Business
Owner/Employee 4 1
Development Professional 4 1
Other 4 1
1. I am a...?
Responses
Percent Count
ment Code 43% 9
y’s Future 10% 2
he Snacks 10% 2
A, B, & C 33% 7
ngo Night 5% 1
Totals 100% 21
e Choice)
Responses
Percent Count
a Resident 89% 24
Employee 4% 1
oper, etc.) 4% 1
Other 4% 1
Totals 100% 27
hink That The Current Zoning Code Is Too Complicated: (Multiple Choice) Responses
Percent Count
gly Agree 17% 5
what Agree 38% 11
Disagree 14% 4
Disagree 3% 1
No Opinion 28% 8
Totals 100% 29
Highest Priority for the Development Code? (Multiple Choice) Responses
Percent Count
ommercial
Land Uses 3% 1
plify Uses 21% 6
egulations 24% 7
New MultiFamily
elopments
28% 8
Other 24% 7
Totals 100% 29
Areas, Do You Think the Existing Code Requires Enough Parking? (Multiple Choice) Responses
Percent Count
Definitely 17% 5
Sometimes 28% 8
ost Places 28% 8
Definitely 21% 6
No Opinion 7% 2
Totals 100% 29
* hl h
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
To Learn
About The
Development
Code
To Provide
Input on The
City’s Future
For the Snacks A, B, & C I Thought It
Was Bingo
Night
West Covina Resident West Covina Business
Owner/Employee
Development
Professional
(Architect, Developer,
etc.)
Other
89%
4% 4% 4%
Different Types
of Commercial
Land Uses
Simplify Uses Update Parking
Regulations
Create ODS for
New MultiFamily
& Mixed-Use
Developments
Other
3%
21%
24%
28%
24%
Strongly Agree Somewhat Agree Somewhat
Disagree
Strongly Disagree No Opinion
17%
38%
14%
3%
28%
17%
28% 28%
21%
7%
PRESENTATION RESPONSE DATA
Responses
Percent Count
Strongly Agree 17 5
Somewhat Agree 38 11
Somewhat Disagree 14 4
Strongly Disagree 3 1
No Opinion 28 8
Responses
Percent Count
Different types of commercial
land uses 3 1
Simplify uses 21 6
Update parking regulations 24 7
Create ODS for new
multi-family & mixed-use
developments
28 8
Other 24 7
2. In General, I think that the current Zoning Code is too complicated.
3. What is your highest-priority for the Development Code? ou Attend This Meeting? (Multiple Choice)
Responses
Percent Count
elopment Code 43% 9
e City’s Future 10% 2
For the Snacks 10% 2
A, B, & C 33% 7
as Bingo Night 5% 1
Totals 100% 21
ultiple Choice)
Responses
Percent Count
ovina Resident 89% 24
wner/Employee 4% 1
eveloper, etc.) 4% 1
Other 4% 1
Totals 100% 27
I Think That The Current Zoning Code Is Too Complicated: (Multiple Choice) Responses
Percent Count
Strongly Agree 17% 5
omewhat Agree 38% 11
ewhat Disagree 14% 4
ongly Disagree 3% 1
No Opinion 28% 8
Totals 100% 29
our Highest Priority for the Development Code? (Multiple Choice) Responses
Percent Count
of Commercial
Land Uses 3% 1
Simplify Uses 21% 6
ng Regulations 24% 7
for New MultiFamily
Developments
28% 8
Other 24% 7
Totals 100% 29
ential Areas, Do You Think the Existing Code Requires Enough Parking? (Multiple Choice) Responses
Percent Count
Yes, Definitely 17% 5
es, Sometimes 28% 8
or Most Places 28% 8
No, Definitely 21% 6
No Opinion 7% 2
Totals 100% 29
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
To Learn
About The
Development
Code
To Provide
Input on The
City’s Future
For the Snacks A, B, & C I Thought It
Was Bingo
Night
West Covina Resident West Covina Business
Owner/Employee
Development
Professional
(Architect, Developer,
etc.)
Other
89%
4% 4% 4%
Different Types
of Commercial
Land Uses
Simplify Uses Update Parking
Regulations
Create ODS for
New MultiFamily
& Mixed-Use
Developments
Other
3%
21%
24%
28%
24%
Strongly Agree Somewhat Agree Somewhat
Disagree
Strongly Disagree No Opinion
17%
38%
14%
3%
28%
17%
28% 28%
21%
7%
Question
ou Attend This Meeting? (Multiple Choice)
Responses
Percent Count
elopment Code 43% 9
e City’s Future 10% 2
For the Snacks 10% 2
A, B, & C 33% 7
as Bingo Night 5% 1
Totals 100% 21
ultiple Choice)
Responses
Percent Count
ovina Resident 89% 24
wner/Employee 4% 1
eveloper, etc.) 4% 1
Other 4% 1
Totals 100% 27
I Think That The Current Zoning Code Is Too Complicated: (Multiple Choice) Responses
Percent Count
Strongly Agree 17% 5
omewhat Agree 38% 11
ewhat Disagree 14% 4
ongly Disagree 3% 1
No Opinion 28% 8
Totals 100% 29
our Highest Priority for the Development Code? (Multiple Choice) Responses
Percent Count
of Commercial
Land Uses 3% 1
Simplify Uses 21% 6
ng Regulations 24% 7
for New MultiFamily
Developments
28% 8
Other 24% 7
Totals 100% 29
ential Areas, Do You Think the Existing Code Requires Enough Parking? (Multiple Choice) Responses
Percent Count
Yes, Definitely 17% 5
es, Sometimes 28% 8
or Most Places 28% 8
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
To Learn
About The
Development
Code
To Provide
Input on The
City’s Future
For the Snacks A, B, & C I Thought It
Was Bingo
Night
West Covina Resident West Covina Business
Owner/Employee
Development
Professional
(Architect, Developer,
etc.)
Other
89%
4% 4% 4%
Different Types
of Commercial
Land Uses
Simplify Uses Update Parking
Regulations
Create ODS for
New MultiFamily
& Mixed-Use
Developments
Other
3%
21%
24%
28%
24%
Strongly Agree Somewhat Agree Somewhat
Disagree
Strongly Disagree No Opinion
17%
38%
14%
3%
28%
17%
28% 28%
21%
West Covina Development Code Update | Meeting Summary KTGY Architecture + Planning | 11 PRESENTATION RESPONSE DATA, CONT.
Responses
Percent Count
Yes, Definitely 17 5
Yes, Sometimes 28 8
No, For Most Places 28 8
No, Definitely 21 6
No Opinion 7 2
4. For Residential Area, do you think the existing code requires enough parking?
Responses
Percent Count
Commercial
Land Uses 3% 1
mplify Uses 21% 6
Regulations 24% 7
New MultiFamily
velopments
28% 8
Other 24% 7
Totals 100% 29
al Areas, Do You Think the Existing Code Requires Enough Parking? (Multiple Choice) Responses
Percent Count
, Definitely 17% 5
Sometimes 28% 8
Most Places 28% 8
, Definitely 21% 6
No Opinion 7% 2
Totals 100% 29
* This question was very general in the 1st session.
ial Areas, Do You Think The Existing Code Requires Enough Parking? (Multiple Choice) Responses
Percent Count
, Definitely 56% 10
Sometimes 22% 4
Most Places 11% 2
, Definitely 0% 0
No Opinion 11% 2
Totals 100% 18
* This question was very general in the 1st session.
Different Types
of Commercial
Land Uses
Simplify Uses Update Parking
Regulations
Create ODS for
New MultiFamily
& Mixed-Use
Developments
Other
3%
21%
24%24%
Yes, Definitely Yes, Sometimes No, For Most
Places
No, Definitely No Opinion
17%
28% 28%
21%
7%
0%
10%
20%
30%
40%
50%
60%
Yes, Definitely Yes, Sometimes No, For Most
Places
No, Definitely No Opinion
56%
22%
11%
0%
11%
Responses
Percent Count
Craft Food Manufacturing
(e.g. craft bakery) 19 5
Escape Rooms 0 0
Craft Breweries/Distilleries
With or Without Tasting
Rooms
12 3
All of the Above 46 12
Other Uses 23 6
5. For Commercial Areas, do you think the existing code requires enough parking?
6. Which Retail Uses, not in the Code, would you like to see? riority for the Development Code? (Multiple Choice)
Responses
Percent Count
3% 1
21% 6
24% 7
28% 8
24% 7
100% 29
Do You Think the Existing Code Requires Enough Parking? (Multiple Choice) Responses
Percent Count
17% 5
28% 8
28% 8
21% 6
7% 2
100% 29
* This question was very general in the 1st session.
Do You Think The Existing Code Requires Enough Parking? (Multiple Choice) Responses
Percent Count
56% 10
22% 4
11% 2
0% 0
11% 2
100% 18
* This question was very general in the 1st session.
Different Types
of Commercial
Land Uses
Simplify Uses Update Parking
Regulations
Create ODS for
New MultiFamily
& Mixed-Use
Developments
Other
3%
21%
24%
28%
24%
Yes, Definitely Yes, Sometimes No, For Most
Places
No, Definitely No Opinion
17%
28% 28%
21%
7%
0%
10%
20%
30%
40%
50%
60%
Yes, Definitely Yes, Sometimes No, For Most
Places
No, Definitely No Opinion
56%
22%
11%
0%
11%
l Uses Not In The Code Would You Like To See? (Multiple Choice) Responses
Percent Count
craft bakery) 19% 5
scape Rooms 0% 0
stilleries With
asting Rooms 12% 3
of the Above 46% 12
Other Uses 23% 6
Totals 100% 26
ndemic, There Has Been More Demand For “Drive-Thru” Restaurants. Should Drive-Thrus: (Multiple Choice) Responses
Percent Count
oval Process 66% 19
The Freeway 3% 1
d IThCit10% 3
Craft Food Manufacturing
(e.g. craft bakery)
Craft Breweries/Distilleries
With or Without Tasting
Rooms
Other Uses
19%
0%
12%
46%
23%
66%
Responses
Percent Count
Yes, Definitely 56 10
Yes, Sometimes 22 4
No, For Most Places 11 2
No, Definitely 0 0
No Opinion 11 2
12 | KTGY Architecture + Planning August 9th Meeting
PRESENTATION RESPONSE DATA
Responses
Percent Count
Be Limited and Have An
Extensive Approval Process 66 19
Only Be Allowed Close To
The Freeway 3 1
Should Not Be Allowed In
The City 10 3
Be Allowed In Commercial
Areas In The City w/o An
Extensive Review Process
10 3
Other Opinion 10 3
7. With the Pandemic, there has been more demand for “Drive-Thru” Restaurants. Should Drive-Thrus:
Responses
Percent Count
kery) 19% 5
ooms 0% 0
With
ooms 12% 3
Above 46% 12
Uses 23% 6
otals 100% 26
There Has Been More Demand For “Drive-Thru” Restaurants. Should Drive-Thrus: (Multiple Choice) Responses
Percent Count
cess 66% 19
eway 3% 1
City 10% 3
ercial
o An
cess
10% 3
inion 10% 3
otals 100% 29
ncrease the Beauty of a City. (Multiple Choice)
Responses
Percent Count
Agree 44% 10
Agree 19% 5
agree 6% 6
agree 13% 5
inion 19% 3
otals 100% 29
ace Requirements for Multi-Family & Mixed-Use Developments Change? (Multiple Choice) Responses
Percent Count
uired 48% 14
ments
lar to
Cities
10% 3
ments
Same 31% 9
inion 3% 1
Other 7% 2
otals 100% 29
tly Requires A Hearing For “Large Home”. Should This Be Modified? (Multiple Choice) Responses
Percent Count
nts &
d Be
nated
15% 4
Only
d On
e Lot
37% 10
Well 26% 7
inion 11% 3
Yes, More Open
Space Should Be
Required
Yes, Open Space
Requirements
Should Be Similar to
Surrounding Cities
No, Open Space
Requirements
Should Remain the
Same
No Opinion Other
48%
10%
31%
3%
7%
Craft Food Manufacturing
(e.g. craft bakery)
Craft Breweries/Distilleries
With or Without Tasting
Rooms
Other Uses
19%
0%
12%
23%
Be Limited and
Have An Extensive
Approval Process
Only Be Allowed
Close To The
Freeway
Should Not Be
Allowed In The City
Be Allowed In
Commercial Areas
In The City w/o An
Extensive Review
Process
Other Opinion
66%
3%
10% 10% 10%
Strongly Agree Somewhat Agree Somewhat
Disagree
Strongly Disagree No Opinion
44%
19%
6%
13%
19%
15%
37%
26%
11% 11%
Responses
Percent Count
Strongly Agree 44 10
Somewhat Agree 19 5
Somewhat Disagree 6 6
Strongly Disagree 13 5
No Opinion 19 3
8. Generally, Murals increase the Beauty of a City.
ses Not In The Code Would You Like To See? (Multiple Choice) Responses
Percent Count
ft bakery) 19% 5
pe Rooms 0% 0
eries With
ng Rooms 12% 3
the Above 46% 12
Other Uses 23% 6
Totals 100% 26
emic, There Has Been More Demand For “Drive-Thru” Restaurants. Should Drive-Thrus: (Multiple Choice) Responses
Percent Count
al Process 66% 19
e Freeway 3% 1
n The City 10% 3
ommercial
ity w/o An
w Process
10% 3
er Opinion 10% 3
Totals 100% 29
als Increase the Beauty of a City. (Multiple Choice)
Responses
Percent Count
gly Agree 44% 10
what Agree 19% 5
Disagree 6% 6
Disagree 13% 5
o Opinion 19% 3
Totals 100% 29
n Space Requirements for Multi-Family & Mixed-Use Developments Change? (Multiple Choice) Responses
Percent Count
Required 48% 14
uirements
Similar to
ding Cities
10% 3
uirements
the Same 31% 9
o Opinion 3% 1
Other 7% 2
Totals 100% 29
urrently Requires A Hearing For “Large Home”. Should This Be Modified? (Multiple Choice) Responses
Yes, More Open
Space Should Be
Required
Yes, Open Space
Requirements
Should Be Similar to
Surrounding Cities
No, Open Space
Requirements
Should Remain the
Same
No Opinion Other
48%
10%
31%
3%
7%
Craft Food Manufacturing
(e.g. craft bakery)
Craft Breweries/Distilleries
With or Without Tasting
Rooms
Other Uses
19%
0%
12%
46%
23%
Be Limited and
Have An Extensive
Approval Process
Only Be Allowed
Close To The
Freeway
Should Not Be
Allowed In The City
Be Allowed In
Commercial Areas
In The City w/o An
Extensive Review
Process
Other Opinion
66%
3%
10% 10% 10%
Strongly Agree Somewhat Agree Somewhat
Disagree
Strongly Disagree No Opinion
44%
19%
6%
13%
19%
37%
West Covina Development Code Update | Meeting Summary KTGY Architecture + Planning | 13 Presentation Response Data, Cont.
Responses
Percent Count
Yes, More Open Space Should
Be Required 48 14
Yes, Open Space Requirements
Should Be Similar to
Surrounding Cities
10 3
No, Open Space Requirements
Should Remain the Same 31 9
No Opinion 3 1
Other 7 2
Responses
Percent Count
Yes, These Requirements
& Procedures Should Be
Completely Eliminated
15 4
Yes, Simplify The Code To
Only Require a Hearing Based
On The Size Of The Lot
37 10
No, The Current Requirements
Work Well 26 7
No Opinion 11 3
Other 11 3
9. Should Open Space requirements for Multi-Family & Mixed-Use Developments change?
10. The Code currently requires a hearing for “Large Home”. Should this be modified?
s Increase the Beauty of a City. (Multiple Choice)
Responses
Percent Count
ly Agree 44% 10
at Agree 19% 5
Disagree 6% 6
Disagree 13% 5
Opinion 19% 3
Totals 100% 29
Space Requirements for Multi-Family & Mixed-Use Developments Change? (Multiple Choice) Responses
Percent Count
Required 48% 14
irements
Similar to
ng Cities
10% 3
irements
he Same 31% 9
Opinion 3% 1
Other 7% 2
Totals 100% 29
rently Requires A Hearing For “Large Home”. Should This Be Modified? (Multiple Choice) Responses
Percent Count
ements &
hould Be
iminated
15% 4
To Only
ased On
f The Lot
37% 10
ork Well 26% 7
Opinion 11% 3
Other 11% 3
Totals 100% 27
Be Protected in the Hillside Areas of the City? (Multiple Choice) Responses
Yes, More Open
Space Should Be
Required
Yes, Open Space
Requirements
Should Be Similar to
Surrounding Cities
No, Open Space
Requirements
Should Remain the
Same
No Opinion Other
48%
10%
31%
3%
7%
Strongly Agree Somewhat Agree Somewhat
Disagree
Strongly Disagree No Opinion
44%
19%
6%
13%
19%
Yes, These
Requirements &
Procedures Should
Be Completely
Eliminated
Yes, Simplify The
Code To Only
Require a Hearing
Based On The Size
Of The Lot
No, The Current
Requirements Work
Well
No Opinion Other
15%
37%
26%
11% 11%
Opinion 10% 3
Totals 100% 29
s Increase the Beauty of a City. (Multiple Choice)
Responses
Percent Count
ly Agree 44% 10
at Agree 19% 5
Disagree 6% 6
Disagree 13% 5
Opinion 19% 3
Totals 100% 29
Space Requirements for Multi-Family & Mixed-Use Developments Change? (Multiple Choice) Responses
Percent Count
Required 48% 14
irements
Similar to
ng Cities
10% 3
irements
he Same 31% 9
Opinion 3% 1
Other 7% 2
Totals 100% 29
rently Requires A Hearing For “Large Home”. Should This Be Modified? (Multiple Choice) Responses
Percent Count
ements &
hould Be
iminated
15% 4
To Only
ased On
f The Lot
37% 10
ork Well 26% 7
Opinion 11% 3
Other 11% 3
Totals 100% 27
Be Protected in the Hillside Areas of the City? (Multiple Choice) Responses
Yes, More Open
Space Should Be
Required
Yes, Open Space
Requirements
Should Be Similar to
Surrounding Cities
No, Open Space
Requirements
Should Remain the
Same
No Opinion Other
48%
10%
31%
3%
7%
Be Limited and
Have An Extensive
Approval Process
Only Be Allowed
Close To The
Freeway
Should Not Be
Allowed In The City
Be Allowed In
Commercial Areas
In The City w/o An
Extensive Review
Process
Other Opinion
3%
Strongly Agree Somewhat Agree Somewhat
Disagree
Strongly Disagree No Opinion
44%
19%
6%
13%
19%
Yes, These
Requirements &
Procedures Should
Be Completely
Eliminated
Yes, Simplify The
Code To Only
Require a Hearing
Based On The Size
Of The Lot
No, The Current
Requirements Work
Well
No Opinion Other
15%
37%
26%
11% 11%
14 | KTGY Architecture + Planning August 9th Meeting
TRANSCRIBED COMMENT CARDS
Responses
Percent Count
Yes, Views Should Be
Protected 43 12
Yes, But Only Some Views
Should Be Protected (i.e. for
Second Story Additions)
32 9
No, Property Owners Should
Be Able To Add Onto
Their Home Without View
Requirements
14 4
No Opinion 4 1
Other 7 2
Responses
Percent Count
Yes, Objective Architectural
Standards Should Be
Included For All Commercial,
Industrial, and Residential
Developments
72 21
Yes, But Only Include It For
Multi-Family and Mixed-Use
Developments. The Planning
Commission Can Review
Others
10 3
No, Objective Development
Standards Are Not Necessary 7 2
No Opinion 7 2
Other 3 1
11. Should views be protected in the Hillside Area?
12. Should Objective Development Standards for projects be added to the Code?
Percent Count
otected 43% 12
e Views
i.e. for
ditions)
32% 9
ould Be
r Home
ements
14% 4
Opinion 4% 1
Other 7% 2
Totals 100% 28
ve Development Standards for Projects Be Added to the Code? (Multiple Choice) Responses
Percent Count
ectural
cluded
ustrial,
pments
72% 21
e It For
ed-Use
anning
Others
10% 3
opment
essary 7% 2
Opinion 7% 2
Other 3% 1
Totals 100% 29
Responses
Percent Count
ould Be
Animals 21% 6
d Allow
Animals
Covina
14% 4
rk Well 55% 16
Opinion 3% 1
Other 7% 2
Totals 100% 29
owing and Sale of Produce Be Allowed In Single-Family Areas? (Multiple Choice) Responses
Percent Count
de Allows for Cats, Dogs, Miniature Pigs, Hens/Pigeons, Hamsters, and Goats (Only s >20,000 Square Feet). Should This Be Adjusted? (Multiple Choice) Yes, Objective
Architectural
Standards Should Be
Included For All
Commercial,
Industrial, and
Residential
Developments
Yes, But Only Include
It For Multi-Family and
Mixed-Use
Developments. The
Planning Commission
Can Review Others
No, Objective
Development
Standards Are Not
Necessary
No Opinion Other
72%
10% 7% 7% 3%
Yes, The Code
Should Be Stricter
In Regulating
Animals
Yes, The Code
Should Allow More
Opportunities for
Animals Within
West Covina
No, The Existing
Regulations Work
Well
No Opinion Other
21%
14%
55%
3%
7%
47%
Yes, Views Should Be
Protected
Yes, But Only Some
Views Should Be
Protected (i.e. for
Second Story
Additions)
No, Property
Owners Should Be
Able To Add Onto
Their Home Without
View Requirements
No Opinion Other
43%
32%
14%
4%
7%
Percent Count
Views Should Be Protected 43% 12
Yes, But Only Some Views
hould Be Protected (i.e. for
Second Story Additions)
32% 9
roperty Owners Should Be
e To Add Onto Their Home
Without View Requirements
14% 4
No Opinion 4% 1
Other 7% 2
Totals 100% 28
3. Should Objective Development Standards for Projects Be Added to the Code? (Multiple Choice) Responses
Percent Count
es, Objective Architectural
ndards Should Be Included
All Commercial, Industrial,
Residential Developments
72% 21
es, But Only Include It For
Multi-Family and Mixed-Use
evelopments. The Planning
mission Can Review Others
10% 3
No, Objective Development
ndards Are Not Necessary 7% 2
No Opinion 7% 2
Other 3% 1
Totals 100% 29
Responses
Percent Count
Yes, The Code Should Be
cter In Regulating Animals 21% 6
es, The Code Should Allow
e Opportunities for Animals
Within West Covina
14% 4
ng Regulations Work Well 55% 16
No Opinion 3% 1
Other 7% 2
Totals 100% 29
4. The Existing Code Allows for Cats, Dogs, Miniature Pigs, Hens/Pigeons, Hamsters, and Goats (Only on Lots >20,000 Square Feet). Should This Be Adjusted? (Multiple Choice) Yes, Objective
Architectural
Standards Should Be
Included For All
Commercial,
Industrial, and
Residential
Developments
Yes, But Only Include
It For Multi-Family and
Mixed-Use
Developments. The
Planning Commission
Can Review Others
No, Objective
Development
Standards Are Not
Necessary
No Opinion Other
72%
10% 7% 7% 3%
Yes, The Code
Should Be Stricter
In Regulating
Animals
Yes, The Code
Should Allow More
Opportunities for
Animals Within
West Covina
No, The Existing
Regulations Work
Well
No Opinion Other
21%
14%
55%
3%
7%
Yes, Views Should Be
Protected
Yes, But Only Some
Views Should Be
Protected (i.e. for
Second Story
Additions)
No, Property
Owners Should Be
Able To Add Onto
Their Home Without
View Requirements
No Opinion Other
43%
32%
14%
4%
7%
West Covina Development Code Update | Meeting Summary KTGY Architecture + Planning | 15 Presentation Response Data, Cont.
Responses
Percent Count
Yes, The Code Should Be
Stricter In Regulating Animals 21 6
Yes, The Code Should Allow
More Opportunities for
Animals Within West Covina
14 4
No, The Existing Regulations
Work Well 55 16
No Opinion 3 1
Other 7 2
Responses
Percent Count
Yes, Urban Agriculture
Opportunities Should be
Expanded Within West Covina
23 7
Yes, But There Should Be
Limits As Where Growing &
Sale of Produce Should Occur
(i.e. Grown in Backyard Only)
23 7
No, The Existing Code
Requirements Are Adequate
– It Should Be Limited To The
Existing Agricultural Zones
47 14
No Opinion 7 2
Other 0 0
13. The Existing Code allows for cats, dogs, miniature pigs, hens/pigeons, hamsters, and goats. (Lots >20,00 sqft. Should this be adjusted?
14. Should the growing and sale of produce be allowed in Single-Family Areas?
Percent Count
hitectural
ncluded
ndustrial,
opments
72% 21
de It For
xed-Use
Planning
w Others
10% 3
elopment
cessary 7% 2
Opinion 7% 2
Other 3% 1
Totals 100% 29
Responses
Percent Count
hould Be
Animals 21% 6
uld Allow
Animals
t Covina
14% 4
ork Well 55% 16
Opinion 3% 1
Other 7% 2
Totals 100% 29
rowing and Sale of Produce Be Allowed In Single-Family Areas? (Multiple Choice) Responses
Percent Count
riculture
hould be
t Covina
23% 7
Be Limits
& Sale of
cur (i.e.
rd Only)
23% 7
ng Code
uate – It
d To The
al Zones
47% 14
Opinion 7% 2
Other 0% 0
Totals 100% 30
e Process within the Existing Code is: (Multiple Choice) Responses
Percent Count
Projects 14% 4
Projects 21% 6
Projects 10% 3
Projects 21% 6
Opinion 34% 10
Totals 100% 29
ty Add Sustainability Requirements? (Multiple Choice)
Responses
Percent Count
ode Allows for Cats, Dogs, Miniature Pigs, Hens/Pigeons, Hamsters, and Goats (Only ts >20,000 Square Feet). Should This Be Adjusted? (Multiple Choice) Yes, Objective
Architectural
Standards Should Be
Included For All
Commercial,
Industrial, and
Residential
Developments
Yes, But Only Include
It For Multi-Family and
Mixed-Use
Developments. The
Planning Commission
Can Review Others
No, Objective
Development
Standards Are Not
Necessary
No Opinion Other
10% 7% 7% 3%
Yes, The Code
Should Be Stricter
In Regulating
Animals
Yes, The Code
Should Allow More
Opportunities for
Animals Within
West Covina
No, The Existing
Regulations Work
Well
No Opinion Other
21%
14%
55%
3%
7%
Yes, Urban
Agriculture
Opportunities
Should be
Expanded Within
West Covina
Yes, But There
Should Be Limits
As Where
Growing & Sale
of Produce
Should Occur (i.e.
Grown in
Backyard Only)
No, The Existing
Code
Requirements
Are Adequate – It
Should Be
Limited To The
Existing
Agricultural
Zones
No Opinion Other
23% 23%
47%
7%
0%
Too Extensive For
All Development
Projects
Too Extensive For
Smaller Projects
Not Extensive
Enough For
Larger Projects
Not Extensive
Enough For All
Development
Projects
No Opinion
14%
21%
10%
21%
34%
lopment Standards for Projects Be Added to the Code? (Multiple Choice) Responses
Percent Count
72% 21
10% 3
7% 2
7% 2
3% 1
100% 29
Responses
Percent Count
21% 6
14% 4
55% 16
3% 1
7% 2
100% 29
nd Sale of Produce Be Allowed In Single-Family Areas? (Multiple Choice) Responses
Percent Count
23% 7
23% 7
47% 14
7% 2
0% 0
100% 30
s within the Existing Code is: (Multiple Choice)
Responses
Percent Count
14% 4
21% 6
10% 3
21% 6
34% 10
100% 29
ws for Cats, Dogs, Miniature Pigs, Hens/Pigeons, Hamsters, and Goats (Only 00 Square Feet). Should This Be Adjusted? (Multiple Choice) Yes, Objective
Architectural
Standards Should Be
Included For All
Commercial,
Industrial, and
Residential
Developments
Yes, But Only Include
It For Multi-Family and
Mixed-Use
Developments. The
Planning Commission
Can Review Others
No, Objective
Development
Standards Are Not
Necessary
No Opinion Other
72%
10% 7% 7% 3%
Yes, The Code
Should Be Stricter
In Regulating
Animals
Yes, The Code
Should Allow More
Opportunities for
Animals Within
West Covina
No, The Existing
Regulations Work
Well
No Opinion Other
21%
14%
55%
3%
7%
Yes, Urban
Agriculture
Opportunities
Should be
Expanded Within
West Covina
Yes, But There
Should Be Limits
As Where
Growing & Sale
of Produce
Should Occur (i.e.
Grown in
Backyard Only)
No, The Existing
Code
Requirements
Are Adequate – It
Should Be
Limited To The
Existing
Agricultural
Zones
No Opinion Other
23% 23%
47%
7%
0%
Too Extensive For
Too Extensive ForNot Extensive
Not Extensive
No Opinion
14%
21%
10%
21%
34%
16 | KTGY Architecture + Planning August 9th Meeting
TRANSCRIBED COMMENT CARDS
Responses
Percent Count
Too Extensive For All
Development Projects 14 4
Too Extensive For Smaller
Projects 21 6
Not Extensive Enough For
Larger Projects 10 3
Not Extensive Enough For All
Development Projects 21 6
No Opinion 34 10
Responses
Percent Count
Yes, EV Charging Spaces and
Designated Clean Air Parking
Spaces Should Be Required for
Major Projects
14 4
Yes, Solar Panels Should Be
Required for All Projects 10 3
Yes, Special EnergyEfficiency Certifications
Should Be Obtained For All
Developments
10 3
No, West Covina Should Be
The Same As The Majority of
Cities In San Gabriel Valley
41 12
Other 17 5
No Opinion 7 2
15. In general, the process within the existing Code is:
16. Should the City add sustainability requirements?
Percent Count
e
e
a
23% 7
s
of
e.
)
23% 7
e
It
e
s
47% 14
n 7% 2
er 0% 0
s 100% 30
ess within the Existing Code is: (Multiple Choice)
Responses
Percent Count
s 14% 4
s 21% 6
s 10% 3
s 21% 6
n 34% 10
s 100% 29
Sustainability Requirements? (Multiple Choice)
Responses
Percent Count
Yes, Urban
Agriculture
Opportunities
Should be
Expanded Within
West Covina
Yes, But There
Should Be Limits
As Where
Growing & Sale
of Produce
Should Occur (i.e.
Grown in
Backyard Only)
No, The Existing
Code
Requirements
Are Adequate – It
Should Be
Limited To The
Existing
Agricultural
Zones
No Opinion Other
23% 23%
7%
0%
Too Extensive For
All Development
Projects
Too Extensive For
Smaller Projects
Not Extensive
Enough For
Larger Projects
Not Extensive
Enough For All
Development
Projects
No Opinion
14%
21%
10%
21%
34%
Yes, EV Charging Spaces and
Designated Clean Air Parking
Spaces Should Be Required for
Major Projects
14% 4
Yes, Solar Panels Should Be
Required for All Projects 10% 3
Yes, Special Energy-Efficiency
Certifications Should Be
Obtained For All Developments
10% 3
No, West Covina Should Be The
Same As The Majority of Cities
In San Gabriel Valley
41% 12
Other 17% 5
No Opinion 7% 2
Totals 100% 29
Yes, EV Charging
Spaces and
Designated Clean
Air Parking Spaces
Should Be Required
for Major Projects
Yes, Solar Panels
Should Be Required
for All Projects
Yes, Special EnergyEfficiency
Certifications
Should Be Obtained
For All
Developments
No, West Covina
Should Be The
Same As The
Majority of Cities In
San Gabriel Valley
Other No Opinion
14%
10% 10%
41%
17%
7%
West Covina Development Code Update | Meeting Summary KTGY Architecture + Planning | 17
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West Covina Development Code Update | Meeting Summary KTGY Architecture + Planning | 19 17911 Von Karman Ave
Suite 200
Irvine, CA 92614
AGENDA
ITEM NO. 1
DATE: November 1, 2023
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
GENERAL PLAN AMENDMENT NO. 23-02
ZONE CHANGE NO. 23-02
CODE AMENDMENT (DEVELOPMENT CODE UPDATE) NO. 23-01
INITIAL STUDY - NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT LOCATION: Citywide
REQUEST: The proposed comprehensive Development Code Update of the City’s Municipal Code, including the combination of the Subdivision Code (Title 20) and the Zoning Code (Title 26) into one Development Code (Title 26). These chapters of the Municipal Code regulate how construction projects are processed and the requirements with which they must comply. These projects can range from small additions to single-family homes to new shopping centers. The goal of this effort is to create a new, streamlined Development Code that establishes clear and concise regulations for property owners, architects, and developers. Some sections of the existing Code have not been updated since the last comprehensive update in 1980. The new Code will eliminate outdated rules and regulations; provide regulations for new uses; and update the Code for consistency with the City’s Housing Element and recent State legislation. It is intended that this Code will simplify the zoning process in the City. In addition, the Development Code Update includes language that prohibits drive-throughs within the Downtown Plan & Code area. This item was continued from the October 24, 2023 Planning Commission meeting.
BACKGROUND
The Development Code Update was initially reviewed by the Planning Commission on October 10, 2023. The Planning Commission continued the item to October 24, 2023 (continued to a November 1st Special meeting on this date) directing staff to advertise the meeting on social media and to make the following revisions:
Incorporate State laws that were recently adopted and signed by the Governor.
Article III, Division 3 (Fences, Walls, and Hedges) - Increase the maximum height side and/or rear property line fences/walls from 6 feet to 7 feet, and ensure that the maximum height is not measured from lower grade (if there are any grade differences).
Article IV, Division 1, Section 26-118 (Emergency Shelters) - Remove time restrictions due to concerns with potential loitering.
Article IV, Division 1, Section 26-120 (Home Occupations) - Update communication tools to include computers and the internet (previous version limited the tools to a telephone).
Article IV, Division 1, Section 26-121 (Massage Parlors and Health and Beauty Spas) - Allow for doors in massage parlors and health and beauty spas.
Article IV, Division 1, Section 26-123 (Mobile Services) - Includes standards or guidelines that would define what negative impacts are and types of services that would constitute a negative impact.
Article IV, Division 1, Section 26-125 (Outdoor Dining) - Remove a 25-percent limitation.
Article VI, Division 10, Section 26-260 (Permit Required) - Increase the 10-percent tree canopy trimming thresholds for permits.
Article VI, Division 10, Section 26-261 (Exceptions to Permit Requirements) - Include private trees in the permit exceptions for emergency tree trimming.
The Planning Commission also asked staff to investigate wireless telecommunication standards for the Cities of Diamond Bar and Walnut to determine if the City is able to increase the minimum distance from any proposed wireless facility from residential facilities, parks, and schools to 1,500 feet.
ATTACHMENT NO. 5
DISCUSSION
Staff has advertised the Planning Commission meeting on the City's social media and revised the Development Code Update language to reflect the intent of the Planning Commission's direction.
The following revisions have been made (see Attachment No. 7 for Strike-through):
Article III, Division 3 (Fences, Walls, and Hedges) - The maximum height for side and/or rear property line fences/walls has been increased from 6 feet to 7 feet, and the maximum height for retaining walls and fence/wall/retaining wall combination has been increased to ensure that the maximum height is not measured from lower grade (if there are any grade differences). The graphics included in the Code have been updated to reflect the change.
Article IV, Division 1, Section 26-118 (Emergency Shelters) - The time restrictions are not State required regulations and were removed.
Article IV, Division 1, Section 26-120 (Home Occupations) - The communication tools have been updated to include computers and the internet in addition to the telephone.
Article IV, Division 1, Section 26-121 (Massage Parlors and Health and Beauty Spas) - Revisions were made to allow doors in primary use massage parlors and health and beauty spas, and clarified that doors are not allowed for accessory massage use (only curtains).
Article IV, Division 1, Section 26-123 (Mobile Services) - Nuisance examples were added and cross-referenced to the public nuisance chapter/section of the West Covina Municipal Code.
Article IV, Division 1, Section 26-125 (Outdoor Dining) - The 25-percent limitation was removed and replaced with language limiting outdoor dining to the area directly in front or to the side of the subject tenant space/business.
Article VI, Division 10, Section 26-260 (Permit Required) - The tree trimming permit threshold was increased to 20-percent (the absolute maximum the consulting arborist recommends).
Article VI, Division 10, Section 26-261 (Exceptions to Permit Requirements) - Included private trees in the permit exceptions for emergency tree trimming.
The following additional changes were incorporated into the latest revision:
Syntax, formatting, and consistency revisions
Drive-through standards were reapplied to the draft. The previous version prohibited all drive-through uses in the city. The drive-through moratorium that is currently in place only applies to drive-through food establishments and does not include drive-through pharmacies and banks/ATMs. The applicable drive-through standards were reincorporated into the Code so that it would be available to regulate drive-through pharmacies and banks/ATMs.
Standards for Low Barrier Navigation Centers were added as required by State law (Article IV, Division 7).
Added requirement for onsite manager for Section 26-135 (Hotel and Motel Conversions to Affordable Housing)
Clarified that the Second Unit Review is the same as a zoning clearance and that the City does not require ADUs' roof pitch to match the primary dwelling unit (Article IV, Division 2 (Accessory Dwelling Units and Junior Accessory Dwelling Units).
Clarified that one-car garages are allowed to be constructed on the same lot as urban dwelling units (Article IV, Division 4 (Urban Dwelling Units).
Wireless Telecommunication Facilities within All Land Uses (Section 26-136) The current code requires wireless telecommunications facilities within all land uses (private property and City parks/open space) to be located at least 100 feet from single-family residences. During the Development Code Update process, the Subcommittee directed staff to look into increasing the separation requirement from residential.
The draft Development Code has increased the separation requirement of wireless telecommunication facilities from single-family residential to 500 feet and a 100-foot separation from multifamily residential zones (M-F). This separation buffer could be reduced by 20-percent through the Planning Commission's approval of the required Conditional Use Permit for the use and support of additional findings. The multifamily residential zone buffer does not include multifamily developments that are located in the PCD-1, Downtown Plan and Code, Mixed-Use, and Specific plan areas. Staff does not recommend requiring separation that exceeds 500 feet from single-family homes and separation that exceeds 100-feet from multifamily zones, because doing so can be considered discriminatory and would be the same as prohibiting wireless telecommunication facilities. The strike-through copy of the Development Code for this Section that illustrates all the revisions made is included as Attachment No. 5) During the October 10, 2023 public hearing, the Planning Commission directed staff to research increasing the distance requirement similar to the City of Walnut's 1,500-foot buffer from any school (nursery, elementary, junior high, and high school), trail, park or outdoor recreation area, sporting venues, and residential zones. Staff has prepared a map (Attachment No. 6) that illustrates the restricted areas that a 1,500-foot buffer from single-family residential would encompass, and it includes most of the City. Although developed with some single-family residences, parts of the PCD-1 area at the southern portion of the City are not identified as part of the buffer area only because the land-uses within the PCD-1 zone include single-family residential, commercial, and multifamily residential, and would require parcel specific review to make the determination. Adopting requirements similar to the City of Walnut would ultimately prohibit wireless telecommunication facilities from being constructed in the City.
This Section does not apply to wireless telecommunication facilities located in the public right of way, which is a separate section and will be moved to Chapter 19 (Streets, Sidewalks, and Public Places) of the WCMC.
New State Legislation
State laws recently signed by the Governor are in the process of being evaluated and analyzed by the City Attorney's Office. If changes are required to the WCMC based on new State laws, these changes will be addressed individually.
GENERAL PLAN CONSISTENCY
The proposed Development Code Update is consistent with the following General Plan Policies and Actions:
Policy 2.5 – Encourage transformative development in the triangle bounded by Glendora Avenue, Vincent Venue and Interstate 10.
Policy 2.6 – Create a diversity of housing options.
Policy 3.1 – Preserve existing housing stock.
Policy 3.3 – New growth will complete, enhance, and reinforce the form and character of the unique West Covina neighborhoods, districts, and corridors.
Policy 3.2 – Support vibrant, economically strong neighborhoods through education and enforcement of property maintenance regulations.
Action 2.5a – support the revitalization of Glendora Avenue retail.
Action 2.6a - Encourage multifamily projects that are urban in design and facilitate a pedestrian-oriented environment by utilizing ground-floor retail, and active and vibrant streetscapes. West Covina should promote opportunities, engage developers, and support higher-intensity, mixed-use multifamily residential development. The City can work to familiarize the development community with the City’s General Plan and Vision for Downtown, and emphasize the City’s commitment to a priority list of infrastructure investments, and expectations in terms of development/design quality.
Action 3.1 – Incorporate standards in the Development Code to preserve the existing form and character of stable residential areas and prevent encroachment of incompatible land uses and intensity.
STAFF RECOMMENDATIONS
Planning Staff recommends that the Planning Commission adopt Resolution No. 23-6134, Resolution No. 23-6135, Resolution No. 23-6136, and Resolution No. 23-6137, recommending the City Council adopt the Initial Study and Negative Declaration, General Plan Amendment No. 23-02, Zone Change No. 23-02, and Code Amendment (Development Code Update) No. 23-01.
LARGE ATTACHMENTS
The Environmental Document and Draft Development Code Update may be viewed on the City website through the following links:
West Covina Code Update | West Covina Code Update
Projects and Environmental Documents | City of West Covina Submitted by: Jo-Anne Burns, Planning Manager
Attachments
Attachment No. 1 - Certification of Negative Declaration Resolution Attachment No. 2 - General Plan Amendment Resolution
Attachment No. 3 - Zone Change Resolution
Attachment No. 4 - Code Amendment Resolution
Attachment No. 5 - Wireless Telecommunications Facility Information (Strike-through) Attachment No. 6 - 1,500 ft. Single Family Residential Buffer Map Attachment No. 7 - Strike-through Copy of Recent Revision ATTACHMENT NO. 6