Agenda packet, regular meeting — West Covina City Council, January 16, 2024 (part 1 of 3)

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
JANUARY 16, 2024, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Brian Calderón Tabatabai
Mayor Pro Tem Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers

AMERICANS WITH DISABILITIES ACT
The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting.

AGENDA MATERIAL
Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk’s Office, Room 317 of City Hall located at 1444 W. Garvey Avenue South, West Covina, during normal business hours.

NOTICE
The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary.

PUBLIC COMMENTS

ADDRESSING THE CITY COUNCIL
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk.

Please identify on the speaker card whether you are speaking on an agenda item or non-agenda. Requests to speak on agenda items will be heard prior to requests to speak on non-agenda items. All comments are limited to five (5) minutes per speaker.

Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded.

Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.

RULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda.

AGENDA
AGENDA

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

TUESDAY JANUARY 16, 2024, 7:00 PM

REGULAR MEETING

INVOCATION
Led by Pastor Mason Okubo from Immanuel First Church

PLEDGE OF ALLEGIANCE
Led by Councilman Cantos

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS
Recognition of Retirement of Police Officer Sam Ling
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor.

CITY MANAGER'S REPORT
City Manager's report on current City projects.

CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote.

There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action.

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE DECEMBER 19, 2023, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE DECEMBER 19, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

That the Council approve the December 19, 2023, City Council/Successor Agency Regular Session Meeting Minutes and the December 19, 2023, City Council/Successor Agency Regular Closed Session Meeting Minutes.

CITY MANAGER'S OFFICE
2) CONSIDERATION OF CHANGING ORDER OF BUSINESS FOR REGULAR CITY COUNCIL

MEETINGS
It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, CHANGING THE ORDER OF BUSINESS FOR

REGULAR CITY COUNCIL MEETINGS

COMMUNITY DEVELOPMENT
3) CONSIDERATION OF REJECTION OF BIDS AND DIRECTOR TO READVERTISE FOR BIDS FOR FIRE STATIONS 2 AND 4 FLOORING REPLACEMENT PROJECT - PROJECT NO. 22010
It is recommended that the City Council take the following actions:

Reject all bids received for the Fire Stations 2 and 4 Flooring Replacement Project as authorized by Section 2-354(6) of Division 3 of Article VII of Chapter 2 of the West Covina Municipal Code; and

1. 2. Direct staff to re-advertise the project.

FIRE DEPARTMENT
4) CONSIDERATION OF AGREEMENT WITH LOCALITY MEDIA, INC. DBA FIRST DUE TO

FURNISH AND DELIVER A CLOUD/INTERNET BASED RECORDS MANAGEMENT

SOFTWARE (RMS)
It is recommended that the City Council take the following actions:

1. In accordance with Section 2-335(10) of Division 2 of Article VII of Chapter 2 of the West Covina Municipal Code, find that compliance with the City's bidding requirements and procedures is not in the best interest of the City in connection with the procurement of cloud-based Records Management Software (RMS) because there is need for a customized all-in-one software solution that meets all the needs of the Fire Department; integrates with other City applications; and is utilized by mutual aid partners to ensure public safety, which the Fire Department indicates can only be provided by First Due.

2. Authorize the Acting City Manager to execute an Agreement for Services with Locality Media, Inc., DBA First Due (First Due).

HUMAN RESOURCES/RISK MANAGEMENT
5) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA FIREFIGHTERS’ ASSOCIATION, I.A.F.F., LOCAL 3226 (WCFFA) It is recommended that the City Council adopt the following Resolution:

RESOLUTION NO. 2024-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA FIREFIGHTERS’ ASSOCIATION, I.A.F.F., LOCAL 3226 (WCFFA)

END OF CONSENT CALENDAR

HEARINGS

PUBLIC HEARINGS
6) PUBLIC HEARING REGARDING DEVELOPMENT CODE UPDATE (CODE AMENDMENT NO. 23-01), INCLUDING ASSOCIATED INITIAL STUDY AND NEGATIVE DECLARATION

PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, GENERAL PLAN AMENDMENT NO. 23-02, AND ORDINANCE NO. 2919 APPROVING THE DEVELOPMENT CODE UPDATE, AMENDING CHAPTERS 7, 15, 17, AND 24 OF THE WEST COVINA

MUNICIPAL CODE, AND AMENDING THE DOWNTOWN PLAN AND CODE It is recommended that the City Council:

1. Conduct a public hearing;

2. Adopt the following resolutions:

RESOLUTION NO. 2024-4 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE NEGATIVE

DECLARATION FOR THE DEVELOPMENT CODE UPDATE (CODE AMENDMENT NO. 23-01) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 2024-5 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 23-02 TO AMEND THE LAND USE ELEMENT TO CHANGE

THE LAND USE DESIGNATIONS OF CERTAIN PROPERTIES AND MAKING A

DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION); and

3. Introduce the following ordinance:

ORDINANCE NO. 2519 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 23-01, THE DEVELOPMENT CODE UPDATE, AMENDING CHAPTER 7 (BUILDINGS AND BUILDING REGULATIONS), CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH, AND SAFETY), CHAPTER 17 (PLANNING), CHAPTER 19 (STREETS, SIDEWALKS, AND PUBLIC PLACES), AND CHAPTER 24 (VEGETATION) OF THE WEST COVINA MUNICIPAL CODE, AND AMENDING

THE DOWNTOWN PLAN AND CODE

MAYOR/COUNCILMEMBERS REPORTS
AB 1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.)

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.)

CITY COUNCIL COMMENTS

ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting February 6, 2024 7:00 PM

RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:

Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn.

Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes. a.
b. The city council may establish a limit on the duration of oral communications.

All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. c.

The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state.
d.

Sec. 2-50. Decorum--Required.

While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. a.

Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting.

For the purposes of this code, “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law:
a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. c. Repetitiously addressing the same subject.
d. Failing to relinquish the podium when directed to do so.

From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. e.

As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. f.
b.

If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional.

Sec. 2-52. Persons authorized to be within council area.

No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council.

The following are excerpts from the Penal Code
148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.

AGENDA ITEM NO. 1

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE DECEMBER 19, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

RECOMMENDATION:

DISCUSSION:

That the City Council adopt the attached minutes.

Prepared by: Lisa Sherrick; Assistant City Clerk
Attachments
Attachment No. 1 - 12/19/2023 Closed Session Minutes Draft Attachment No. 2 - 12/19/2023 Regular Session Minutes Draft CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
DECEMBER 19, 2023, 6:00 PM

REGULAR MEETING - CLOSED SESSION
MANAGEMENT RESOURCE CENTER 3RD FLOOR
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Brian Calderón Tabatabai
Mayor Pro Tem Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz

MINUTES

CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Calderón Tabatabai on Tuesday, December 19, 2023, at 6:00 p.m., in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California.

ROLL CALL
Council Members

Present: Council Members Rosario Diaz, Ollie Cantos, Mayor Pro Tem Wu, Mayor Brian Calderón Tabatabai
ATTACHMENT NO. 1

Absent: Councilwoman Lopez Viado
City Staff: Paulina Morales, Acting City Manager, Thomas Duarte, City Attorney, Stephanie Sikkema, Finance Director and Interim Human Resources and Risk Management Director, Melissa Ballard, City Attorney, and Gary Kranker, City Attorney.

PUBLIC COMMENTS ON ITEMS ON THE AGENDA
None

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to Government Code § 54956.9(d)(2)
Number of Cases: One (1)

2. PUBLIC EMPLOYEE APPOINTMENT - Pursuant to Government Code §54957(b)(1) Title: City Manager (Paulina Morales, Acting City Manager – left during discussion)

3. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Morales, Duarte
Employee Organizations
• Confidential Employees
• Maintenance & Crafts Employees
• Non-Sworn
• W.C. Police Officers’ Association
• W.C. Firefighters’ Management Assoc.
• W.C. Firefighters’ Association, I.A.F.F., Local 3226
• General Employees
• Mid-Management Employees
• W.C. Police Management Association
Unrepresented Employee Group
• Department Heads

REPORTING OUT
City Attorney Thomas Duarte reported that no action was taken during the Closed Session Meeting.

ADJOURNMENT
A motion to adjourn the Regular Closed Meeting was made by Mayor Calderón Tabatabai, and the meeting was adjourned at 6:57 p.m. The next regularly scheduled Regular Closed City Council Meeting will be held on Tuesday, January 16, 2024, at 7:00 ATTACHMENT NO. 1
p.m. in the Management Resource Center 3rd Floor, 1444 West Garvey Avenue South, West Covina, California.

Submitted By:
____________________________
Lisa Sherrick
Assistant City Clerk
__________________________
Brian Calderón Tabatabai
Mayor
Attachment No. 2

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY
DECEMBER 19, 2023, 7:00 PM

REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Brian Calderón Tabatabai
Mayor Pro Tem Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos
Councilwoman Rosario Diaz

MINUTES

CALL TO ORDER
A Regular Session Meeting was called to order by Mayor Brian Calderón Tabatabai on Tuesday, December 19, 2023, at 7:00 p.m., in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California.

INVOCATION
Led by Pastor Samuel Martinez from Amazing Love Ministries Attachment No. 2

PLEDGE OF ALLEGIANCE
Led by Mayor Brian Calderón Tabatabai

ROLL CALL

Present: Council Members Cantos, Diaz, Mayor Pro Tem Wu, Mayor Calderón Tabatabai

Absent: Councilwoman Lopez-Viado

REPORTING OUT FROM CLOSED SESSION
None

PRESENTATIONS
• Presentation on Traffic Safety presented by West Covina Police Department • Presentation on the Rent Relief Program by the Department of Consumer & Business Affairs
ORAL COMMUNICATIONS - Five (5) minutes per speaker
John Shewmaker
R. Robinson
Midlife Crisis
Elisa Jimenez
Walter Kroner
Bill Elliot
Ray Vargas
Mr. G
Saul Fermin

CITY MANAGER'S REPORT
City Manager's report on current City projects.

CONSENT CALENDAR
ACTION: Motion by Mayor Pro Tem Wu, Second by Councilwoman Diaz 4-0 to (Lopez-Viado: Absent): Approve Consent Calendar Items 1-8

APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE DECEMBER 5, 2023, CITY

COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE DECEMBER 5, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.

Carried 4-0 to (Lopez-Viado: Absent): to approve the December 5, 2023, City Council/Successor Agency Regular Session Meeting Minutes and the December 5, 2023, City Council/Successor Agency Regular Closed Session Meeting Minutes.

Attachment No. 2
2) CONSIDERATION OF ADOPTION OF ORDINANCE NO. 2518 RELATING TO CITY

COUNCIL COMPENSATION
Carried 4-0 to (Lopez-Viado: Absent): to adopt the following ordinance:

ORDINANCE NO. 2518 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-23 OF THE

WEST COVINA MUNICIPAL CODE RELATING TO CITY COUNCIL

COMPENSATION

CITY MANAGER'S OFFICE
3) CONSIDERATION OF CANCELATION OF VARIOUS COUNCIL MEETINGS Carried 4-0 to (Lopez-Viado: Absent): to cancel the following City Council Meetings:
• January 2, 2024
• August 6, 2024 (National Night Out)
• November 5, 2024 (Election Night)
4) CONSIDERATION OF REVISIONS TO SALARY AND BENEFITS SCHEDULE FOR

CITY DEPARTMENT HEADS
Carried 4-0 to (Lopez-Viado: Absent): to adopt the following resolution:

RESOLUTION NO. 2023-113 – A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REVISED

SALARY AND BENEFITS SCHEDULE FOR NON-REPRESENTED CITY

DEPARTMENT HEADS

FINANCE DEPARTMENT
5) CONSIDERATION OF APPROVAL AND TRANSMITTAL OF AN

ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (“ROPS”) FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025 FOR THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA

REDEVELOPMENT AGENCY
Carried 4-0 to (Lopez-Viado: Absent): that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, adopt the following resolution:

RESOLUTION NO. 2023-110 – A RESOLUTION OF THE SUCCESSOR

AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY
Attachment No. 2

APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN

ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (“ROPS”) FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025
6) CONSIDERATION OF THE FIRST QUARTER FINANCIAL REPORT AND BUDGET AMENDMENT FOR FISCAL YEAR 2023-24
Carried 4-0 to (Lopez-Viado: Absent): to take the following actions:

1. Receive and file the First Quarter Financial Report for Fiscal Year 2023-24; and

2. Adopt the following resolution:

RESOLUTION NO. 2023-104 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2023 AND ENDING JUNE 30, 2024 (FIRST QUARTER FINANCIAL REPORT)
7) CONSIDERATION OF INCREASE IN HOURLY RATES FOR LIMITED SERVICES

PAY SCHEDULE TO REFLECT INCREASE IN STATE HOURLY MINIMUM WAGE EFFECTIVE JANUARY 1, 2024
Carried 4-0 to (Lopez-Viado: Absent) to take the following action:

1. Approve wage adjustments to limited services positions to bring them into compliance with the State’s minimum wage requirement effective January 1, 2024; and

2. Adopt the following Resolution:

RESOLUTION NO. 2023-111 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, ADJUSTING THE HOURLY PAY

RATES OF CLASSIFICATIONS WITHIN THE LIMITED SERVICES PAY SCHEDULE AND REPEALING RESOLUTION NO. 2023-63

HUMAN RESOURCES/RISK MANAGEMENT
8) CONSIDERATION OF JOB DESCRIPTIONS FOR CITYWIDE REORGANIZATION Carried 4-0 to (Lopez-Viado: Absent): to adopt the following resolutions:

RESOLUTION NO. 2023-96 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REPEAL AND

REPLACEMENT OF THE FINANCE DIRECTOR CLASSIFICATION
SPECIFICATIONS;
Attachment No. 2
RESOLUTION NO. 2023-97 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REPEAL AND

REPLACEMENT OF THE CODE ENFORCEMENT DIRECTOR
CLASSIFICATION SPECIFICATIONS;
RESOLUTION NO. 2023-98 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ESTABLISHMENT

OF THE DEPUTY COMMUNITY DEVELOPMENT DIRECTOR
CLASSIFICATION;
RESOLUTION NO. 2023-99 - A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ESTABLISHMENT OF THE DEPUTY COMMUNITY SERVICES DIRECTOR CLASSIFICATION; RESOLUTION NO. 2023-100 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REMOVAL OF

THE DEPUTY DIRECTOR OF PUBLIC SERVICES CLASSIFICATION AND THE

ESTABLISHMENT OF THE DEPUTY PUBLIC WORKS DIRECTOR
CLASSIFICATION;
RESOLUTION NO. 2023-101 - RESOLUTION NO. 2023-101 - A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,

APPROVING THE REMOVAL OF THE PUBLIC SERVICES SUPERINTENDENT

CLASSIFICATION AND THE ESTABLISHMENT OF THE PUBLIC WORKS SUPERINTENDENT CLASSIFICATION;
RESOLUTION NO. 2023-102 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE
ESTABLISHMENT OF THE PROJECT MANAGER CLASSIFICATION; and RESOLUTION NO. 2023-103 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REPEAL AND

REPLACEMENT OF THE PUBLIC WORKS DIRECTOR CLASSIFICATION SPECIFICATIONS.

DEPARTMENTAL REGULAR MATTERS

COMMUNITY DEVELOPMENT
9) 2023 PAVEMENT MANAGEMENT PROGRAM UPDATE
Hearing No Objection Carried 4-0 to (Lopez-Viado: Absent): to receive and file the report.

Attachment No. 2

MAYOR/COUNCILMEMBERS REPORTS

CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION • Motion by Councilman Cantos to make permanent the PMP procedures as discussed in the meeting – There was no objection.

CITY COUNCIL COMMENTS
• Councilwoman Wu acknowledged that there has been tragedy this year.

Councilman thanked Paulina and Stephanie for their work throughout the year as well as all staff for their hard work and putting on the programs throughout the year. He also wish all a Merry Christmas and Happy 2024. • Councilwoman Diaz – Thanked PD for apprehending the suspects in the murder at the liquor store and a thank you to Grivich for his follow up email.

Councilwoman also echoed Councilman Wu’s thankfulness for staff and will continue to pray for those who have lost loved ones. Merry Christmas and Happy New Year.
• Councilman Cantos stated that tomorrow marks 365 days as councilman. The Councilman loves all his collages and their families and pets. He has worked hard to build bridges moments of healing. The Councilman thanked staff for those who work so hard, all the different offices, school districts, senior citizens. The happies of holiday season,
• Mayor Calderón Tabatabai congratulated Cantos on his service and stated his appreciation to colleagues, staff and residents. Want to see the best for the community and is looking forward to working with the community. The Mayor stated he has hope going into 2024 to reflect and renew Merry Christmas Happy Holidays.

ADJOURNMENT
A motion to adjourn the Regular Meeting was made by Mayor Calderón Tabatabai, and the meeting was adjourned at 9:35 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, January 16, 2024, at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California.

Submitted by:
____________________
Lisa Sherrick
Assistant City Clerk
__________________________
Brian Calderón Tabatabai
Mayor

AGENDA ITEM NO. 2

COUNCIL MEETINGS
RECOMMENDATION:

It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2024-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, CHANGING THE ORDER OF BUSINESS FOR REGULAR CITY

COUNCIL MEETINGS
DISCUSSION:

At the December 5, 2023 City Council meeting, Mayor Calderón Tabatabai requested that the City Council consider moving the order of the City Manager's Report before the Public Comment section of the agenda. The City Attorney's Office has prepared the attached resolution for consideration by the City Council to make the requested change.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternative direction.

Prepared by: Paulina Morales, Acting City Manager
Fiscal Impact
FISCAL IMPACT:

This is strictly an administrative item, therefore; there is no fiscal impact associated with this action.

Attachments
Attachment No. 1 - Resolution No. 2024-6

ATTACHMENT NO. 1
RESOLUTION NO. 2024-6

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, CHANGING THE ORDER

OF BUSINESS FOR REGULAR CITY COUNCIL MEETINGS
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, Section 2-37 of the West Covina Municipal Code provides in relevant part that at regular City Council meetings, the business of the Council shall be taken up for consideration and disposition in the order established by the Council; and WHEREAS, the current order of business is as follows:
(a) Invocation
(b) Pledge of Allegiance
(c) Roll Call
(d) Reporting Out from Closed Sessin
(e) Presentations
(f) Oral Communications
(g) City Manager’s Report
(h) Consent Calendar
(i) Departmental Regular Matters
(j) Mayor/Council Reports
(k) City Council Requests for Reports, Studies or Investigation (l) City Council Comments
(m) Adjournment; and
WHEREAS, the City Council desires to improve the meeting process by adjusting the order of business.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The order of business for regular City Council meeting agendas shall be as follows:
(a) Call to Order
(b) Invocation
(c) Pledge of Allegiance
(d) Roll Call
(e) Reporting Out from Closed Sessin
(f) Presentations
(g) City Manager’s Report
(h) Oral Communications
(i) Consent Calendar
(j) Departmental Regular Matters
(k) Mayor/Council Reports
(l) City Council Requests for Reports, Studies or Investigation (m) City Council Comments
(n) Adjournment.

SECTION 2. All prior resolutions or policies which adopted the order of business for regular City Council meetings are hereby repealed.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 16th day of January, 2024.

Brian Calderón Tabatabai
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2024-6 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 16th day of January, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk
AGENDA ITEM NO. 3

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: January 16, 2024
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF REJECTION OF BIDS AND DIRECTOR TO READVERTISE FOR BIDS FOR FIRE STATIONS 2 AND 4 FLOORING REPLACEMENT PROJECT - PROJECT NO. 22010
RECOMMENDATION:

It is recommended that the City Council take the following actions:

Reject all bids received for the Fire Stations 2 and 4 Flooring Replacement Project as authorized by Section 2-354(6) of Division 3 of Article VII of Chapter 2 of the West Covina Municipal Code; and

1. 2. Direct staff to re-advertise the project.

BACKGROUND:

On January 19, 2021, the West Covina City Council approved Capital Improvements for all five West Covina Fire Stations (the "Project"). The Project included necessary repairs ranging from diesel exhaust ventilation systems, HVAC duct cleaning, roof repair, asbestos/lead/mold testing and abatement, bathroom, kitchen and sleeping quarter repairs, parking lot repair and replacement, interior and exterior painting, among other improvements. The total project budget approved was $1,620,000.

As part of the approved Project, Fire Stations 2 and 4 located at 2441 E. Cortez Street, West Covina and 1815 Azusa Avenue, were to get new flooring. The flooring scope includes moving of furniture as required to accommodate work, removal, haul away and disposal of existing flooring material including carpet, ceramic/porcelain tile, and vinyl flooring from various areas (dormitories, restrooms, hallways, kitchen, day room, offices and other areas as shown on the plans); complete cleaning and preparation of the concrete slab subfloor including necessary patching, filling and leveling required for installation of various flooring material including carpet tile and porcelain tile per technical provisions of the bid documents and manufacturer’s installation recommendations, installation of specified vinyl and porcelain tile base boards, and clean-up of the project sites after completion of flooring installation.

DISCUSSION:

On November 6, 2023, staff advertised the construction bid package. One (1) bid was received by the City at the bid opening held on December 5, 2023; the bid was submitted by LAH Builders, Inc.

Staff identified irregularities in LAH Builders, Inc.'s bid, including not providing the unit price and total price for every bid item listed on the bid schedule, including additional bid items on a separate bid schedule that was not part of the bid package, and not possessing the required CA Contractor License for this project, which was identified in the bid documents as License C-15.

Pursuant to Section 22038 of the Public Contract Code and Section 2-354 of Division 3 of Article VII of Chapter 2 of the West Covina Municipal Code, it is within the City Council’s discretion to reject any and all bids received and provide direction to staff on future action.

Staff recommends the City Council reject all bids received for the project due to the above irregularities, and direct staff to readvertise the project. Staff will return to Council to award a construction contract, after the project is readvertised and bids are received.

LEGAL REVIEW:

The City Attorney's Office has reviewed the staff report.

Prepared by: Okan Demirci, PE, QSD/P
Fiscal Impact
FISCAL IMPACT:

This is strictly an administrative item, therefore; there is no fiscal impact associated with this action.

CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
AGENDA ITEM NO. 4

TO FURNISH AND DELIVER A CLOUD/INTERNET BASED RECORDS MANAGEMENT

SOFTWARE (RMS)
RECOMMENDATION:

It is recommended that the City Council take the following actions:

2. Authorize the Acting City Manager to execute an Agreement for Services with Locality Media, Inc., DBA First Due (First Due).

BACKGROUND:

For close to 20 years, the West Covina Fire Department (Fire Department) has used FIREHOUSE software as its primary Records Management System (RMS) for many of its activities, including managing, tracking, and updating of emergency response incident records. This RMS system connects to the MARK43 computer-aided dispatch (CAD) system to receive direct dispatched incident information.

FIREHOUSE allows for standardized reporting to be submitted to the National Fire Incident Reporting System (NFIRS), a system used by the U.S. Department of Homeland Security to track national incident records. In 2020, the Fire Department received official notification that the FIREHOUSE software would be discontinued near the end of 2022, prompting the need to replace and find a new RMS software.

DISCUSSION:

In May 2021, the City entered into a Professional Services Agreement (PSA) with Advanced Problem Solving, LLC (APS) for Fire Department internet-based regional training. In September 2022, the City entered into Amendment #1 to the PSA with APS adjusting the scope of work to include NFIRS reporting and a Data Visualization component. While implementation and migration of APS was being done, the FIREHOUSE software was still being utilized. APS was not able to complete full migration and integration with the City's other software components. In December 2023, the City entered into Amendment #2 to the PSA with APS to reduce the scope of work to go back to the internet-based regional training component only. Pursuant to the Amendment #2, APS will provide the City with a credit of $3,300 on its invoice for the July 1, 2024 - June 30, 2025 period.

The Fire Department utilizes a number of software services for a number of processes; NFIRS reporting, response data calculation, training, training RMS, scheduling, fire inspection RMS, asset management RMS, invoicing. Several of these software services do not interconnect to share information, including a lack of critical information sharing. A critical software service the Fire Department does not currently have is a product that allows for live firefighter safety and incident management. First Due is a reputable software solution for the fire service that has integration software and is a one-stop product that can provide NFIRS reporting, response data calculation, training RMS, scheduling, fire inspection RMS, asset management RMS and also includes live firefighter safety and incident management.

The Fire Department would like to work with First Due, and implement their software solution. Utilization will interconnect all the software services for better situational awareness for incident response and create cost savings for the Fire Department budget. The First Due product will also allow seamless integration with the City's Accela and Tyler Munis software products, making interdepartmental information sharing more efficient. Since First Due provides a one-stop product, the City will no longer need the asset management software provided by PSTRAX, the scheduling software provided by Kronos Telestaff, or the fire prevention RMS provided by St First Due is also used by several regional partners including, La Verne Fire, Pasadena Fire, Alhambra Fire and LA County Fire. The first responder module allows for a safer working environment for our firefighters during fire-fighting incidents. The software will allow for all resources to be managed at the command post. The software will allow mutual aid units working in West Covina and West Covina units working out of West Covina to be monitored in a dangerous situation. This will increase firefighter safety.

NEW SOFTWARE COMPONENTS:

Pre-Incident Planning
Responder (live incident management)
Personnel Management
Assest Inventory
Asset Management
Medication Tracking
Community Connect
UPGRADED SOFTWARE COMPONENTS:

NFIRS Reporting
Response Data Collection
Training RMS
Scheduling
Fire Inspection RMS
Invoicing
Software Service Old Annual Cost New Annual Cost* Difference Firehouse NFIRS Reporting $3,525
APS Internet Regional Training $4,440 $4,440
APS NFIRS Reporting $4,440
APS Data Visualization $2,220
PSTRAX Asset Management $14,888
KRONOS TELESTAFF Scheduling $10,789
STREAMLINE Fire Prevention RMS $5,135
FIRST DUE $39,800
TOTAL $45,437 $44,240 $1,197
*For period of July 1, 2024-June 30, 2025.

Section 2-335(10) of Division 2 of Article VII of Chapter 2 of the West Covina Municipal Code provides an exemption from the competitive procurement requirements of Division 2, subject to fair, just, and equitable conditions, when the City Council determines, by minute action or resolution, that compliance with the bidding requirements and procedures is inefficient, impractical, or not in the best interest of the City, based on specifically identified conditions set forth on the record. Fire Department staff believes it would not be in the best interest of the City to comply with competitive bidding requirements in connection with the procurement of the cloud-based RMS because there is need for a customized all-in-one software solution that meets all the needs of the Fire Department; integrates with other City applications; and is utilized by mutual aid partners to ensure public safety, which the Fire Department believes can only be provided by First Due.

LEGAL REVIEW:

The City Attorney's Office has reviewed the agreement and approved it as to form.

Prepared by: Vincent Capelle
Fiscal Impact
FISCAL IMPACT:

Ultimately, there will be a savings in the Fire Department budget.

For Fiscal Year 2023-2024 (FY 23-24), $30,549 has been expended on software services. First Due has proposed a one-time implementation fee of $3,500 and a prorated FY 23-24 subscription cost of $16,716 - for a total cost of $20,216.

After the initial year, the City will pay $44,240 in the second year for both First Due and APS combined.

After the second year, First Due annual renewal service fees may be increased by up to 5% per year.

Vendor Account No.

FY2023-24
Budget
Estimated Fiscal Impact
FYE 2024 FYE 2025 FYE 2026
Expensed YTD
110.502.32.41.00.00.61.61100.
$61,600
30,549 0 0
APS 5,182 4,440 4,440
First Due 20,216 39,800 41,790
TOTAL $55,947 $44,240 $46,230
Attachments
Attachment No. 1 - Agreement for Services - First Due
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Locality Media, Inc. Agreement Aug 2023 Page 1 of 10

AGREEMENT FOR SERVICES
This Agreement for Services (this “Agreement”) dated as of January 31, 2024 (the "Effective Date") is made by and between Locality Media, Inc., a Delaware corporation dba First Due, having offices at 107 7th St, Garden City, NY, 11530 ("Locality Media") and the City of West Covina on behalf of the West Covina Fire Department located at 1444 W Garvey Ave Rm 218, West Covina, CA 91790 (the “Customer”).

1. Locality Media maintains a website through which Customer members may access Locality Media's First Due Size-Up™ Community Connect™, Mobile Responder™ and/or other software-as-a-service platforms and solutions identified in Exhibit A (collectively, the "Service") in connection with the performance of their Customer duties. Locality Media agrees to grant the Customer access to the Service pursuant to the terms and conditions set forth below and in Exhibit A, and the Customer agrees to use the Service only in strict conformity with and subject to such terms and conditions.

2. Locality Media may provide the Customer with one or more user ID’s, initial passwords, digital certificates and/or other devices (collectively, "Credentials") and/or application programming interfaces ("APIs") to access the Service. The Customer shall access the Service only by using such Credentials and APIs. The Customer authorizes Locality Media to act on any instructions Locality Media receives from users of the Service who present valid Credentials and such individuals shall be deemed authorized to act on behalf of the Customer, including, without limitation, to change such Credentials. It is the Customer’s sole responsibility to keep all Credentials and other means of access within the Customer’s direct or indirect possession or control both confidential and secure from unauthorized use. The Customer understands the utility of the First Due Size Up Service depends on the availability of data and information relating to locations and structures in the Customer's jurisdiction, including but not limited to building system and structural information, building inspection codes and incident report data (collectively, "Location Data"). Locality Media also may process and furnish through the Service, in addition to Location Data, other data regarding residents and roadways within the Customer's jurisdiction ("Community Data"). Location Data and Community Data are referred to collectively herein as "Data". Locality Media may acquire Data from third party public and/or private sources in Locality Media's discretion. In addition, the Customer will upload to the Service or otherwise provide to Locality Media in such form and using such methods as Locality Media reasonably may require from time to time, any and all Data from the Customer's records and systems which the parties mutually designate for inclusion in the Service database. The Customer agrees not to filter or alter such records except to conform such Data to the formats reasonably required by Locality Media. Subject to any third-party license restrictions identified expressly in writing by the Customer, the Customer grants to Locality Media a perpetual, non-exclusive, worldwide, royalty-free right and license to process, use and disclose the Data furnished to Locality Media by the Customer in connection with the development, operation, and performance of Locality Media's business, including but not limited to the Service.

3. As between the parties, the Customer and its employees, contractors, members, users, agents, and representatives (collectively, "Customer Users") are solely responsible for determining whether and how to use Data accessed through the Service. The Customer acknowledges that Locality Media, through the Service, provides an interface for viewing Data compiled from the Customer and other sources over which Locality Media has no control and for which Locality Media assumes no responsibility. Locality Media makes no representations or warranties regarding any location or structure (including but not limited to a location's safety, construction, occupancy, materials, hazards, water supply, contents, location, surrounding structures, exposures, size, layout, compliance, condition or history), residents, roadways, or any actual or expected outcome from use of the Data, nor does Locality Media make any representation or warranty regarding the accuracy or reliability of the Data received by Locality Media. Locality Media provides administrative and information technology services only and does not advise, recommend, or render an opinion with respect to any information communicated through the Service and shall not be responsible for the Customer's or any third party's use of any information obtained through the Service.

ATTACHMENT NO. 1
Locality Media, Inc. Agreement Aug 2023 Page 2 of 10

4. The Customer shall obtain and maintain, at its own expense, computers, operating systems, Internet browsers, tablets, phones, telecommunications equipment, third-party application services and other equipment and software ("Equipment") required for the Customer to access and use the Service (the Service being accessible to users through standard Internet browsers subject to third party network availability and signal strength). Locality Media shall not be responsible for any problem, error or malfunction relating to the Service resulting from Customer error, data entry errors or malfeasance by the Customer or any third party, or the performance or failure of Equipment or any telecommunications service, cellular or wifi network, Internet connection, Internet service provider, or any other thirdparty communications provider, or any other failure or problem not attributable to Locality Media ("Technical Problems").

5. This Agreement will be effective for an initial term of 5 months (the "Initial Term") commencing on the Effective Date.

After the Initial Term, this Agreement will automatically renew for successive terms of 12 months each (a "Renewal Term"), subject to the right of either party to cancel renewal at any time upon at least 60 days' written notice.

Notwithstanding the foregoing, Locality Media and Customer agree that, if not terminated sooner as set forth herein, this Agreement will automatically terminate after four (4) Renewal Terms. Locality Media reserves the right to increase Customer’s renewal Service fees by no more than 5% per annum, applied to the Service fees set forth in the previous term. Either party also may terminate this Agreement immediately upon written notice if the other party: (i) becomes insolvent; (ii) becomes the subject of a petition in bankruptcy which is not withdrawn or dismissed within 60 days thereafter; (iii) makes an assignment for the benefit of creditors; or (iv) materially breaches its obligations under this Agreement and fails to cure such breach within 30 days after the non-breaching party provides written notice thereof.

6. Upon termination, the Customer shall cease use of the Service and all Credentials then in the Customer’s possession or control. This Section 6 and Sections 8 through 11 and 15 through 25 hereof shall survive any termination or expiration of this Agreement.

7. The Customer agrees to pay the fees set forth in Exhibit A for use of those Service features described in Exhibit A (as available as of the Effective Date). Locality Media may charge separately for services offered from time to time that are not included in the scope of Exhibit A (such as new Service features, systems integration services and applications of the Service for new purposes), subject to the Customer’s acceptance of the terms of use and fees associated with such services. The Customer shall be responsible for the payment of all taxes associated with provision and use of the Service (other than taxes on Locality Media’s income). The Customer represents it has not received and agrees that it shall not collect any fee, payment, or remuneration of any kind from any Data provider, other municipal agency or other third party in connection with the Customer's purchase or use of the Service under this Agreement.

8. Locality Media owns and shall retain all right, title, and interest in and to the Service, all components thereof, including without limitation all related applications, APIs, user interface designs, software and source code (which shall further include without limitation any and all source code furnished by Locality Media to the Customer in connection with the delivery or performance of any services hereunder) and any and all future enhancements or modifications thereto howsoever made and all intellectual property rights therein but not Data furnished by the Customer. Except as expressly provided in this Agreement or as otherwise authorized in advance in writing by Locality Media, the Customer and Customer Users shall not copy, distribute, license, reproduce, decompile, disassemble, reverse engineer, publish, modify, or create derivative works from, the Service; provided, however, that nothing herein shall restrict the Customer’s use of the Data that the Customer has provided.

9. "Confidential Information" means any and all information disclosed by either party to the other which is marked "confidential" or "proprietary," including oral information that is designated confidential at the time of disclosure. Without limiting the foregoing, all information relating to the Service and associated software and the terms of this Agreement shall be deemed Locality Media's Confidential Information. Notwithstanding the foregoing, "Confidential Information" does not include any information that the receiving party can demonstrate (i) was known to it prior to its disclosure hereunder; (ii) is or becomes publicly known through no wrongful act of the receiving party; (iii) has been rightfully received from a third party authorized to make such disclosure without restriction; (iv) is independently developed by the receiving party, without the use of any Confidential Information of the other party; (v) has been approved for release by the disclosing party's prior written authorization; or (vi) is required to be Locality Media, Inc. Agreement Aug 2023 Page 3 of 10
disclosed by court order or applicable law, provided that the party required to disclose the information provides prompt advance notice thereof to the other party (except to the extent such notice is prohibited by law).

Notwithstanding the foregoing provisions, Locality Media expressly understands that Customer is a public agency subject to the California Public Records Act (Cal. Government Code § 7920.000 et seq.). In the event that Customer receives a public records request seeking the disclosure of Confidential Information, Customer shall notify Locality Media, and Locality Media shall be allowed to take any reasonable action to preserve the confidentiality of such information. Customer’s obligation shall only extend to notifying Locality Media of the request, and Customer shall have no obligation to preserve the confidentiality unless doing so is in full compliance with the law.

10. Each party hereby agrees that it shall not use any Confidential Information belonging to the other party other than as expressly permitted under the terms of this Agreement or as expressly authorized in writing by the other party. Each party shall use the same degree of care to protect the other party's Confidential Information as it uses to protect its own confidential information of like nature, but in no circumstances with less than reasonable care. Neither party shall disclose the other party's Confidential Information to any person or entity other than its employees, agents or consultants who need access thereto in order to effect the intent of this Agreement and in each case who have been advised of the confidentiality provisions of this Agreement, have been instructed to abide by such confidentiality provisions, entered into written confidentiality agreements consistent with Sections 9-11 or otherwise are bound under substantially similar confidentiality restrictions.

11. Each party acknowledges and agrees that it has been advised that the use or disclosure of the other's Confidential Information inconsistent with this Agreement may cause special, unique, unusual, extraordinary, and irreparable harm to the other party, the extent of which may be difficult to ascertain. Accordingly, each party agrees that, in addition to any other remedies to which the nonbreaching party may be legally entitled, the nonbreaching party shall have the right to seek to obtain immediate injunctive relief, without the necessity of posting a bond, in the event of a breach of Section 9 or 10 by the other party, any of its employees, agents or consultants.

12. LOCALITY MEDIA REPRESENTS AND WARRANTS THAT IT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO

PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS SUBMITTED BY THE CUSTOMER. OTHER THAN THE FOREGOING, THE SERVICE, INCLUDING ALL DATA, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOCALITY MEDIA

MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR

DOES LOCALITY MEDIA WARRANT THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR CUSTOMER USERS.

13. EXCEPT AS SET FORTH ABOVE IN SECTION 12, LOCALITY MEDIA MAKES AND THE CUSTOMER RECEIVES NO

WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUBJECT MATTER HEREOF. LOCALITY MEDIA SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION THE SERVICE.

14. The Customer represents and warrants that the Customer is authorized and has all rights necessary to enter into this Agreement, to provide the Data furnished by the Customer to Locality Media, and to use the Service and Data, and Customer will only use the Service and Data, as permitted under this Agreement and in accordance with the laws, regulations, and any third-party agreements applicable to the Customer and Customer Users. Without limiting the generality of the foregoing, Customer shall not cause or permit any Data to be uploaded to the Service or used in connection with the Service in any manner that would violate any third-party intellectual property rights or license between Customer and any third party. Customer agrees not to use or permit the use of the Service and Data in connection with any public or private enterprise other than operation and performance of the Customer's functions and services. In addition, the Customer and the Customer Users shall not copy, distribute, license, reproduce, publish, modify, or otherwise use any Personally Identifiable Information (PII) contained within the Data accessed through the Service for any purpose other than to lawfully carry out the services and duties of the Customer. The Customer shall remain responsible for the performance, acts and omissions of each Customer User as if such activities had been performed by the Customer.

Locality Media, Inc. Agreement Aug 2023 Page 4 of 10

15. Locality Media will indemnify, defend and hold harmless the Customer from and against any and all damages, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees) (collectively, "Losses") resulting from any third-party claim, suit, action, investigation or proceeding (each, an "Action") brought against the Customer based on the infringement by Locality Media of any third-party issued patent, copyright or registered trademark, except to the extent such Action is based on Data furnished from the Customer, the Customer’s breach of any third party agreement, or any combination or integration of the Service with any Customer- or third-party property, method or system.

16. The Customer will indemnify, defend and hold Locality Media harmless from and against any and all Losses arising from or relating to: (i) any breach by the Customer of Section 8; or (ii) any Action by a Customer User or third party arising from or relating to the use of the Service or Data accessed through the Service, except to the extent such Losses are subject to Section 15 above or result from the gross negligence or willful misconduct of Locality Media.

17. Such indemnification under Sections 15 and 16 will be provided only on the conditions that: (a) the indemnifying party is given written notice reasonably promptly after the indemnified party receives notice of such Action; (b) the indemnifying party has sole control of the defense and all related settlement negotiations, provided any settlement that would impose any monetary or injunctive obligation upon the indemnified party shall be subject to such party’s prior written approval; and (c) the indemnified party provides assistance, information and authority as reasonably required by the indemnifying party.

18. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE,

WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR CUSTOMER USERS

FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING

TO THIS AGREEMENT OR THE SERVICES OR DATA, EVEN IF THE CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS

NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR

CUSTOMER USERS FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY THE CUSTOMER TO LOCALITY MEDIA WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, OR (B) $5,000.

19. All notices, requests, demands, or consents under this Agreement must be in writing, and be delivered personally, by email or facsimile followed by written confirmation, or by internationally recognized courier service to the addresses of the parties set forth in this Agreement.

20. Except as otherwise provided below, neither party may assign this Agreement or any rights or obligations hereunder without the prior written consent of the other party. Locality Media may assign this Agreement or any rights or obligations hereunder to any Locality Media affiliate or in connection with the merger or acquisition of Locality Media or the sale of all or substantially all of its assets related to this Agreement, without such consent. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns.

21. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

22. Any modification, amendment or waiver to this Agreement shall not be effective unless in writing and signed by the party to be charged. No failure or delay by either party in exercising any right, power, or remedy hereunder shall operate as a waiver of such right, power, or remedy.

23. The parties are independent contractors with respect to each other, and neither shall be deemed an employee, agent, partner, or legal representative of the other for any purpose or shall have any authority to create any obligation on behalf of the other. Neither party intends to grant any third-party beneficiary rights as a result of this Agreement.

24. Any delay in or failure of performance by either party under this Agreement will not be considered a breach and will be excused to the extent caused by any event beyond the reasonable control of such party including, but not limited to, acts of God, acts of civil or military authorities, strikes or other labor disputes, fires, interruptions in telecommunications or Internet or network provider services, power outages, and governmental restrictions.

Locality Media, Inc. Agreement Aug 2023 Page 5 of 10

25. This Agreement supersedes all prior agreements, understandings, representations, warranties, requests for proposal and negotiations, if any. Each provision of this Agreement is severable from each other provision for the purpose of determining the enforceability of any specific provision.

26. Agreement Billing Information
a. Accounts Payable Contact
Name: Christine Aguilar
Email: [email protected]
Phone: (626) 939-8444
b. Tax Exempt __No_ (Yes/No)
If Yes, please email a copy of the Exempt Certificate to [email protected]. c. Purchase Order Required _____Yes (Yes/No)
If Yes, return a copy of the Purchase Order with the signed agreement or email a copy to [email protected].

LOCALITY MEDIA, INC. CITY OF WEST COVINA
By: By:

Name: Andreas Huber Name: Paulina Morales
Title: CEO Title: Acting City Manager
Date: Date:

Locality Media, Inc. Agreement Aug 2023 Page 6 of 10
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258
Website: https://www.firstdue.com/
Exhibit A - Quote
Prepared By: Nicholas Dunigan
Valid Until: January 31, 2024
Quote Number: 1545132000172894106
BILL TO:

Vince Capelle
West Covina Fire Department
1444 W Garvey Ave Rm 218
West Covina, CA 91790
Account: West Covina Fire Department
Subscription Start: January 31, 2024
Initial Term: 5 Months
Annual Subscription: $39,800.00
Product Details Total
Occupancy Management & Pre-Incident Planning
Manage Occupancies, Pre-Incident Mapping, ArcGIS Maps, Fire Systems, Hazardous Material, and Contacts.

Responder
Web Responder dashboard and Responder iOS/Android App with notifications, statusing and routing.

Inspections
Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections, Inspections Scheduler, and Integrated Pre-Incident Planning.

Permitting
Permit Management, Customizable Permit Types, Plan Review and Permit Fees.

Invoicing
Invoice Management, Bulk Mailing, Billing Report and Customizable Fee Schedules.

Incident Reporting – NFIRS
NFIRS Incident Documentation, State and Federal Compliance with automated submission.

Scheduling
Manage staff schedules with an interactive shift board, configurable call shifts module, messaging, time-off and shift trades.

Personnel Management
Store, Manage and Access Employee Records including demographic data, certifications and employment information.

Assets & Inventory
Assets, vehicles, equipment and inventory management, assets and equipment checks, and work order management.

Medications Tracking
Track all medications, including DEA Scheduled Medications. Tracking a medication's lifecycle (receipt, usage, waste or removal) by expiration date, lot number or serial number. Ensure compliance with internal and external signatures, as well as advanced role security and authentication.

Locality Media, Inc. Agreement Aug 2023 Page 7 of 10
Community Connect
Online portal for residents and businesses to input critical occupant and property data that can be made available to Emergency Response Agencies during an incident.

Fire Recovery Integration
Fire Recovery Integration
CAD Integration
Automated importing of CAD calls via XML, Database Connector or API.

Online Standard Training Package
Includes a one-hour planning session and up to 6 hours of webinar train-the-trainer sessions
Implementation and Configuration Services
Services related to configuring and customizing the First Due Platform as described in the Statement of Work.

One-Time Fees Subtotal $ 3,500.00
5-Month Prorated Subscription Fees Subtotal $ 16,716.00 Year 1 Total (1/31/2024 – 6/30/2024) $ 20,216.00
Year 2 Total (7/01/2024 – 6/30/2025) $ 39,800.00
Statement of Work
Please see attached Statement of Work detailing the Implementation, Training and Support for this Exhibit A – Quote.

Terms and Conditions
The above-listed Year 1 Total will be invoiced based on the following Milestones with payment terms of Net 30 days:
• 25% Invoiced on Signature of the Agreement
• 25% Invoiced on February 15, 2024
• 25% Invoiced on April 1, 2024
• 25% Invoiced on May 15, 2024
For subsequent annual periods, the Service fees are due and payable annually in advance on July 1st.

Payment Terms: Net 30 days
For electronic ACH payment: JPMorgan Chase Bank | ABA Routing: 021000021 | Account #: 803527972 Locality Media, Inc. Agreement Aug 2023 Page 8 of 10
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258
Website: https://www.firstdue.com/
Statement of Work
For Quote Number: 1545132000172894106
Statement of Work | West Covina Fire Department
Introduction
The purpose of this Statement of Work (SoW) document is to clearly define the Implementation, Training and Support.

1. Implementation:

First Due works very closely with you to ensure the application is ready for go-live. During the Implementation you will be assigned a Client Success Manager and Implementation Manager who will lead you through the process. Below is a description of each component of our implementation. a) Discovery & Planning: During a project kick-off meeting we will flesh out the key components of the configuration, customer stakeholders and project timelines. After this stage we will have a clear plan to when and how your agency will be live with First Due. b) Configuration: First Due is an out-of-the box system but can be configured for your agency’s needs. Our team will work with you to configure all the parts of the application necessary for go-live and beyond. These configuration sessions will generally occur weekly, and act as administrator training.
c) Optimization: Once the account is configured, we will arrange a small end-user testing group to begin to use the application out-in-the-field. This is an iterative process in which we listen to feedback and make adjustments to the product on the fly. d) Training: Once we have sign-off and the product is ready for go-live we will build the necessary training plan together, which may include train-the-trainer sessions, end user training, training videos/content or even onsite sessions. The training section below provides more detail on included training.
e) Roll Out: After training is complete, we are ready to roll-out the platform. We will work closely with you to ensure First Due is rolled out effectively across your agency. f) Support: Once we achieve sign-off that the system is live and stable, we will transition to support (as described in the support section below). However, you will continue to have a dedicated Client Success Manager moving forward.

2. Training:

Training is an integral part of any successful implementation. First Due is focused on providing your agency adequate training to ensure effective user adoption of the platform. As part of this Statement of Work, the customer will receive the purchased training as outlined in Exhibit A - Quote throughout the implementation process as outlined:

1. Webinar Administrator training during configuration sessions

2. Webinar formal Train-the-Trainer and/or End User Session(s) during the training phase

3. Access to online training videos, documents, content, and interactive knowledgebase Locality Media, Inc. Agreement Aug 2023 Page 9 of 10

3. Integrations:

Any scoped integrations included in this document will be described below. Any additional integration scoped at a later date will be provided in a separate SoW at that time.

4. Data Migration:

First Due understands the importance of data migration to our customers and has extensive experience working to migrate historical records into the platform. First Due will use best efforts to migrate applicable data from Customer’s existing systems utilizing data migration best practices. This includes:

1. Data Migration Planning Session

2. Assistance/Guidance in extracting data from existing system/s

3. Mapping extracted data to First Due import workbooks

4. Importing of Data into First Due

5. Support:

First Due provides Support as part of the base subscription. This includes:

1. Email, Phone, Ticketing System Support Channels and Live Chat

2. Dedicated Client Success Manager

3. Access to knowledge base including online training videos and FAQs Locality Media, Inc. Agreement Aug 2023 Page 10 of 10
AGENDA ITEM NO. 5

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: January 16, 2024
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA FIREFIGHTERS’ ASSOCIATION, I.A.F.F., LOCAL 3226 (WCFFA) RECOMMENDATION:

It is recommended that the City Council adopt the following Resolution:

RESOLUTION NO. 2024-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA FIREFIGHTERS’ ASSOCIATION, I.A.F.F., LOCAL 3226 (WCFFA) BACKGROUND:

Section 7(k) of the Fair Labor Standards Act (FLSA) provides that employees engaged in fire protection or law enforcement may be paid overtime on a "work period" basis. A "work period" may be from 7 consecutive days to 28 consecutive days in length. Fire’s current work period is 24 days, which can overlap up to three pay periods. This causes confusion and constant inquiries and sometimes grievances from Fire personnel. It also puts an administrative burden on both Fire and payroll.

DISCUSSION:

In an effort to increase transparency and accountability, staff recommends changing the work period from 24 to 14 days to align with the City's pay periods. Additionally, Fire personnel are currently paid on a salary basis even though they are non-exempt employees. As part of this change, staff has proposed paying them based on their actual hours worked per pay period. This will ensure arcuate compensation based on hours worked.

The City has the management right to change the FLSA work period. However, the City must notify employees accordingly. Thus, representatives of the City met with representatives of the West Covina Firefighters’ Association and Fire Management Association to discuss the transitional period and have agreed upon the overtime threshold during the transitional pay period to implement a 14-day work period.

WCFFA requested to formalize this change via a side letter.

The proposed side letter is attached as Exhibit A to the proposed Resolution. Staff recommends that the City Council adopt the proposed Resolution. If approved, the change be implemented starting January 20, 2024.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution and approved it as to form.

Prepared by: Stephanie Sikkema, Finance Director
Fiscal Impact
FISCAL IMPACT:

The number of hours of “built-in” overtime owed per year under a 24-day period is 76; under a 14-day period it is 122 - 46 more hours. This "built-in" overtime assumes a certain amount of time off which does not count towards hours worked. Based on these hours and the average overtime rate, the estimated annual fiscal impact of this change is approximately $63,000. For the current fiscal year, this is $26,400 - which can be absorbed within the current Fire salary and benefit budget.

While staff can calculate the estimated cost of the change in work periods, it should be noted that there is expected to be an offsetting savings due to the elimination of pay discrepancies which have occurred from the 24-day work period crossing multiple pay periods. The one-to-one ratio of work period to pay period will also allow for better accountability and reporting of fire overtime.

Expense Account No.

FY2023-24
Budget
Estimated Fiscal Impact
FYE
2024
FYE
2025
FYE
2026
FLSA Overtime 110.502.32.10.00.00.51.51180. $196,800 $26,400 $63,000 $63,000 Attachments
Attachment No. 1 - Resolution No. 2024-3
Attachment No. 2 - Side Letter
CITY COUNCIL GOALS & OBJECTIVES: Maintain Good Intergovernmental Relations ATTACHMENT NO. 1
RESOLUTION NO. 2024-3

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING THE SIDE

LETTER OF AGREEMENT BETWEEN THE CITY AND THE
WEST COVINA FIREFIGHTERS’ ASSOCIATION, I.A.F.F.,
LOCAL 3226 (WCFFA)
WHEREAS, on October 4, 2022, the City Council approved Resolution No. 2022-98 adopting the Memorandum of Understanding between the City and the City of West Covina Firefighters’ Association, I.A.F.F., Local 3226 (WCFFA); and WHEREAS, Section 7(k) of the Fair Labor Standards Act (FLSA) provides that employees engaged in fire protection or law enforcement may be paid overtime on a “work period” basis; and
WHEREAS, to increase transparency and accountability, the City has proposed changing the work period for members of the WCFFA from 24 days to 14 days and paying based on actual hours worked per pay period; and WHEREAS, the City and the WCFFA have met and conferred in accordance with the Meyers-Milias-Brown Act and Government Code § 3500 to discuss the work period changing from 24 days to 14 days and paying based on actual hours worked per pay period; and
WHEREAS, the City and the WCFFA have memorialized the agreement in a written side letter of agreement, which is attached hereto as Exhibit “A.”

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Side Letter of Agreement between the City and the West Covina Firefighters’ Association, I.A.F.F., Local 3226, attached hereto as Exhibit “A,” is hereby approved.

SECTION 2. The Acting City Manager is authorized to sign the Side Letter of Agreement, in such final form as approved by the City Attorney.

SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately.

APPROVED AND ADOPTED this 16th day of January, 2024.

Brian Calderón Tabatabai
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2024-3 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 16th day of January, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A

SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE
WEST COVINA FIREFIGHTERS’ ASSOCIATION, I.A.F.F., LOCAL 3226 (WCFFA)

SIDE LETTER OF AGREEMENT

BETWEEN

THE CITY OF WEST COVINA
AND
WEST COVINA FIREFIGHTERS’ ASSOCIATION,
I.A.F.F., LOCAL 3226
THIS SIDE LETTER OF AGREEMENT (“Agreement”) is entered into between the City of West Covina (“City”) and the West Covina Firefighters’ Association, I.A.F.F., Local 3226 (“WCFFA”) (collectively “Parties”) with respect to the following:

WHEREAS, the Parties entered into a Memorandum of Understanding with a term of July 1, 2022 to June 30, 2025 (MOU); and
WHEREAS, the Parties have met and conferred in accordance with the MeyersMilias-Brown Act and Government Code section 3500 to discuss changing the work period for WCFFA members from 24 days to 14 days and have agreed upon such change; and
WHEREAS, the Parties desire to enter into this Side Letter Agreement to memorialize their agreement regarding such change.

NOW, THEREFORE, the Parties agree as follows:

1. Beginning January 20, 2024, the City will implement a 14-day work period for members of the WCFFA. The Parties further agree that employees’ base pay will not “smoothed” or averaged over the course of the year.

2. WCFFA members’ base pay will not be negatively impacted by the change over the course of a year, contingent upon members working their designated and scheduled shifts.

3. All other terms and conditions of the MOU shall remain in full force and effect.

FOR THE WCFFA AND CITY OF WEST COVINA:

I agree on behalf of the WCFFA: I agree on behalf of the City:
___________________________ __________________________
Terry Paredez Paulina Morales
WCFFA President Acting City Manager
___________________________ ___________________________ Date Date
AGENDA ITEM NO. 6

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: January 16, 2024
TO: Mayor and City Council
FROM: Paulina Morales
Acting City Manager
SUBJECT: PUBLIC HEARING REGARDING DEVELOPMENT CODE UPDATE (CODE AMENDMENT NO. 23-01), INCLUDING ASSOCIATED INITIAL STUDY AND NEGATIVE

DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, GENERAL PLAN AMENDMENT NO. 23-02, AND ORDINANCE NO. 2919 APPROVING THE DEVELOPMENT CODE UPDATE, AMENDING CHAPTERS 7, 15, 17, AND 24 OF

THE WEST COVINA MUNICIPAL CODE, AND AMENDING THE DOWNTOWN PLAN

AND CODE
RECOMMENDATION:

It is recommended that the City Council:

1. Conduct a public hearing;

2. Adopt the following resolutions:

RESOLUTION NO. 2024-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION FOR THE DEVELOPMENT CODE UPDATE (CODE AMENDMENT NO. 23-01) PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
RESOLUTION NO. 2024-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 23-02

TO AMEND THE LAND USE ELEMENT TO CHANGE THE LAND USE DESIGNATIONS

OF CERTAIN PROPERTIES AND MAKING A DETERMINATION THAT THE PROJECT IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) (COMMON SENSE EXEMPTION); and

3. Introduce the following ordinance:

COVINA MUNICIPAL CODE, AND AMENDING THE DOWNTOWN PLAN AND CODE BACKGROUND:

At the June 2, 2020 City Council meeting, the City Council authorized the City Manager to apply for and receive the Local Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development, and enter into an agreement with the State for a grant of $500,000. LEAP is a one-time grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the acceleration of housing production and help local governments prepare for the 6th Cycle Regional Housing Needs Assessment. The City is utilizing the LEAP Grant to complete a comprehensive re-write of the City's Zoning Code (Development Code Update).

In December 2016, the City Council adopted the City's General Plan, that establishes the community’s vision for future development of the City over the next 20 years. The General Plan is a comprehensive policy document which establishes objectives and policies that guide physical development within a city.

A city adopts and periodically amends its Development Code to establish zoning and subdivision regulations that are consistent with the policies, and achieve the goals, of the General Plan. The City of West Covina Development Code Update is a comprehensive amendment that aims to update the City’s subdivision and zoning standards to implement the City’s General Plan.

The purpose of the proposed Development Code Update is to create a new, streamlined Development Code that establishes clear and concise regulations for future property development. The intent of the comprehensive Development Code Update is to eliminate outdated rules and regulations, provide regulations for new uses, and comply with new and updated state laws. The proposed Development Code Update also includes certain incentives and concessions for future housing projects designed to encourage development of a range of housing types to aid the City in meeting its current Regional Housing Needs Assessment.

Process
The Development Code Update process included extensive community outreach. The City held five (5) community meetings within each of the City's Council Districts to make the meetings more accessible to residents and to obtain public input. A website was created specifically for the Development Code Update, it provided information and allowed for public input. Information obtained from the public was presented to the Development Code Update Subcommittee comprised of Commissioner Livier Becerra and Chairman Brian Gutierrez, and Councilman Tony Wu and former Mayor Dario Castellanos. The draft Development Code is being prepared based on guidance obtained from the Subcommittee. A summary of the public outreach efforts and response is included in this report as Attachment No. 5.

PLANNING COMMISSION REVIEW
October 10th and 24th
The Development Code Update was initially reviewed by the Planning Commission on October 10, 2023.

The Planning Commission continued the item to October 24th and subsequently to a November 1st special meeting, 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 3, 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 4, Division 1, Section 26-118 (Emergency Shelters) - Remove time restrictions due to concerns with potential loitering.

Article 4, 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 4, Division 1, Section 26-121 (Massage Parlors and Health and Beauty Spas) - Allow for doors in massage parlors and health and beauty spas.

Article 4, Division 1, Section 26-123 (Mobile Services) - Include standards or guidelines that would define what negative impacts are and types of services that would constitute a negative impact.

Article 4, Division 1, Section 26-125 (Outdoor Dining) - Remove the 25-percent limitation.

Article 6, Division 10, Section 26-260 (Permit Required) - Increase the 10-percent tree canopy trimming thresholds for permits.

Article 6, 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 areas, parks, and schools to 1,000 feet.

November 1st
Prior to the meeting, staff advertised the Development Code Update public hearing on the City's social media three times. The Development Code Update was revised to reflect the intent of the Planning Commission's direction. During the meeting, staff recommended that the Planning Commission approve a notification radius for wireless telecommunication facility projects equal to and no different from the 500-foot notification radius for other projects requiring an entitlement.

The Planning Commission voted 3-2 to recommend that the City Council adopt the new Development Code and related General Plan land-use map, zoning map, and negative declaration, indicating that if the wireless notification radius has to be reduced (draft Development Code included a 1,000-foot notification radius at the time of review) for legal reasons, the Planning Commission is recommending a notification radius no less than 800 feet.

The November 1, 2023 Planning Commission staff report and executed recommendation resolutions have been included in this report as Attachments Nos. 6 and 7.

DISCUSSION:

The Development Code is a zoning tool available for municipalities to create property-specific land use and development regulations. Key objectives of the Development Code Update include:

Combine the City’s Subdivision Ordinance, Multi-family Objective Design Standards and Zoning Code into one Development Code (Title 26)
Reorganize the Development Code so that it is clear, concise and easy to use.

Allow for residential uses within existing commercial (or office) zones and encourage mixed-use development while retaining the character of the community.

Revise the City’s Development Code to eliminate outdated regulations, provide for new uses, and update the Development Code regulations for consistency with the City’s Housing Element, and recent State legislation.

If adopted, all properties (except state or federally owned land) located within the City limits are required to comply with the amended Development Code.

General Plan Amendment
Approval of a General Plan Amendment (GPA) is requested as part of the proposed project. The proposed GPA involves the reclassification of land use designations for two properties due to zone changes that will be proposed as part of this project. This includes two undeveloped, City-owned parcels that have an existing land use designation of NL (Neighborhood Low) that will be reclassified to the land use designation of POS (Parks and Open Space).

Zone Change
The project involves Zone Change 23-02, which will be presented to the Planning Commission and the The project involves Zone Change 23-02, which will be presented to the Planning Commission and the City Council at a later date.

Development Code Update Code Amendment
The "marked-up" draft version of the Development Code has been attached to Ordinance No. 2519 (Attachment No. 3) to indicate the changes that have been made to the current code. The articles, divisions, and sections labeled as "*NEW*" with the yellow highlight are new and have either been completely re-written, partially re-written/combined with other code standards, or are not present in the current code. Most of these items are either clarifying language that states the purpose and intent of the article, contains clarifying diagrams/tables, or are State required new regulations. References to existing code sections are listed. When a reference to an existing code section is not listed next to the article or division title, it means that the particular article or division is in the same location it is in the current Code.

The "red-lined" texts are language in the current code that has been stricken-out, while the underlined texts in blue are new language that has been added. Please note that the strike-out and underlined texts are indicated to show substantive or notable changes that impact the content of each standard; there may be syntax corrections/changes that have been made that are not shown with a "strike-out" or "underline."
The following is an outline of the proposed Development Code Update:

Section 26-01 through 26-43 (Chapter 26, Article 1)
Division 1 – Purpose and applicability of the Development Code Division 2 – Interpretation of the Development Code
Division 3 – Zoning Districts and Zoning Map
Division 4 – Definitions
Relocate all definitions throughout the Code within Article 1, Division 4.

Section 26-44 through 26-62 (Chapter 26, Article 2)
Division 1 – Residential zones (RA, R1, MF-8, MF-15, MF-20, MF-45) Removal of Area Districts I-IV for single-family residential zones and establish minimum lot width, minimum lot depth and minimum lot area criteria.

Replace and revise maximum unit size and lot coverage to maximum floor area and building coverage.

Revise permit requirements and allowable uses.

Include single- and multi-family residential development standards and permitted/unpermitted land uses in one section.

Remove the CUP requirement for mobile homes to permitted by right (but still requiring a precise plan), in accordance with CGC Sec. 65852.3, and added definitions for these uses.

Expand definition of “group home” and allowing those with 6 or fewer occupants in single-family and multi-family zones (per State Law) and requiring CUPs for larger facilities in higher intensity multifamily zones.

Add farmworker/employee housing per State law.

Add requirements that construction within the Very High Fire Hazard Severity Zone shall comply with Chapter 7A of the California Building Code.

Division 2 – Commercial Mixed-Use, Office Mixed-use, and Manufacturing Zones (OPMU, NMU, SMU, RMU, M-1)
Rename existing Office-Professional (O-P), Neighborhood Commercial (N-C), Regional-Commercial (R-C), and Service-Commercial (S-C) zones to Office-Professional Mixed-Use (OPMU), Neighborhood-Commercial Mixed-Use (NMU), Regional-Commercial Mixed-Use (RMU), and Service-Commercial Mixed-Use (SMU).

Eliminate Medium-Commercial (C-2) and Heavy-Commercial (C-3) commercial zones and rezone to NMU or SMU.

Incorporate standards for residential development in Mixed-Use zones as standards for commercial mixed-use and office mixed-use zones, and remove the Mixed-Use Overlay.

Revise permit requirements and allowable uses.

Add an administrative permitting requirement for self-service kiosks for retail establishments.

Prohibit new drive-through food establishments.

Include and combine development standards and permitted/unpermitted land uses table for all mixed-use commercial, mixed-use office and industrial zones in one section.

Incorporate standards for temporary uses.

Division 3 – Special Purpose Zones (O-S, S-P)
Include Open Space (O-S) and Specific Plan (S-P) permitted uses and development standards within the Special Purpose Zone
Division 4 - Overlay Zones (Hillside, Planned Community and Residential Development, Auto Plaza, Animal Keeping)
Remove Mixed-Use Overlay, and incorporate standards into mixed-use office and commercial under Article 2, Division 2.

Section 26-63 through 26-106 (Chapter 26, Article 3)
Division 1 – General Site Planning and Development Standards Clarify methodologies for lot coverage calculation, building height measurements and exceptions, setback and sight triangle measurements, and allowable encroachments into setbacks.

Include exhibits for building height and setback measurements and sight triangle methodology.

Division 2 – Accessory Structures
Include general development standards relating to accessory structures (not including ADUs).

Include Solar Energy Systems standards.

Division 3 – Fences, Walls, and Hedges
Include exhibit detailing method for measuring fence and wall heights.

Simplify standards for fences, walls, hedges and retaining walls.

Removed the administrative use permit process to increase property line fence/wall height to 7 feet and allow 7-foot tall fences/walls with a building permit.

Division 4 – Screening and Buffering
Relocate screening and buffering standards under Article 3.

Division 5 – Landscaping
Relocate the Model Water Efficient Landscape Ordinance under Article 3.

Simplify General Landscaping Standards.

Include landscape maintenance section.

Incorporate standards and permitting regulations for synthetic turf.

Division 6 – Parking and Loading
Relocate all parking standards within one section (Article 3, Division 6).

Simplify minimum parking requirements.

Incorporate bicycle parking standards for specific uses.

Update Reduction of Parking Requirements and Joint Use Parking Ordinance and relocate to Article 3, Division 6.

Relocate parking space dimension standards to Article 3, Division 6, and include an exhibit.

Division 7 – Transportation and Air Quality Control Measures Relocate this section under Article 3, Division 7.

Division 8 – Sign Regulations
Update sign standards - the standards reviewed and recommended by the Planning Commission were incomplete. In the previous version, existing tables within the current code with specific sign standards were inadvertently deleted. Staff added the tables within the existing code back to the Development Code since these standards are important in keeping order and regulating signage for different building types and uses within the City. Staff also edited the "election season sign" standards to make it more content-neutral.

Eliminated year-round banners and replaced it with regulations allowing permits for temporary banners for no more than 90 days in a calendar year Included standards for election season signs
Allow electronic reader boards for churches and schools Section 26-107 through 26-166 (Chapter 26, Article 4)
Division 1 – Standards for Specific Land Uses
Relocate standards for specific uses under Article 4, Division 1.

Include standards for electric vehicle stations and solar carports, limited service (take-out and delivery only) restaurants, skilled nursing facilities (including assisted living, dialysis facilities and similar uses), standards for stand alone kiosks,
Update to include standards for Transitional and Supportive Housing.

Update animal keeping provisions.

Update game arcade and internet access centers to amusement and entertainment facilities with updated regulations.

Update dance facilities use to community assembly facility.

Update Massage Parlors and Bath houses to Massage Parlors and Heath and Beauty Spas.

New section for outdoor dining, including not requiring parking for the first 500 square feet of outdoor dining areas per business.

Add design requirements for outdoor dining areas.

Allow for and add regulations for new types of uses (e.g., craft manufacturing facilities, craft breweries/distilleries) to align with new ABC regulations.

Increase setback for wireless telecommunication facilities from single-family residential uses from 100 feet radius to 500 feet, and from no required separation to 100 feet radius for multi-family zones.

Division 2 – Accessory Dwelling Units and junior accessory dwelling units Update ADU standards to comply with recent State legislation and relocate ADU standards under Article 4, Division 2.

Division 3 – Affordable Housing and Density Bonus Incentives Update and incorporate affordable housing and density bonus incentives ordinance under Article 4, Division 3.

Update the Density Bonus Ordinance for consistency with State Law and define concessions and waivers in definitions section.

Refine definitions of concessions and waivers as they relate to density bonuses.

Division 4 – Urban Dwelling Units
Relocate standards for urban dwelling units under Article 4, Division 4.

Division 5 – Multi-Unit Dwelling Objective Design Standards Incorporate the City of West Covina’s Multi-Unit Dwelling Objective Design Standards into Development Code as Article 4, Division 5
Section 26-167 through 26-178 (Chapter 26, Article 5)
Division 1 – General Nonconforming Provisions
Update to include a purpose and intent for General Nonconforming Provisions.

Division 2 – Nonconforming Parcels
Division 3 – Nonconforming Signs
Division 4 – Nonconforming Structures
Division 5 – Nonconforming Uses
Division 6 – Abatement and Extension of Nonconforming Uses, Structures and Parcels Section 26-179 through 26-283 (Chapter 26, Article 6)
Division 1 – General Provisions
Revise, simply General Provisions, relocate into Article 6, Division 1.

Increase the public notification requirement from 300-foot radius from a project site to 500-foot radius (1,000-foot radius for public utility facilities).

Require on-site posting of public hearing notice for certain development applications.

Eliminate the Large Home and Large Addition processes for single-family residential units.

Division 2 – Reasonable Accommodation
Division 2 – Reasonable Accommodation
Division 3 – Precise Plan
Division 4 – Conditional Use Permit
Division 5 – Variances
Division 6 – Administrative Permit
Reduce and simplify the number of planning permits, predominantly for administrative processes.

Division 7 – Minor Modification
Division 8 – Film Permit
Division 9 – Second Unit Review (Accessory Dwelling Unit) Division 10 – Preservation, Protection and Removal of Trees Division 11 – Environmental Assessment Guidelines and Procedures Division 12 – Revocation Procedures
Division 13 – Planning Commission Subcommittee For Design Section 26-284 through 26-292 (Chapter 26, Article 7)
Division 1 – Amendments
Division 2 – Administration
Section 26-293 through 26-262 (Chapter 26, Article 8)
Division 1 – Authority
Division 2 – General Provisions
Increase park dedication requirements from 3.0 acres per 1,000 residents to 3.2 acres per 1,000 residents. The City has 4.1 acres of existing park area per 1,000 residents. The proposed increase is within the threshold allowed by Government Code Section 66477, and is consistent with the requirements of surrounding cities.

Revisions include flag lot requirements such as a limitation on the number of residential flag lots and flag lot design standards.

Division 3 – Tentative Tract Maps
Notice of hearing for tentative tract maps changed from 300 feet to 500 feet.

Division 4 – Vesting Tentative Maps
Division 5 – Final Maps
Division 6 – Tentative Parcel Map
Reduce the reviewing authority of parcel maps (subdivisions of four parcels or less) from the Planning Commission to the Community Development Director.

Division 7 – Reversions to Acreage
Division 8 – Lot Line Adjustments
Division 9 – Lot Merger
Division 10 – Certificate of Compliance
Division 11 – Parcel Maps For Urban Lot Splits
Division 12 – Condominium Conversion
Other Changes
Downtown Plan and Code - Prohibit all new drive-throughs Change cross-reference in Section 7-280.6 to the new Chapter 26 section numbers.

Relocate Division 29 (Wireless Telecommunication Facilities in the Public Right-of-Way) of Article XII of Chapter 26 to Article X of Chapter 19 (Streets, Sidewalks, and Public Places).

Change cross-reference to Section 26-685.14200 in Article XIV (Abandoned Carts - Retrieval and Impoundment) of Chapter 15 to new Section 26-115
Change cross-references to sections of Chapter 26 in Chapter 24 to the new section numbers.

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.

LEGAL REVIEW:

The City Attorney's Office has reviewed the proposed resolutions and ordinance and approved them as to form.

OPTIONS:

The City Council has the following options:

Adopt Resolution Nos. 2024-4 and 2024-5, and introduce Ordinance No. 2519 per the Planning Commission's recommendation with the changes made/recommended by staff discussed in the report; or

1. 2. Provide alternative direction.

ENVIRONMENTAL REVIEW:

Development Code Update
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study (IS) has been prepared for the Development Code Update and its associated discretionary approvals. The IS indicates that there is no substantial evidence that the proposed Project may have a significant impact on the environment, and therefore, requires preparation of an Initial Study/ Negative Declaration (IS/ND). Based on the environmental checklist form prepared and supporting environmental analysis, the Development Code Update would have no impact or less than significant impact on the environment. The ND has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) and was circulated for public comment for 20 days (from August 28, 2023 to September 17, 2023). Comments were received from the Los Angeles County Metropolitan Transportation Authority. T he City has considered the proposed IS/ND together with the comments received during the public comment period and determined on the basis of the whole record before it that there is no substantial evidence that the Project will have a significant effect on the environment and that the Negative Declaration reflects the City’s independent judgment and analysis.

General Plan Amendment
The redesignation of two parcels from “Neighborhood Low” to “Parks and Open Space” is exempt from CEQA under the common sense exemption of CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the change will not have any environmental effects. The change in land use designation does not authorize or allow for any additional development. The change reflects that the property is undeveloped land owned by the City. The change in land use designation will not allow any greater development than under the previous land use designation. There is no possibility that the changes will have a significant effect on the environment. Therefore, the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption).

Prepared by: Jo-Anne Burns, Planning Manager
Fiscal Impact
FISCAL IMPACT:

Projects that involve residential subdivisions are required to dedicate land for parks, pay an in-lieu fee, or perform a combination of the two. This West Covina Municipal Code amendment involves an increase to the required park dedication requirements from 3.0 acres per 1,000 residents to 3.2 acres per 1,000 residents. All other changes are administrative.

Attachments
Attachment No. 1 - Resolution No. 2024-4
Attachment No. 2 - Resolution No. 2024-5
Attachment No. 3 - Ordinance No. 2519
Attachment No. 4 - Outreach Summary
Attachment No. 5 - November 1, 2023 Planning Commission Staff Report Attachment No. 6 - Planning Commission Recommendation Resolutions CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1
RESOLUTION NO. 2024-4

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, ADOPTING THE NEGATIVE

DECLARATION FOR THE DEVELOPMENT CODE
UPDATE (CODE AMENDMENT NO. 23-01) PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, Chapter 20 (Subdivision Regulations) and Chapter 26 (Zoning) of the West Covina Municipal Code have not been comprehensively updated in more than 46 years and require revisions to ensure they align with the current aspirations and values of the community and comply with state laws and regulations; and WHEREAS, the City initiated Code Amendment No. 23-01, known as the “Development Code Update”, which proposes to amend the West Covina Municipal Code including the combination of Chapters 20 and 26 into one chapter, Chapter 26 (Development Code); and
WHEREAS, the Development Code Update will eliminate outdated rules and regulations, provide regulations for new uses, and update the Development Code for consistency with the City’s 2021-2029 Housing Element. The Development Code Update will also involve the elimination of zoning designations that are not widely used in the current Zoning Code, specifically the Medium Commercial (C-2), Heavy Commercial (C3), Public Building (P-B) and Planned Industrial (I-P) zoning designations, and the combining of the Neighborhood Commercial and Service Commercial zones with the mixed-use overlay zones on such properties into one base zoning designation for each; and
WHEREAS, the proposed Development Code Update also includes the incorporation of recently adopted mixed-use standards into the office and commercial zoning designations throughout the City; and
WHEREAS, the proposed Development Code Update (the “Project”) is considered a “project” pursuant to the terms of the California Environmental Quality Act (CEQA); and WHEREAS, the City, through its environmental consultant, prepared an Initial Study for the Project; and
WHEREAS, following completion of the Initial Study, the City determined there was no substantial evidence that the proposed Project may have a significant impact on the environment; and
WHEREAS, the City, through its environmental consultant, prepared a Negative Declaration for the proposed Project pursuant to the requirements of CEQA, in support of the finding that there will not be a significant effect on the environment as a result of the proposed Project; and
WHEREAS, the Draft Initial Study and Negative Declaration dated August 2023 was subject to a 20-day public review period which began on August 28, 2023 and ended on September 17, 2023. The City distributed a Notice of Intent (NOI) to adopt a Negative Declaration (ND) along with the Initial Study (IS); and WHEREAS, three comments were received during the public review period from the following entities: Matthew Godman (Blvd Real Estate), John Taniguchi, and Los Angeles County Metropolitan Transportation Authority (Metro). The letters and responses are incorporated into the Final Initial Study and Negative Declaration dated September 2023, attached hereto as Exhibit B; and
WHEREAS, the Planning Commission conducted duly noticed public hearings on October 10, 2023, October 24, 2023, and November 1, 2023 to consider in part the Negative Declaration, at the conclusion of which the Planning Commission adopted a resolution recommending the City Council adopt the Negative Declaration; and WHEREAS, the City has revised the Draft IS/ND to correct erroneous references to a Mitigated Negative Declaration (MND) and mitigation measures as this was only a Negative Declaration and to also clean-up other typographical errors while retaining the original date of August 2023; and
WHEREAS, in accordance with CEQA Guidelines Section 15074(b), the City has considered the proposed IS/ND together with the comments received during the public comment period and determined on the basis of the whole record before it that there is no substantial evidence that the Project will have a significant effect on the environment and that the Negative Declaration reflects the City’s independent judgment and analysis; and
WHEREAS, the City Council conducted a duly noticed public hearing on January 16, 2024 to consider in part the Project; and
WHEREAS, in making the various findings set forth herein, the City Council has considered all of the evidence presented by staff and the public, whether written or oral, and has considered the procedures and the standards required by the West Covina Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The foregoing recitals are true and correct and are incorporated herein.

SECTION 2. Adoption of Negative Declaration. The City Council of the City of West Covina hereby adopts the Initial Study and Negative Declaration. In its entirety, the document consists of the corrected Draft Initial Study and Negative Declaration attached hereto as Exhibit A and the Final Initial Study and Negative Declaration attached hereto as Exhibit B. In taking this action the City Council has used its independent judgment in reviewing the Initial Study and Negative Declaration.

SECTION 3. Record of Proceedings. The documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in the office of the West Covina Planning Division, 1444 West Garvey Avenue South, Room 208, West Covina, CA 91790 and on the City’s website at https://www.westcovina.org/departments/community-development/planningdivision/projects-and-environmental-documents. The custodian of these documents and other materials is the West Covina Community Development Director.

SECTION 4. Notice of Determination. Upon approval of the Project by the City Council, the environmental coordinator shall file a Notice of Determination with the County Clerk of Los Angeles County.

SECTION 5. Effective Date. The City Clerk shall certify to the adoption of this Resolution and shall enter it into the book of original resolutions. This Resolution shall take effect immediately.

APPROVED AND ADOPTED this 16th day of January, 2024.

Brian Calderón Tabatabai
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2024-4 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 16th day of January, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A

DRAFT INITIAL STUDY AND NEGATIVE DECLARATION
Draft Initial Study and
Negative Declaration
West Covina Development Code Update
Prepared for City of West Covina
Planning Division
1444 West Garvey Avenue South, 2nd Floor, Room 208
West Covina, California 91790
Contact: Jo-Anne Burns, Planning Manager
[email protected]
Prepared by Psomas
5 Hutton Centre Drive, Suite 300
Santa Ana, California 92707
Contact: Sean Noonan
(714) 751-7373
August 2023

Table of Contents
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TABLE OF CONTENTS
Section Page
Introduction.......................................................................................................................................... 1-1 Purpose of the Initial Study..................................................................................................... 1-1 California Environmental Quality Act Compliance ........................................................ 1-1 Project Summary......................................................................................................................... 1-1

1.3.1 Location............................................................................................................................ 1-1

1.3.2 Lead Agency.................................................................................................................... 1-2

1.3.3 Existing Setting.............................................................................................................. 1-2

1.3.4 Proposed Project .......................................................................................................... 1-2 Summary of Findings................................................................................................................. 1-2 Project Approval.......................................................................................................................... 1-3 Organization of the Initial Study ........................................................................................... 1-3 Project Location and Environmental Setting ............................................................................ 2-1 Project Location........................................................................................................................... 2-1 Existing Site and Area Characteristics ................................................................................ 2-1

2.2.1 Existing Site Conditions ............................................................................................. 2-1 Planning Context.......................................................................................................................... 2-1

2.3.1 General Plan.................................................................................................................... 2-1

2.3.2 Zoning ............................................................................................................................... 2-1 Project Description............................................................................................................................. 3-1 West Covina Development Code Update............................................................................ 3-1

3.1.1 Project Components.................................................................................................... 3-1 Discretionary Approvals........................................................................................................... 3-3

3.3.1 Negative Declaration................................................................................................... 3-3 Environmental Checklist.................................................................................................................. 4-1 Aesthetics ....................................................................................................................................... 4-3 Agriculture and Forest Resources ........................................................................................ 4-5 Air Quality ...................................................................................................................................... 4-7 Biological Resources .................................................................................................................. 4-9 Cultural Resources.................................................................................................................... 4-13 Energy............................................................................................................................................ 4-15 Geology and Soils....................................................................................................................... 4-17 Table of Contents
ii WEST COVINA DEVELOPMENT CODE UPDATE

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Greenhouse Gas Emissions....................................................................................................4-20 Hazards and Hazardous Materials......................................................................................4-22 Hydrology and Water Quality...............................................................................................4-26 Land Use and Planning............................................................................................................4-31 Mineral Resources.....................................................................................................................4-33 Noise...............................................................................................................................................4-34 Population and Housing .........................................................................................................4-36 Public Services............................................................................................................................4-38 Recreation ....................................................................................................................................4-40 Transportation ...........................................................................................................................4-42 Tribal Cultural Resources ......................................................................................................4-44 Utilities and Service Systems................................................................................................4-46 Wildfire..........................................................................................................................................4-48 Mandatory Findings of Significance...................................................................................4-50 References .............................................................................................................................................5-1 WEST COVINA DEVELOPMENT CODE UPDATE 1-1

INITIAL STUDY/NEGATIVE DECLARATION

INTRODUCTION

PURPOSE OF THE INITIAL STUDY
The purpose of this Initial Study (IS) is to (1) describe the proposed West Covina Development Code Update Project (hereinafter referred to as the “Project”), which would update two sections of the City’s Municipal Code (Title 20) and the Zoning Code (Title 26)into one Development Code (Title 26) and (2) provide an evaluation of potential environmental impacts associated with the Project. The goal of the Project is to create a new, streamlined development code that establishes clear and concise regulations for property owners, architects, and developers. This IS has been prepared pursuant to the California Environmental Quality Act (CEQA), as amended (Section 21000 et. seq. of the Public Resources Code) and in accordance with the State CEQA Guidelines (Section 15000 et. seq. of the California Code of Regulations).

Pursuant to Section 15367 of the State CEQA Guidelines, the City of West Covina (hereinafter referred to as the “City”) is the lead agency for the Project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project that may have a significant effect on the environment. The City of West Covina, as the lead agency, has the authority for Project approval and certification of the accompanying environmental documentation.

CALIFORNIA ENVIRONMENTAL QUALITY ACT COMPLIANCE
In accordance with CEQA and the State CEQA Guidelines, an Initial Study (IS) has been prepared for the Project and its associated discretionary approvals. The IS indicates that the project has less than significant environmental impacts, and therefore, the Project requires preparation of an Initial Study/ Negative Declaration (IS/ND).

This IS/ND serves as the environmental document that presents the analysis of Project impacts on each of the environmental issue areas in the CEQA Environmental Checklist provided in Section 4.0. This document will serve to inform City decision makers, representatives of affected trustee and responsible agencies, and other interested parties of the potential environmental effects that may occur with approval and implementation of the Project.

PROJECT SUMMARY

1.3.1 LOCATION
The Project proposes a comprehensive update to sections of the City’s Municipal Code, the Subdivision Code (Title 20) and the Zoning Code (Title 26) into one Development Code (Title 26). These sections of the Municipal Code regulate how construction projects are processed and what requirements they must adhere to. These projects can range from small additions onto single-family homes to new shopping centers. As such, the Project is applicable to the City of West Covina as a whole.

Introduction
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1.3.2 LEAD AGENCY
City of West Covina
Planning Division
Attention: Jo-Anne Burns
Planning Manager
1444 West Garvey Avenue South, 2nd Floor, Room 208
West Covina, CA 91790
(626) 939-8422

1.3.3 EXISTING SETTING
City of West Covina
City of West Covina is a suburban city in Los Angeles County, California. The City is in the eastern San Gabriel Valley and 19 miles east of Downtown Los Angeles. The City was incorporated in 1923 and had a population of 105,013 as of July 2022 (US Census 2023).

Surrounding Cities
West Covina is surrounded by several cities and unincorporated communities including the city of Covina to the northeast, the cities of Baldwin Park and Irwindale to the northwest, the city of La Puente and the community of Valinda to the southwest, the city of Industry to the south, the community of Ramona to the east, and the city of Walnut to the southeast.

1.3.4 PROPOSED PROJECT
The Project includes updates to sections of the City’s Municipal Code, the Subdivision Code (Title 20) and the Zoning Code (Title 26) into one Development Code (Title 26). These sections of the Municipal Code regulate how construction projects are processed and what requirements they must comply with. These projects can range from small additions onto 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 at the City.

SUMMARY OF FINDINGS
Based on the environmental checklist form prepared for the Project and supporting environmental analysis (Section 4.0), the Project would have no impact or less than significant impacts for all resource topics.

Introduction
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According to the State CEQA Guidelines, it is appropriate to prepare an IS/ND for the Project because the Project would have no potentially significant environmental impacts.

PROJECT APPROVAL
This IS/ND has been submitted to potentially affected agencies and individuals. The Notice of Intent (NOI) to adopt the IS/ND, as well as the environmental documentation are also available on the City of West Covina’s website (https://www.westcovina.org/departments/communitydevelopment/planning-division/projects-and-environmental-documents) for review. Additionally, the NOI was published in the San Gabriel Valley Tribune.

A 20-day public review period has been established for the IS/ND. The review period has been established in accordance with Section 15073 of the State CEQA Guidelines. During review of the IS/ND, affected public agencies and the interested public should focus on the document’s adequacy in identifying and analyzing the potential environmental impacts and the ways in which the potentially significant effects of the Project can be avoided or mitigated. Comments on the IS/ND and the analysis contained herein must be received by the close of the public review period, and should be addressed to:

City of West Covina
Planning Division
Attention: Jo-Anne Burns
Planning Manager
1444 West Garvey Avenue South, 2nd Floor, Room 208
West Covina, CA 91790
[email protected]
Following receipt and evaluation of comments from agencies, organizations, and/or individuals, the City will determine whether any substantial new environmental issues have been raised. If so, further documentation—such as an Environmental Impact Report (EIR) or an expanded IS/ND—may be required. If not, the Project and the environmental documentation would be submitted to the West Covina Planning Commission and City Council for consideration.

ORGANIZATION OF THE INITIAL STUDY
The IS/ND is organized into sections, as described below. • Section 1.0: Introduction. This section provides an introduction, Project summary, and overview of the conclusions in the IS/ND.
• Section 2.0: Project Location and Environmental Setting. This section provides a brief description of the Project location, relevant background information, and a description of the existing conditions (I would say a description of the existing state of the Code). • Section 3.0: Project Description. This section provides a description of the Project, a statement of purpose and need, and necessary discretionary approvals. • Section 4.0: Environmental Checklist. The completed Environmental Checklist Form from the State CEQA Guidelines provides an overview of the potential impacts that may Introduction
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INITIAL STUDY/NEGATIVE DECLARATION
or may not result from Project implementation. The Environmental Checklist Form also includes “mandatory findings of significance”, as required by CEQA. • Section 5.0: References. This section identifies the references used to prepare the IS/ND.

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PROJECT LOCATION AND ENVIRONMENTAL SETTING

PROJECT LOCATION
The Project consists of a comprehensive update to two sections of the City’s Municipal Code, the Subdivision Code (Title 20) and the Zoning Code (Title 26) into one Development Code (Title 26). These sections of the Municipal Code regulate how construction projects are processed and what requirements they must adhere to. These projects can range from small additions onto single-family homes to new shopping centers. As such, the Project is applicable to the City of West Covina as a whole.

EXISTING SITE AND AREA CHARACTERISTICS

2.2.1 EXISTING SITE CONDITIONS
City of West Covina
City of West Covina is a suburban city in Los Angeles County, California. The City is in the eastern San Gabriel Valley and 19 miles east of Downtown Los Angeles. The City was incorporated in 1923 and had a population of 106, 098 at the 2010 census.

Surrounding Cities and Development
West Covina is surrounded by the cities of Covina to the northeast, Baldwin Park and Irwindale to the northwest, La Puente and Valinda to the southwest, Industry to the south, Ramona to the east, and Walnut to the southeast. (Jillian – Maybe here we also add information in terms of levels of density and development within other jurisdictions along the boundaries of the City.)

PLANNING CONTEXT

2.3.1 GENERAL PLAN
In December 2016, the City Council adopted PlanWC (2035 General Plan) and the Downtown Plan & Code. The City is in the process of updating the Housing Element for the 2021-2029 (6th Cycle) planning period.

2.3.2 ZONING
Zoning Code (West Covina Municipal Code Chapter 26)
The City’s current Zoning Code is decades old and has been modified through minor amendments to keep up with new State requirements. In addition, the code is poorly organized. The Project includes a complete overhaul of the current Zoning Code and combining the Subdivision Ordinance to create a consolidated Development Code, which will repeal and replace the existing codes.

Project Location and Environmental Setting
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Subdivision Ordinance (West Covina Municipal Code Chapter 20) The City’s current Subdivision Ordinance is decades old and has been modified through minor amendments to keep up with new State requirements. The new Development Code shall establish thresholds for when public improvements are required. The Development Code will repeal and replace the existing Subdivision Ordinance.

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PROJECT DESCRIPTION

WEST COVINA DEVELOPMENT CODE UPDATE
The West Covina Development Code Update (Project) will update two sections of the City’s Municipal Code, the Subdivision Code (Title 20) and the Zoning Code (Title 26). These sections of the Municipal Code regulate how construction projects are processed and what requirements they must adhere to. These projects can range from small additions onto 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, as well as providing regulations for new uses and updating 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 at the City.

The Project would not 1) substantially modify existing land uses and 2) apply to Downtown Specific Plan area or “Planned Development” districts, and these areas will remain as they are and be incorporated into the Project.

3.1.1 PROJECT COMPONENTS
The Project includes the following updates to the West Covina Development Code:
• Create a flexible Code with modified land uses.
• Eliminate Area Districts and incorporate those development standards into the underlying zone.
• Reassign zones that are not widely used in the code (e.g., Planned Industrial zone [I-P]). • Increase park dedication requirements from 3.0 acres per 1,000 residents to 3.2 acres per 1,000 residents.
• Reduce the reviewing authority of parcel maps (subdivisions of four parcels or less) from the Planning Commission to the Community Development Director. • Reduce and simplify the number of planning permits, predominately for administrative processes.
• Increase the public notification requirement from 300-foot radius from a project site to 500-foot radius (1,000-foot radius for wireless facilities). • Replace newspaper posting requirement for development applications with on-site posting.
• Allow for and add regulations for new types of uses (e.g., craft manufacturing facilities, craft breweries/distilleries) to align with new ABC regulations. • Reduce required discretionary review for “permanent make-up” uses to permitted “byright”.

Project Description
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• New section for outdoor dining, including parking requirements for outdoor dining areas more than 25 percent of the gross floor area with a requirement for a parking study to determine if the existing parking is adequate.
• Add design requirements for outdoor dining areas.
• Develop design criteria and a review process for drive-through facilities in the City. • Incorporate the recently adopted Mixed-Use Overlay requirements into the existing commercial zoning regulations.
• Increase parking lot landscape requirements for multi-family residential, commercial and industrial zones from 1 tree per 10 parking spaces and 8% of parking lot to either: a) 1 tree per 6 parking spaces and 8% of the parking lot, OR b) 1 tree per 10 spaces and 12% of parking lot.
• Require the use of recycled water for irrigation purposes, provided there is adequate capacity to serve the site.
• Clarify and provide updated standards for gardens and retaining walls. • Update the Density Bonus Ordinance for consistency with State Law and define concessions and waivers.
• Eliminate the Large Home and Large Addition processes for single-family residential units.
• Update Large Family Daycare facilities to be permitted by-right, consistent with State Law.
• Update animal keeping provisions.
• Allow for alternative permeable materials on a driveway (e.g., pavers, grasscrete, etc.).

Code currently requires only concrete or asphalt.
• Include requirements and administrative process for synthetic turf use in the front yards of single-family residential units.
• Incorporate minimum parking stall and aisle dimensions. • Simplify parking requirements for full-service restaurants to 1 space per 100 gross square feet rather than current requirements which is 1 space for every 3.5 permanent seats and one for every 40 square feet of assembly area that is not occupied by permanent seats.
• Reduce medical office parking requirement from 1 space per 200 square feet to 1 space per 250 square feet.
• Increase multi-family guest parking requirement from 10% of the required spaces (for apartments) or 1 space per 5 units (condominiums) to spaces per 4 units. • Allow small electronic reader board signs for institutional uses. • Subdivision Ordinance revisions included flag lot requirements such as a limitation on the number of residential flag lots and flag lot design standards.

Project Description
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DISCRETIONARY APPROVALS
This IS/ND is intended to serve as the primary CEQA environmental document for all actions associated with the Project, including all other approvals beyond the City’s authority needed to implement the Project. The following discretionary approvals are required for Project approval. • Approval of Development Code Amendments by the West Covina City Council.

3.3.1 NEGATIVE DECLARATION
In compliance with CEQA, the State CEQA Guidelines, the City of West Covina would adopt the Negative Declaration (ND), prior to approval of the Project. The ND serves as a finding that the Project would not have a significant effect on the environment.

Project Description
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ENVIRONMENTAL CHECKLIST

ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.

Aesthetics Agriculture and Forestry
Resources
Air Quality
Biological Resources Cultural Resources Energy
Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities and Service Systems Wildfire Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency.)
On the basis of this initial evaluation:

I find that the Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to be the Project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the Project could have a significant effect on the environment, because al potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the Project, nothing further is required.

Signature Date
Printed Name For
Environmental Checklist
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EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question.

A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analysis,” as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D).

In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.

Environmental Checklist
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AESTHETICS
Except as provided in Public Resources Code Section
21099, would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are
experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing
scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Impact Analysis
Would the Project:
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The Project would allow for and add regulations for newer types of uses such as craft manufacturing facilities and craft breweries/distilleries. Such uses would be subject to design regulations as well as other provisions of the General Plan and Municipal Code, which would ensure new projects are developed consistent with existing visual character.

The Project would revise the Municipal Code to allow for small electronic reader board signs for institutional uses, which would increase the existence of these signs within the City. However, effects related to night lighting would be minor as any additional electronic signs that would be installed would occur at street frontages where there are generally already existing street lighting, streetlights, and other outdoor lighting.

The Project would add design requirements for outdoor dining areas and would increase parking lot landscape requirements, which would help to improve the aesthetics for these existing outdoor spaces.

Future development projects within the City would be subject to City review, which would ensure that potential aesthetics effects of future projects are evaluated and mitigated for as they are proposed.

Therefore, the Project would result in less than significant impacts related to aesthetics and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to aesthetics; therefore, no mitigation measures are required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-5

INITIAL STUDY/ NEGATIVE DECLARATION

AGRICULTURE AND FOREST RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220[g]), timberland (as defined by Public Resources
Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code Section
51104[g])?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of
forest land to non-forest use?
Impact Analysis
Would the Project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220[g]), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104[g])?
d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development Environmental Checklist
4-6 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height. The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. This allowance for increased height of development would in no way increase the Project’s impacts related to agriculture and forest resources.

The City of West Covina is in an urbanized area and no aspect of the Project would convert farmland to a non-agricultural use. Based on review of the data provided on the Important Farmland Finder, prepared by the California Department of Conservation, Farmland Mapping and Monitoring Program (FMMP), there are no lands designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance on or near the Project site (FMMP 2020). The entire City is classified as Urban and Built-Up Land (DOC 2018).

Additionally, according to a review of aerial imagery, no state or national forest land occurs on the Project site or in the surrounding area (NETROnline 2023).

Therefore, the Project would not result in the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural uses. In addition, the Project site does not contain designated forest land or timberland, as defined in the California Public Resources Code (§§12220[g] and 4526, respectively). Therefore, no impacts to agricultural resources, forest land, or timberland would result from Project implementation, and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to agriculture and forest resources; therefore, no mitigation is required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-7

INITIAL STUDY/ NEGATIVE DECLARATION

AIR QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to odors adversely affecting a substantial number of people?
Impact Analysis
Would the Project:
a) Conflict with or obstruct implementation of the applicable air quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings. As discussed above, the Project would allow for taller commercial buildings on certain parcels within the City, which would increase construction and operational air quality emissions from those levels that would result without the Project if these sites were to be developed in such a manner. However, less than significant impacts are anticipated as any such future development would be required to evaluate potential environmental effects pursuant to CEQA prior to approval, which would Environmental Checklist
4-8 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
ensure that air quality impacts are fully evaluated for future development projects. Therefore, the Project would not result in any increased air quality emissions, nor would the Project obstruct implementation of an applicable air quality plan.

The Project would allow for and add regulations for newer types of uses such as craft manufacturing facilities and craft breweries/distilleries. Such uses would be subject to design regulations as well as other provisions of the General Plan and Municipal Code, which would ensure these potential new projects are developed consistent with air quality and odor requirements.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For larger projects with the potential for air quality effects, the City would evaluate air quality and other effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to air quality; therefore, no mitigation measures are required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-9

INITIAL STUDY/ NEGATIVE DECLARATION

BIOLOGICAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
Impact Analysis
Would the Project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Environmental Checklist
4-10 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings. The Project’s allowance for taller commercial buildings on certain parcels within the City would not result in any increased biological effects. The Project would not result in any direct removal of habitat, or effects to areas identified as riparian habitat, wetlands, or sensitive natural communities.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For projects on sites potentially containing biological resources, the City would evaluate biological resources and other effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The City contains trees and other vegetation as well as waterways which could be used by resident and migratory wildlife. Due to the presence of trees and vegetation in the City, there is the potential for birds protected by the Federal Migratory Bird Treaty Act (MBTA) and Sections 3503, 3503.5, and 3513 of the California Fish and Game Code to nest throughout the City. The MBTA protects common and special status migratory birds and their nests and eggs. Also, multiple sections of California Fish and Game Code provide protection for nesting birds and Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-11

INITIAL STUDY/ NEGATIVE DECLARATION
raptors. Section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird. Section 3503.5 specifically addresses raptors (i.e., birds of prey in the orders Falconiformes and Strigiformes) and makes it unlawful to take, possess, or destroy these birds or their nest or eggs. Section 3513 prohibits the take or possession of migratory non-game birds or any part of such bird, as designated by the MBTA.

The Project would increase parking lot landscape requirements for certain future developments, which would potentially result in an increase in tree coverage and areas to nest for migratory birds in the City.

Therefore, the Project would result in less than significant impacts related to this resource and no mitigation is required.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

Future projects implemented throughout the City would be subject to the City’s tree preservation, protection, and removal procedures within the City’s Municipal Code. The Project would not conflict with City regulations in this regard. Impacts would be less than significant and, no mitigation is required.

Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.

Environmental Checklist
4-12 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
No Impact. The City is located in a highly urbanized region and not within any established Habitat Conservation Plan (HCP), Natural Community Conservation Plan (NCCP), or other approved type of habitat conservation plan. Therefore, the Project would no impact related to this threshold, and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to biological resources; therefore, no mitigation measures are required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-13

INITIAL STUDY/ NEGATIVE DECLARATION

CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c) Disturb any human remains, including those interred
outside of formal cemeteries?
Impact Analysis
Would the Project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

In compliance with State and federal regulations, if human remains are encountered during excavation activities related to future development projects in the City, all work would be required to stop in the vicinity, and the County Coroner shall be notified.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For projects on sites potentially containing archaeological resources, the City would evaluate these resources and other effects in accordance with CEQA.

With implementation of existing regulatory requirements, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.

Environmental Checklist
4-14 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
c) Disturb any human remains, including those interred outside of formal cemeteries? Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

With implementation of existing regulatory requirements, the Project would result in less than significant impacts related to this threshold and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to cultural resources; therefore, no mitigation measures are required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-15

INITIAL STUDY/ NEGATIVE DECLARATION
ENERGY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
Impact Analysis
Would the Project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings. As discussed above, the Project would allow for taller commercial buildings on certain parcels within the City, which would increase construction and operational energy usage from those levels that would result without the Project if these sites were to be developed in such a manner. However, less than significant impacts are anticipated as any such future development would be required to evaluate potential environmental effects pursuant to CEQA prior to approval, which would ensure that energy impacts are fully evaluated for future development projects.

The Project would allow for and add regulations for newer types of uses such as craft manufacturing facilities and craft breweries/distilleries. Such uses would be subject to design regulations as well as other provisions of the California Building Code, City General Plan, and City Municipal Code, which would ensure new projects are developed consistent with applicable energy efficiency requirements.

Environmental Checklist
4-16 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For projects with large or unique construction operations or for projects where large quantities of energy would be used during operations, the City would evaluate energy usage and other effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to energy; therefore, no mitigation measures are required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-17

INITIAL STUDY/ NEGATIVE DECLARATION

GEOLOGY AND SOILS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault?
ii) Strong seismic groundshaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial
direct or indirect risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of
wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Impact Analysis
Would the Project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? No Impact. According to the California Department of Conservation, none of the City is within or near a known earthquake fault (DOC 2023a). The Sierra Madre Fault Zone and the Elsinore Fault Zone are north and south of the City, but neither occur within or immediately adjacent to the City. Therefore, the Project would result in no impacts related to this threshold and no mitigation is required.

Environmental Checklist
4-18 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
ii) Strong seismic groundshaking?
iii) Seismic-related ground failure, including liquefaction? iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or c0ollapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

Future projects in the City would be subject to their own future discretionary review processes, as applicable, and would be required to comply with CEQA, which would ensure that geotechnical effects of future projects are evaluated and mitigated for as they are proposed. As part of the City’s review of future development, geotechnical investigations will be required for projects to evaluate geotechnical hazards and design solutions.

Also, all future development in the City would be required to comply with the California Building Code (CBC) (DGS 2022). The CBC contains minimum standards regulating the design and construction of excavations, foundations, retaining walls, and other building elements to control the effects of seismic ground shaking and adverse soil conditions. The CBC also includes provisions for earthquake safety based on factors such as occupancy type, the types of soil and rock on-site, and the strength of ground motion that may occur at the Project site.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-19

INITIAL STUDY/ NEGATIVE DECLARATION
Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The Project would not increase the amount or depth of excavations that could occur within the City.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For projects on sites potentially containing paleontological resources, the City would evaluate these resources and other effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to geology and paleontology; therefore, no mitigation measures are required.

Environmental Checklist
4-20 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION

GREENHOUSE GAS EMISSIONS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the
environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of
greenhouse gases?
Impact Analysis
Would the Project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings. The Project’s allowance for taller commercial buildings on certain parcels within the City would increase construction and operational greenhouse gas emissions from those levels that would result without the Project if these sites were to be developed in such a manner. However, less than significant impacts are anticipated as any such future development would be required to evaluate potential environmental effects pursuant to CEQA prior to approval, which would ensure that impacts related to greenhouse gas emissions are fully evaluated for future development projects.

Therefore, the Project would not result in any increased greenhouse gas emissions nor would the Project conflict with any applicable greenhouse gas-related plans, policies, or regulations.

The Project would result in less than significant impacts related to these thresholds and no mitigation is required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-21

INITIAL STUDY/ NEGATIVE DECLARATION
Mitigation Measures
Project implementation would not result in significant impacts related to greenhouse gas emissions; therefore, no mitigation measures are required.

Environmental Checklist
4-22 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION

HAZARDS AND HAZARDOUS MATERIALS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within onequarter mile of an existing or proposed school? d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the
environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency
evacuation plan?
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Impact Analysis
Would the Project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-23

INITIAL STUDY/ NEGATIVE DECLARATION
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings. The Project’s allowance for taller commercial buildings on certain parcels within the City would not result in any increased effects related to hazardous waste and materials. Therefore, the Project has no potential to result in direct impacts related to hazardous materials.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For projects on sites potentially containing hazardous waste or materials, the City would evaluate these resources and other effects in accordance with CEQA.

This would include evaluations such as preparation of Phase I Environmental Site Assessments and/or other evaluations consistent with State and Federal regulations. Similarly, future projects in the City would be required to comply with best practices for the testing and abatement of hazardous waste.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the project area?
No Impact. The Project site is not located within two miles of an airport and is not within an airport land use plan (LA County Planning 2023a). Therefore, the Project would have no impact related to this threshold and no mitigation is required. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

INITIAL STUDY/NEGATIVE DECLARATION
Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings The Project’s allowance for taller commercial buildings on certain parcels within the City would not result in any increased effects related to adopted emergency response and evacuation plans. Therefore, the Project has no potential to result in direct impacts related to emergency response plans or emergency evacuation.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For projects that could potentially significantly interfere with evacuation or emergency response, the City would evaluate these resources and other effects in accordance with CEQA.

Therefore, the Project would result in a less than significant impact related to this threshold and no mitigation is required.
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
Less Than Significant Impact. Most of the City is developed and not highly prone to wildland fires. However, areas in the southern and southeastern portions of the City contain more vegetation and are classified as being located within a Very High Fire Hazard Severity Zone (Los Angeles County Fire Department. 2023a). This includes areas to the south including near Big League Dreams West Covina and Galster Wilderness Park, and areas to the southwest of the City including around South Hills Country Club.

The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height. The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all nonresidential uses, the City requires approval of a Precise Plan, which would ensure that new nonresidential uses are compatible with their surroundings. The Project’s allowance for taller commercial buildings on certain parcels within the City would not result in any increased wildfire effects.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For projects that could significantly be at-risk of wildfire, the City would evaluate these resources and other effects in accordance with CEQA.

Also, all future development would be required to comply with the latest California Fire Code as well as the CBC, which contain regulations for safeguarding life and property from fire (DGS 2022).

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-25

INITIAL STUDY/ NEGATIVE DECLARATION
Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to hazards and hazardous materials; therefore, no mitigation measures are required.

Environmental Checklist
4-26 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION

HYDROLOGY AND WATER QUALITY
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the
project impede sustainable groundwater management of
the basin?
c) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or offsite; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding
on- or offsite;
iii) create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted runoff;
or
iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
Impact Analysis
Would the Project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

INITIAL STUDY/ NEGATIVE DECLARATION
ensure that new non-residential uses are compatible with their surroundings. The Project’s allowance for taller commercial buildings on certain parcels within the City would not result in any increased impacts related to water quality.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For projects that would substantially alter drainage patterns or increase impervious surface coverage, the City would evaluate hydrology and water quality as well as other project effects in accordance with CEQA.

Further, future development within the City would be required to comply with local, state, and federal laws relating to construction and operational stormwater design.

Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project impede sustainable groundwater management of the basin?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For projects that would substantially alter drainage patterns or increase impervious surface coverage, the City would evaluate groundwater as well as other project effects in accordance with CEQA.

Also, future projects in the City would be required to comply with local, state, and federal laws relating to construction and operational stormwater design.

Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.

Environmental Checklist
4-28 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
c) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or off-site; ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite;
iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or
iv) impede or redirect flood flows?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

Further, future development within the City would be required to comply with local, state, and federal laws relating to construction and operational stormwater design.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
Less Than Significant Impact. The City is over 28 miles from the nearest ocean; therefore, there is no risk of a tsunami affecting future development within the City. The City is not near a standing body of water; therefore, a seiche event could not affect future development within the City. However, most of the City is within the inundation area for the Puddingstone Dam if it were Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-29

INITIAL STUDY/ NEGATIVE DECLARATION
to breach (DWR 2023a). Also, portions of the City are at-risk of flooding related to Walnut Creek Channel (FEMA 2023a).

The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height. The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. The Project’s allowance for taller commercial buildings on certain parcels within the City would not result in any increased impacts related to flooding or risk of release of pollutants. Therefore, the Project has no potential to result in direct impacts related to water quality from a flooding or inundationrelated event.

Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

Environmental Checklist
4-30 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
Further, future development within the City would be required to comply with local, state, and federal laws relating to construction and operational stormwater design.

Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to hydrology and water quality; therefore, no mitigation measures are required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-31

INITIAL STUDY/ NEGATIVE DECLARATION

LAND USE AND PLANNING
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Physically divide an established community?
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental
effect?
Impact Analysis
Would the Project:
a) Physically divide an established community?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances, including those related to adequate access. For projects that would substantially alter transportation access, the City would evaluate transportation as well as other project effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not Environmental Checklist
4-32 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings. The Project’s allowance for taller commercial buildings on certain parcels within the City would not result in any increased impacts related to conflicts with existing plans or policies. As such, the Project has no features which would conflict with a land use plan, policy, or regulation. Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to land use and planning; therefore, no mitigation measures are required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-33

INITIAL STUDY/ NEGATIVE DECLARATION

MINERAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
Impact Analysis
Would the Project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. The City does not contain any Mineral Resource Zones (MRZs) as designated by the California Geological Survey (CGS) (City of West Covina 2016b). Also, there are no major areas within the City of West Covina containing known mineral resources appropriate for mineral extraction. Thus, there would be no loss of availability of known mineral resources or of locally important mineral resource recovery sites.

According to information available on the DOC’s Well Finder web mapping application, there are no active oil or gas wells located within the City (DOC 2023b).

Therefore, the Project would result in no impacts related to these thresholds and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to mineral resources; therefore, no mitigation is required.

Environmental Checklist
4-34 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
NOISE
Would the project result in:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Generation of a substantial temporary or permanent
increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b) Generation of excessive groundborne vibration or
groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people
residing or working in the project area to excessive noise levels?
Impact Analysis
Would the Project:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings. The Project would allow for taller commercial buildings on certain parcels within the City, which would potentially increase construction and operational noise from the noise levels that would result without the Project if these sites were to be developed in such a manner. However, less than significant impacts are anticipated as any such future development would be required to evaluate potential environmental effects pursuant to CEQA prior to approval, which would ensure that noise and vibration impacts are fully evaluated for future development projects.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-35

INITIAL STUDY/ NEGATIVE DECLARATION
Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances, including the City’s noise ordinance. The City would evaluate noise and vibration as well as other project effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the project area to excessive noise levels?
No Impact. The Project site is not located within two miles of an airport and is not within an airport land use plan (LA County Planning 2023a). Therefore, the Project would not result in exposure of people residing or working in the Project area to excessive noise levels from either airport or airstrip-related activities, and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to noise and vibration; therefore, no mitigation measures are required.
s
Environmental Checklist
4-36 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION

POPULATION AND HOUSING
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new
homes and businesses) or indirectly (for example,
through extension of roads or other infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of replacement
housing elsewhere?
Impact Analysis
Would the Project:
a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings. The Project would allow for taller commercial buildings on certain parcels within the City, which would increase the potential for indirect population growth related to the greater intensity of commercial uses that could potentially be developed when compared to potential development that could occur without the Project. However, less than significant impacts are anticipated as any such future development would be required to evaluate potential environmental effects pursuant to CEQA prior to approval, which would ensure that population growth and housing-related impacts are fully evaluated for future development projects.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances. For any projects that would potentially re-zone properties or would otherwise add substantial unplanned growth within the City, the City would evaluate population and housing as well as other project effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-37

INITIAL STUDY/ NEGATIVE DECLARATION
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height. The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all nonresidential uses, the City requires approval of a Precise Plan, which would ensure that new nonresidential uses are compatible with their surroundings. The Project’s allowance for taller commercial buildings on certain parcels within the City would not result in any increased effects related to replacement housing. The Project would result in no impact related to this threshold and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to population and housing; therefore, no mitigation measures are required.

Environmental Checklist
4-38 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION

PUBLIC SERVICES
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or
other performance objectives for any of the public
services:
i) Fire protection?
ii) Police protection?
iii) Schools?
iv) Parks?
v) Other public facilities?
Impact Analysis
Would the Project:
a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i) Fire protection?
ii) Police protection?
iii) Schools?
vi) Parks?
vi) Other public facilities?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

INITIAL STUDY/ NEGATIVE DECLARATION
feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances, including those related to public services. For projects that would result in substantial demands upon public service providers, the City would evaluate this topic as well as other project effects in accordance with CEQA. As the Project would allow for taller commercial buildings on certain parcels within the City, there could be additional demand on public service providers than could occur without the Project. However, less than significant impacts are anticipated as any such future development would be required to evaluate potential environmental effects pursuant to CEQA prior to approval, which would ensure that public service impacts are fully evaluated for future development projects. Therefore, the Project would result in less than significant impacts related to this threshold and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to public services; therefore, no mitigation measures are required.

Environmental Checklist
4-40 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION

RECREATION
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the
environment?
Impact Analysis
Would the Project:
a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
b) Include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances, including those related to recreation. For projects that would result in substantial demand for recreational facilities and services, the City would evaluate this topic as well as other project effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.

Environmental Checklist
WEST COVINA DEVELOPMENT CODE UPDATE 4-41

INITIAL STUDY/ NEGATIVE DECLARATION
Mitigation Measures
Project implementation would not result in significant impacts related to recreation; therefore, no mitigation measures are required.

Environmental Checklist
4-42 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION

TRANSPORTATION
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Conflict with a program, plan, ordinance, or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
Impact Analysis
Would the Project:
a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses?
d) Result in inadequate emergency access?
Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances, including those related to adequate access. For projects that Environmental Checklist
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would substantially alter transportation access, the City would evaluate transportation as well as other project effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to transportation; therefore, no mitigation measures are required.

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TRIBAL CULTURAL RESOURCES
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Less Than
Significant
Impact
No
Impact
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:

1. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section
5020.1(k), or

2. A resource determined by the lead agency, in its
discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public
Resource Code Section 5024.1, the lead agency shall
consider the significance of the resource to a California Native American tribe.

Impact Analysis
Would the Project:
a) Cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:

1. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?

2. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.

Less Than Significant Impact. In May 2023, the City sent letters to seven tribal contacts. The City only heard back from the Gabrieleno Band of Mission Indians - Kizh Nation whose staff inquired about the Project and asked that they be notified of future project ground-disturbance activities. None of the other tribes responded to the AB 52 notification.

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The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height. The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. The Project’s allowance for taller commercial buildings on certain parcels within the City would not result in any increased effects related to tribal cultural resources.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances, including those related to cultural resources. For projects that would involve ground disturbance in previously undisturbed soils, the City would evaluate cultural and tribal cultural resources as well as other project effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to tribal cultural resources; therefore, no mitigation measures are required.

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UTILITIES AND SERVICE SYSTEMS
Would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the construction or
relocation of which could cause significant environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development
during normal, dry and multiple dry years?
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?
d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e) Comply with federal, state, and local statutes and
regulations related to solid waste?
Impact Analysis
Would the Project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
b) Have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple years? c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
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Less Than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

Future development projects within the City would be subject to City review for consistency with City plans, policies, and ordinances, including those related to utilities and service systems. For future projects that would result in substantial demands upon utilities and service systems, the City would evaluate this as well as other project effects in accordance with CEQA.

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to utilities and service systems; therefore, no mitigation measures are required.

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WILDFIRE
If located in or near state responsibility areas or
lands classified as very high fire hazard severity
zones, would the project:

Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Substantially impair an adopted emergency response
plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose project
occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency
water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Impact Analysis
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
Less Than Significant Impact. Most of the City is developed and not highly prone to wildland fires. However, areas in the southern and southeastern portions of the City contain more vegetation and are classified as being located within a Very High Fire Hazard Severity Zone (Los Angeles County Fire Department. 2023). This includes areas to the south including near Big League Dreams West Covina and Galster Wilderness Park, and areas to the southwest of the City including around South Hills Country Club.

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The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height. The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all nonresidential uses, the City requires approval of a Precise Plan, which would ensure that new nonresidential uses are compatible with their surroundings.

Each substantial future development would be subject to its own future discretionary review process, as applicable, and would be required to comply with CEQA, which would ensure that potential wildfire-related effects of future projects are evaluated and mitigated for as they are proposed.

Also, all future development would be required to comply with the latest California Fire Code as well as the CBC, which contain regulations for safeguarding life and property from fire (DGS 2022).

Therefore, the Project would result in less than significant impacts related to these thresholds and no mitigation is required.

Mitigation Measures
Project implementation would not result in significant impacts related to wildfire; therefore, no mitigation measures are required.

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MANDATORY FINDINGS OF SIGNIFICANCE
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a) Does the project have the potential to substantially degrade the quality of the environment, substantially
reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community,
substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? (‘Cumulatively
considerable’ means that the incremental effects of a
project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Impact Analysis:

Would the Project:
a) Have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
Less than Significant Impact. The Project would result in less than significant impacts related to biological resources and no mitigation is required, as discussed in more detail in Section 4.4.

Therefore, the Project would have a less than significant impact related to this threshold. b) Have impacts that are individually limited, but cumulatively considerable? (‘Cumulatively considerable’ means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Less than Significant Impact. The Project does not propose any actual development. The Project would not permit any new projects resulting in land uses of greater density, intensity, or height than permitted under State Law, the General Plan, or the Municipal Code and would not allow new development on sites where such development is prohibited under State Law or the General Plan. The one exception relates to parcels that are currently zoned as C2 (Medium Environmental Checklist
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Commercial) and C3 (Heavy Commercial), which are limited to four stories or 45 feet in height.

The new zoning classifications for these areas would be N-C (Neighborhood Commercial) or S-C (Service Commercial), depending on the parcel, which have no height limit except for when the parcel is within 100 feet of residential uses where the height limit is limited to a maximum of 25 feet. Residential uses across the City are limited to 45 feet in height pursuant to the Municipal Code. For all non-residential uses, the City requires approval of a Precise Plan, which would ensure that new non-residential uses are compatible with their surroundings. Therefore, the Project has no potential to contribute to any cumulative impacts. The Project would have a less than significant impact related to this threshold.
c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Less than Significant Impact. The Project would result in less than significant impacts with no mitigation required for all resource topics. Therefore, the Project would have a less than significant impact related to this threshold.

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REFERENCES
California Department of Conservation. 2023a (July access date). Earthquake Zones of Required Investigation. Sacramento, CA: DOC.
https://maps.conservation.ca.gov/cgs/EQZApp/app/
———2023b (July 17 access date). WellFinder. Sacramento, CA: DOC. https://www.conservation.ca.gov/calgem/Pages/Wellfinder.aspx ———2018 (last updated). California Important Farmland Finder. Sacramento, CA: DOC. https://maps.conservation.ca.gov/DLRP/CIFF/
California Department of General Services. 2022. 2022 California Building Standards Code (Cal.

Code Regs., Title 24). Sacramento, CA: DGS. https://www.dgs.ca.gov/BSC/Codes Caltrans. 2019 (August, last updated). List of eligible and officially designated State Scenic Highways. Sacramento, CA: Caltrans. https://dot.ca.gov/programs/design/laplandscape-architecture-and-community-livability/lap-liv-i-scenic-highways Department of Water Resources (DWR), Division of Safety of Dams (DSOD). 2023a (July 17, access date). Dam Breach Inundation Map Viewer. Sacramento, CA: DWR. https://fmds.water.ca.gov/webgis/?appid=dam_prototype_v2 FEMA. 2023a (July 17, access date). National Flood Hazard Layer. Washington, DC: FEMA. https://www.fema.gov/flood-maps/national-flood-hazard-layer Los Angeles County Department of Regional Planning. 2023a (July 17, access date). Airport Land Use Plans. Los Angeles, CA: LA County Planning. https://planning.lacounty.gov/airportland-use-planning/ and https://case.planning.lacounty.gov/aluc/airports Los Angeles County Fire Department. 2023a (July 17, access date). Los Angeles County Fire Hazard Severity Zone Maps – Local Responsibility
Area.https://www.arcgis.com/home/webmap/viewer.html?webmap=71ab58665c4f4e ed830985f469b8283d
NETROnline 2023 (July 14, last accessed). Historic Aerial Imagery. Tempe, Arizona: NETROnline. https://www.netronline.com/.

Office of the State Fire Marshall. 2023a (July 17, access date). Fire Hazard Severity Zones in State Responsibility Areas. Sacramento, CA. https://calfireforestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d8 9597ab693d008
US Census Bureau. 2023a (July 14, access date). Quick Facts, West Covina. Washington, DC: US Census Bureau. https://www.census.gov/quickfacts/westcovinacitycalifornia West Covina, City of. 2016a (December, adopted). West Covina General Plan. West Covina, CA:

City of West Covina.

References
5-2 WEST COVINA DEVELOPMENT CODE UPDATE

INITIAL STUDY/NEGATIVE DECLARATION
https://www.westcovina.org/home/showpublisheddocument/17689/637109880132 000000
———2016b (December). City of West Covina 2016 General Plan Update and Downtown Plan and Code Final Environmental Impact Report.
https://www.westcovina.org/home/showpublisheddocument/18142/637232598667 300000

EXHIBIT B

FINAL INITIAL STUDY AND NEGATIVE DECLARATION
Final Initial Study and
Negative Declaration
West Covina Development Code Update
City of West Covina
Planning Division
1444 West Garvey Avenue South, 2nd Floor, Room 208
West Covina, California 91790
Contact: Jo-Anne Burns, Planning Manager
[email protected]
Psomas
5 Hutton Centre Drive, Suite 300
Santa Ana, California 92707
Contact: Sean Noonan
(714) 751-7373
September 2023
West Covina Development Code Update Project
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TABLE OF CONTENTS
Section Page
Section 1.0 Executive Summary ................................................................................................ 1 Section 2.0 Comments on the Draft IS/ND ................................................................................ 2 West Covina Development Code Update Project
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SECTION 1.0

EXECUTIVE SUMMARY
Pursuant to the California Environmental Quality Act (CEQA), the potential environmental effects of the proposed West Covina Development Code Update Project (Project) have been analyzed in an Initial Study/Negative Declaration (IS/ND) dated August 2023. The IS/ND was subject to a 20-day public review period which began on August 28, 2023, and ended on September 17, 2023.

The City distributed a Notice of Intent (NOI) to adopt a Negative Declaration (ND) along with the Initial Study (IS).

Three comments were received during the public review period from the following entities.  Matthew Godman, representing BLVD Real Estate;
 John Taniguchi; and
 Los Angeles County Metropolitan Transportation Authority (Metro).

These letters are provided in Section 2.0 below. None of the comments raised any issues related to the adequacy of the environmental analysis contained within the Draft IS/ND.

CEQA Guidelines Section 15074(b) states that prior to approving a project, the lead agency must consider the proposed IS/ND together with any comments received during the public review process. Based on the evaluation in the IS/ND and the comments received, the City has determined that all potential impacts associated with the Project would be less than significant and that no mitigation is required.

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SECTION 2.0

COMMENTS ON THE DRAFT IS/ND
Comment Letter 1:

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Comment Letter 2:

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Comment Letter 3:

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R:\Projects\KTG\3KTG010500\Environmental Documentation\Final IS-ND\West-Covina_Final-IS-ND-092923.docx 51 Responses to Comments
West Covina Development Code Update Project
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West Covina Development Code Update Project
R:\Projects\KTG\3KTG010500\Environmental Documentation\Final IS-ND\West-Covina_Final-IS-ND-092923.docx 53 Responses to Comments
West Covina Development Code Update Project
R:\Projects\KTG\3KTG010500\Environmental Documentation\Final IS-ND\West-Covina_Final-IS-ND-092923.docx 54 Responses to Comments
West Covina Development Code Update Project
R:\Projects\KTG\3KTG010500\Environmental Documentation\Final IS-ND\West-Covina_Final-IS-ND-092923.docx 55 Responses to Comments
West Covina Development Code Update Project
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West Covina Development Code Update Project
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West Covina Development Code Update Project
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West Covina Development Code Update Project
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ATTACHMENT NO. 2
RESOLUTION NO. 2024-5

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, APPROVING GENERAL
PLAN AMENDMENT NO. 23-02 TO AMEND THE LAND

USE ELEMENT TO CHANGE THE LAND USE

DESIGNATIONS OF CERTAIN PROPERTIES AND

MAKING A DETERMINATION THAT THE PROJECT IS

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3) (COMMON SENSE EXEMPTION)
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, the City of West Covina adopted the West Covina General Plan on December 20, 2016. The General Plan Land Use Maps were amended on November 7, 2017, November 5, 2019, May 4, 2021, and July 20, 2021; and WHEREAS, Chapter 20 (Subdivision Regulations) and Chapter 26 (Zoning) of the West Covina Municipal Code have not been comprehensively updated in more than 46 years and require revisions to ensure they align with the current aspirations and values of the community and comply with state laws and regulations; and WHEREAS, concurrent with updates to the City’s Municipal Code and the rezoning of various properties, the City initiated General Plan Amendment No. 23-02 to change to the land use designations of two City-owned properties (Assessor’s Parcel Nos. 8724- 013-901 and 8724-013-900) to match their actual usage; and WHEREAS, on October 10, 2023, October 24, 2023, and November 1, 2023, the Planning Commission conducted duly noticed public hearings as prescribed by law to consider in part General Plan Amendment No. 23-02, gave all persons interested therein an opportunity to be heard, and voted to recommend the City Council’s approval of General Plan Amendment No. 23-02; and
WHEREAS, after the close of all of the public hearings, the Planning Commission recommended that the City Council adopt the changes to the land use designations of the two properties listed above; and
WHEREAS, the proposed amendments implement the policies of the General Plan by providing an orderly, functional and compatible land use pattern; and WHEREAS, the City Council conducted a duly noticed public hearing on January 16, 2024, in part to consider the changes to the land use designations of the two properties listed above.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein as findings.

SECTION 2. Approval of General Plan Amendment. The City Council of the City of West Covina hereby adopts General Plan Amendment No. 23-02, amending the Land Use Element by redesignating Assessor’s Parcel Nos. 8724-013-901 and 8724-013-900 from “Neighborhood Low” to “Parks and Open Space” as set forth in Exhibit A and amending the Land Use Map of the City of West Covina accordingly to reflect such redesignations.

SECTION 3. Environmental Compliance. The redesignation of these two parcels from “Neighborhood Low” to “Parks and Open Space” is exempt from CEQA under the common sense exemption of CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the change will not have any environmental effects. The change in land use designation does not authorize or allow for any additional development. The change reflects that the property is undeveloped land owned by the City. The change in land use designation will not allow any greater development than under the previous land use designation. There is no possibility that the changes will have a significant effect on the environment. Therefore, the City Council finds that the project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and staff is directed to file a Notice of Exemption with the County Clerk’s office and post the Notice of Exemption on the City’s website.

SECTION 4. Certification. The City Clerk shall certify to the adoption of this Resolution and shall enter it into the book of original resolutions.

SECTION 5. Effective Date. This resolution shall take effect on the 31st day after passage.

APPROVED AND ADOPTED this 16th day of January, 2024.

Brian Calderón Tabatabai
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2024-5 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 16th day of January, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A

CHANGES TO LAND USE DESIGNATIONS
Assessor’s Parcel Nos. 8724-013-900 and 8724-013-901
Indicates the areas to be changed from “Neighborhood Low (NL)” to “Parks and Open Space (POS).

ATTACHMENT NO. 3
ORDINANCE NO. 2519

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, APPROVING CODE
AMENDMENT NO. 23-01, THE DEVELOPMENT CODE
UPDATE, AMENDING CHAPTER 7 (BUILDINGS AND
BUILDING REGULATIONS), CHAPTER 15
(MISCELLANEOUS PROVISIONS RELATING TO PUBLIC
HEALTH, AND SAFETY), CHAPTER 17 (PLANNING),
CHAPTER 19 (STREETS, SIDEWALKS, AND PUBLIC
PLACES), AND CHAPTER 24 (VEGETATION) OF THE

WEST COVINA MUNICIPAL CODE, AND AMENDING THE

DOWNTOWN PLAN AND CODE
WHEREAS, the City’s Subdivision Ordinance and Zoning Ordinance have not been comprehensively updated in more than 46 years and require revisions to ensure that they align with current aspirations and values of the community, and complies with current state law and regulations; and
WHEREAS, the City initiated Code Amendment No. 23-01, known as “Development Code Update” which proposes to amend the City of West Covina Municipal Code including the combination of the Subdivision Code (Chapter 20) and the Zoning Code (Chapter 26) into one Development Code (Chapter 26); and WHEREAS, it is necessary to amend Chapters 7, 15, 17, 19, and 24 of the West Covina Municipal Code as part of the Development Update to move Division 29 (Wireless Telecommunication Facilities in the Public Right-of-Way) of Article XII of Chapter 26 to Article X of Chapter 19 (Streets, Sidewalks, and Public Places) and revise cross-references within the West Covina Municipal Code to certain articles, divisions, and sections of Chapter 26; and
WHEREAS, it is necessary to amend Table 4.3.1 (Permitted Land Uses) of Section 3 (Land Use Standards) of the West Covina Downtown Plan & Code to remove Drivethrough services the permitted uses in the Downtown Plan area since the Development Code makes reference to Drive-through uses not being allowed in the Downtown Plan area; and
WHEREAS, it is necessary to increase park dedication requirements from 3.0 acres per 1,000 residents to 3.2 acres per 1,000 residents since the City has 4.1 acres of existing park area per 1,000 population/residents; and
WHEREAS, the City conducted community outreach meetings, which were held within each of the five Council districts on March 14, 2022, March 16, 2022, March 23, 2022 March 28, 2022, and March 30, 2022; and
WHEREAS, the City held outreach meetings with the Development Code Subcommittee on May 12, 2022, June 30, 2022 and November 17, 2022 to discuss the subdivision code, entitlement review process, non-residential code and residential code updates; and
WHEREAS, the City created a webpage to host all content created for the Development Code Update. The website has been updated periodically to include the latest project information; and
WHEREAS, on October 10, 2023, October 24, 2023, and November 1, 2023, the Planning Commission conducted duly noticed public hearings as prescribed by law to consider in part Code Amendment No. 23-01 (Development Code Update), gave all persons interested therein an opportunity to be heard, and voted to recommend the City Council’s approval and adoption of the Development Code Update; and WHEREAS, after the close of all of the public hearings, the Planning Commission recommended that the City Council adopt the Development Code Update; and WHEREAS, on January 16, 2024, the City Council upon giving the required notice, conducted a duly advertised public hearing as prescribed by law in part on this Ordinance; and
WHEREAS, prior to adopting this Ordinance, the City Council adopted Resolution No. 2024-4, adopting a Negative Declaration for the Project; and WHEREAS, the City Council has duly considered all information presented to it, including written staff reports and any testimony provided at the public hearing, with all testimony received being made a part of the public record.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council finds that all of the facts set forth in the recitals to this Ordinance are true and correct and incorporated herein as findings.

SECTION 2. Record. The findings made in this Ordinance are based upon the information and evidence that has been presented at the hearings and in the record of the proceedings. The IS/ND, agenda reports, and other documents and materials that constitute the record of proceedings are on file for public examination during normal business hours in the office of the West Covina Planning Division, 1444 West Garvey Avenue South, Room 208, West Covina, CA 91790 and available on the City’s website at https://www.westcovina.org/departments/community-development/planningdivision/projects-and-environmental-documents. The custodian of these documents and other materials is the West Covina Community Development Director.

SECTION 3. Notice and Opportunity to Comment. The City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on Code Amendment No. 23-01.

SECTION 4. General Plan Consistency. Based on the evidence presented, Code Amendment No. 23-01 is found to be consistent with the City’s General Plan (as amended).

SECTION 5. Approval of Code Amendment. Based on the findings and conclusions set forth in the above sections, and based on all the other evidence in the record, the City Council hereby approves Code Amendment No. 23-01, known as the Development Code Update, as set forth in Exhibit “A,” attached hereto and incorporated herein, which amends the City of West Covina Municipal Code including the combination of the Subdivision Code (Chapter 20) and the Zoning Code (Chapter 26) into one Development Code (Chapter 26). Chapter 20 shall be deleted and be labeled as a “Reserved” chapter within the West Covina Municipal Code. The following provides a summary of the Development Code updates:

A. Creation of a flexible code with modified land uses.

B. Eliminate Area Districts and incorporate those development standards into the underlying zone.

C. Eliminate zones that are not widely used in the code (e.g., Planned Industrial zone [I-P]).

D. Increase park dedication requirements from 3.0 acres per 1,000 residents to 3.2 acres per 1,000 residents.

E. Reduce the reviewing authority of parcel maps (subdivisions of four parcels or less) from the Planning Commission to the Community Development Director.

F. Reduce and simplify the number of planning permits, predominantly for administrative processes.

G. Increase the public notification requirement from 300-foot radius from a project site to 500-foot radius (1,000-foot radius for wireless facilities).

H. Replace newspaper posting requirement for development applications with onsite posting.

I. Allow for and add regulations for new types of uses (e.g., craft manufacturing facilities, craft breweries/distilleries) to align with new ABC regulations.

J. Reduce required discretionary review for “permanent make-up” uses to permitted “by-right.”
K. New section for outdoor dining, including not requiring parking for the first 500 square feet of outdoor dining areas per business.

L. Add design requirements for outdoor dining areas.

M. Incorporate the recently adopted Mixed-Use Overlay requirements into the existing commercial zoning regulations.

N. Increase parking lot landscape requirements for multi-family residential, commercial and industrial zones from 1 tree per 10 parking spaces and 8% of parking lot to either: a) 1 tree per 6 parking spaces and 8% of the parking lot, OR b) 1 tree per 10 spaces and 12% of parking lot.

O. Require the use of recycled water for irrigation purposes, provided there is adequate capacity to serve the site.

P. Clarify and provide updated standards for garden and retaining walls.

Q. Update the Density Bonus Ordinance for consistency with State Law and define concessions and waivers.

R. Eliminate the Large Home and Large Addition processes for single-family residential units.

S. Update Large Family Daycare facilities to be permitted by-right, consistent with State Law.

T. Update animal keeping provisions.

U. Allow for alternative permeable materials on a driveway (e.g., pavers, grasscrete, etc.). Code currently requires only concrete or asphalt.

V. Include requirements and administrative process for synthetic turf use in the front yards of single-family residential units.

W. Incorporate minimum parking stall and aisle dimensions.

X. Simplify parking requirements for full-service restaurants to 1 space per 100 gross square feet rather than current requirements which is 1 space for every 3.5 permanent seats and one for every 40 square feet of assembly area that is not occupied by permanent seats.

Y. Reduce medical office parking requirement from 1 space per 200 square feet to 1 space per 250 square feet.

Z. Increase multi-family guest parking requirement from 10% of the required spaces (for apartments) or 1 space per 5 units (condominiums) to spaces per 4 units.

AA. Allow small electronic reader board signs for institutional uses.

BB. Subdivision Ordinance revisions include flag lot requirements such as a limitation on the number of residential flag lots and flag lot design standards.

SECTION 6. Quimby Act. The proposed amendments to the Municipal Code are consistent with the Quimby Act (Government Code § 66477) because the parkland dedication and Quimby Fee requirements only apply to residential developments that require the approval of a tentative map or parcel map and the proposed amendments to the Municipal Code contain definite standards for determining the proportion of a subdivision to be dedicated for parks and recreational facilities and the amount of any Quimby Fees.

SECTION 7. Code Amendment. Table 4.3.1 (Permitted Land Uses) of Section 3 (Land Use Standards) of the West Covina Downtown Plan & Code shall be amended to remove Drive-through services associated with retail, restaurants, and bank from the permitted uses which will not be allowed in the Downtown Plan area.

SECTION 8. Code Amendment. Section 7-280.6(f) of Article XVIII of Chapter 7 shall be amended to read as follows:
(f) Any decision by the building official or his/her designee made pursuant to this chapter may be appealed to the planning commission in accordance with the procedure set forth in section 26-212193 of Chapter 26 of this Code.

SECTION 9. Code Amendment. Section 15-604(a) of Article XIV of Chapter 15 shall be amended to read as follows:
(a) Impounding. The city may impound any cart without the permanently affixed sign required by section 26-115 26-685.14200 of this Code and/or any cart that has the required permanently affixed sign, provided both of the following conditions have been met:
(1) The shopping cart is located outside the business premises. (2) The shopping cart is not retrieved within twenty-four (24) hours from the date the shopping cart owner receives actual notice from the city of such cart’s discovery and location.

SECTION 10. Code Amendment. Section 15-604(i) of Article XIV of Chapter 15 shall be amended to read as follows:
(i) Revocation. An approved cart containment plan per section 26-685.1420026-115 of this Code authorizing the use of carts by the business establishment may be revoked by the director upon his/her determination that any of the following grounds for revocation exist, and shall be subject to revocation procedures in division 12 of article VI of chapter 26 of this Code (Revocation Procedures):
(1) The owner of any establishment has received notice that the establishment is operating, or is permitting operation of, the establishment in violation of one or more of the provisions of said approved plan(s) and has failed to correct said violation(s) for a period of at least sixty (60) calendar days following the date of receipt of written notice of such violation(s) from the city. (2) The mandatory cart containment and retrieval plan is inadequate to reasonably prevent the removal of shopping carts from the premises of the retail establishment or to reasonably provide for the prompt retrieval of lost, stolen, or abandoned shopping carts which have been removed from the premises of the retail establishment.

SECTION 11. Code Amendment. Section 17-2(b) of Article II of Chapter 17 shall be amended to read as follows:
(b) Planning commission review. The planning commission shall be responsible for reviewing and rendering decisions regarding art in public places applications. The determination of the planning commission shall be final unless appealed to the city council within ten (10) days of the planning commission decision pursuant to procedures set forth in Section 26-212190.

SECTION 12. Code Amendment. Division 29 (Wireless Telecommunication Facilities in the Public Right-of-way) of Article XII of Chapter 26 shall be relocated to Article X of Chapter 19 with the following change to the section numbers:

Sec. 19-300. Purpose.

Sec. 19-301. Applicability.

Sec. 19-302. Definitions.

Sec. 19-303. Wireless Telecommunications Facility Permit (WTFP) Review Authority.

Sec. 19-304. Wireless Telecommunications Facility Permit Application Submittal Requirements.

Sec. 19-305. Review Procedure.

Sec. 19-306. Design and Development Standards.

Sec. 19-307. Operation and Maintenance Standards.

Sec. 19-308. No Dangerous Condition or Obstructions Allowed.

Sec. 19-309. Nonexclusive Grant; No Possessory Interests.

Sec. 19-310. Permit Expiration; Abandonment of Applications.

Sec. 19-311. Cessation of Use or Abandonment.

Sec. 19-312. Removal and Restoration—Permit Expiration, Revocation or Abandonment.

Sec. 19-313. Effect on Other Ordinances.

Sec. 19-314. State or Federal Law.

Sec. 19-315. Legal Nonconforming Wireless Telecommunications Facilities in the Right-of-Way.

SECTION 13. Code Amendment. Section 19-303(b) of Article X of Chapter 19 shall be amended to read as follows:
(b) Administrative Permit review (“Minor WTFP”) required.

SECTION 14. Code Amendment. Section 19-304(b)(8)e.2. of Article X of Chapter 19 shall be amended to read as follows:

2. Whether and why the proposed wireless facility meets each required finding for a SWF permit as provided in section 12.18.06019-305 (Review Procedure).

SECTION 15. Code Amendment. Section 19-305(d)(1) of Article X of Chapter 19 shall be amended to read as follows:
(1) Major WTFP applications. Any major WTFP application shall require notice and a public hearing. The public hearing notices shall be provided as set forth in section 26-206187 of the West Covina Municipal Code.

SECTION 16. Code Amendment. Section 19-306(a)(2)e. of Article X of Chapter 19 shall be amended to read as follows:
e. Wireless telecommunication facilities shall not be located within the dripline of any tree located on private property as set forth in Section 26-294 (Protection of trees during development activity) 26-259 (Preservation, Protection and Removal of Trees) of this Code.

SECTION 17. Code Amendment. Section 19-306(i) of Article X of Chapter 19 shall be amended to read as follows:
(i) Eligible facilities request design and development standards. Approved eligible facilities requests for which the findings set forth in section 26-685.11500 Section 19-305 have been made are subject to the following, unless modified by the approving authority.

SECTION 18. Code Amendment. Section 24-17 of Article II of Chapter 24 shall be amended to read as follows:

The planting and maintenance of all trees in or upon any street, park, parkway or public place in the city, and the pruning, trimming and removal of the same, shall be at all times subject to the supervision of the director, under the authority of the city council. In the case where the public tree(s) is a significant tree(s), or a heritage tree(s) as defined in section 26-289259 of this Code, or has a caliper of one (1) foot or more measured at four (4) feet six (6) inches above grade, then said tree(s) shall be subject to the tree permit procedure outlined in section 26-293. Except as otherwise provided in Chapter 26, Article VI, Division 8, the director may authorize the removal or pruning by the city or by any other person, as herein provided, of any tree in or upon any street, park, parkway or public place which interferes with the construction work, or the maintenance thereof, or any tree which is dead, or which creates a hazard to the public safety or which does not conform to the type or variety designated for the particular place in which the same is situated.

SECTION 19. Code Amendment. Section 24-18 of Article II of Chapter 24 shall be amended to read as follows:

The director shall develop and maintain a street tree plan as approved by the city council upon the recommendation of the recreation and parks commission including a master list of trees approved for planting in streets and parkways throughout the city. The plan will also include rules and regulations governing the planting, location, spacing and maintenance of the various varieties of the listed trees. The director shall designate the kind and variety of trees to be planted upon any street, park, parkway or public place of the city and the location, spacing and planting procedure to be followed. No person shall plant or install any tree upon any portion of any street, park, parkway or other public place which does not conform to the type, variety, location and spacing designated by the director for that area. Owners of property, however, fronting upon any street for which a type or variety of tree has not been designated by the director, or who are dissatisfied with such designation, may petition the director to designate such type and variety or to change the designation. If said petition would ultimately require the removal of any street tree(s) that has a caliper of one (1) foot or more, and/or qualifies as a significant tree(s) or heritage tree(s) as defined in Chapter 26, section 289259, then approval of the same shall be subject to the tree permit procedures outlined in section 26-293263. If they are dissatisfied with the action of the director, they may appeal to the recreation and parks commission which shall have the authority to change the designation. If they are dissatisfied with any determination rendered on the tree permit, they may appeal in the manner described in section 29326-263(d). Any action of the director or of the commission may be set aside, changed or altered by the city council.

SECTION 20. Code Amendment. Section 24-22 of Article II of Chapter 24 shall be amended to read as follows:

Except as otherwise provided in this article and Chapter 26, Article VI, Division 8, it shall be unlawful for any person to plant, maintain (except watering), or remove any street trees without prior written permission from the director in accordance with section 24-18 and when applicable section 26-293263 I. The director may grant permission subject to the condition that any removed street tree be replaced by a tree in accordance with section 24-18 and when applicable section 26-193I. No such permission shall be valid for a period longer than thirty (30) days after its date of issuance.

SECTION 21. Code Amendment. Section 24-23 of Article II of Chapter 24 shall be amended to read as follows:

The city may require reimbursement from persons responsible for removing or damaging public trees. Reimbursement may include the value of the tree, costs incurred for procurement and replacement, and costs incurred for treatment of such trees. Costs shall be determined by the director. In the case where the removed or damaged public tree is also a significant tree(s) or heritage tree(s) as defined in Chapter 26, section 26- 289259, reimbursement shall be subject to section 26-295265.

SECTION 22. Code Amendment. Section 24-25 of Article II of Chapter 24 shall be amended to read as follows:

During the erection, repair, alteration or removal of any building, house or structure in the city, no person in charge of such work shall leave any tree, in any street, park, parkway or public place of the city in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to such good and sufficient guards or protectors as shall prevent injury to such tree, arising out of or by reason of such erection, repair, alteration or removal. In the case of a significant tree(s), or a heritage tree(s) as defined in Chapter 26, section 289259, or if a tree(s) has a caliper of one (1) foot or more measured at four (4) feet six (6) inches above grade, then said protective measures shall be subject to section 26-294264.

SECTION 23. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of West Covina hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 24. Certification. The City Clerk shall certify passage of this Ordinance and shall cause the same to be published as required by law.

SECTION 25. Effective Date. This Ordinance shall take effect and be in force on the 31st days after the date of its passage. Notwithstanding the effective date of this Ordinance, the increase parkland dedication shall not apply to any tentative map or parcel map until the Ordinance has been in effect for a period of 30 days in accordance with Government Code section 66477.

PASSED, APPROVED AND ADOPTED this ___day of ________, 2024.

Brian Calderón Tabatabai
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2519 was introduced at a regular meeting of the City Council held on the 16th day of January, 2024, and adopted at a regular meeting of the City Council held on the ______ day of ______, 2024, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick
Assistant City Clerk

EXHIBIT A

DEVELOPMENT CODE UPDATE
City of West Covina
Comprehensive Development Code Update: Draft
Chapter 26 Zoning
Prepared by:
[Rincon Consultants, Inc.]
November 2023
1 Table of Contents
Article I Enactment and Applicability........................................................................................................................4 Division 1 Purpose and Applicability of the Development Code ................................................................................4 Division 2 Interpretation of the Development Code ..................................................................................................6 Division 3 Zoning Districts and Zoning Map ...............................................................................................................6 Division 4 Definitions..................................................................................................................................................8 Article II Zones, Allowable Uses, and Development Standards ...............................................................................48 Division 1 Residential Zones (RA, R1, MF-8, MF-15, MF-20, MF-45)........................................................................48 Division 2 Commercial Mixed-Use, Office Mixed-use, and Manufacturing Zones (OPMU, NMU, SMU, RMU, M-1) .........................................................................................................................................................67 Division 3 Special Purpose Zones (O-S, S-P) .............................................................................................................91 Division 4 Overlay Zones (Hillside, Planned Community and Residential Development, Auto Plaza, Animal Keeping) ...................................................................................................................................................94 Article III Regulations Applicable to All Zones.........................................................................................................107 Division 1 General Site Planning and Development Standards..............................................................................107 Division 2 Accessory Structures..............................................................................................................................112 Division 3 Fences, Walls, and Hedges.....................................................................................................................115 Division 4 Screening and Buffering.........................................................................................................................119 Division 5 Landscaping ...........................................................................................................................................120 Division 6 Parking and Loading...............................................................................................................................125 Division 7 Transportation and Air Quality Control Measures.................................................................................142 Division 8 Sign Regulations.....................................................................................................................................145 Article IV Standards for Specific Land Uses.............................................................................................................162 Division 1 Standards for Specific Land Uses...........................................................................................................162 Division 2 Accessory Dwelling Units and Junior Accessory Dwelling Units ............................................................216 Division 3 Affordable Housing and Density Bonus Incentives................................................................................222 Division 4 Urban Dwelling Units.............................................................................................................................229 Division 5 Multi-Unit Dwelling Objective Design Standards...................................................................................233 Division 6 Live-Work Units......................................................................................................................................234 Division 7 Low Barrier Navigation Centers.............................................................................................................234 Article V Nonconformities......................................................................................................................................236 Division 1 General Nonconforming Provisions.......................................................................................................236 Division 2 Nonconforming Parcels..........................................................................................................................238 Division 3 Nonconforming Signs.............................................................................................................................238 Division 4 Nonconforming Structures ....................................................................................................................238 City of West Covina
Development Code Ordinance Update: Draft
2 Division 5 Nonconforming Uses .............................................................................................................................241 Division 6 Abatement and Extension of Nonconforming Uses, Structures and Parcels.........................................242 Article VI Permit Processing Procedures.................................................................................................................243 Division 1 General Provisions.................................................................................................................................243 Division 2 Reasonable Accommodation .................................................................................................................250 Division 3 Precise Plan............................................................................................................................................252 Division 4 Conditional Use Permit..........................................................................................................................255 Division 5 Variances................................................................................................................................................257 Division 6 Administrative Permit............................................................................................................................259 Division 7 Minor Modification................................................................................................................................262 Division 8 Film Permit.............................................................................................................................................263 Division 9 Second Unit Review (Accessory Dwelling Unit) .....................................................................................267 Division 10 Preservation, Protection and Removal of Trees ....................................................................................267 Division 11 Environmental Assessment Guidelines and Procedures........................................................................275 Division 12 Revocation Procedures..........................................................................................................................275 Division 13 Planning Commission Subcommittee for Design ...................................................................................280 Article VII Development Code Administration .........................................................................................................282 Division 1 Amendments..........................................................................................................................................282 Division 2 Administration and Enforcement ..........................................................................................................283 Article VIII Subdivision Regulations..........................................................................................................................285 Division 1 Authority................................................................................................................................................285 Division 2 General Provisions.................................................................................................................................285 Division 3 Tentative Tract Maps.............................................................................................................................293 Division 4 Vesting Tentative Maps .........................................................................................................................295 Division 5 Final Maps..............................................................................................................................................296 Division 6 Tentative Parcel Maps ...........................................................................................................................297 Division 7 Reversions to Acreage............................................................................................................................299 Division 8 Lot Line Adjustments .............................................................................................................................299 Division 9 Lot Merger .............................................................................................................................................300 Division 10 Certificate of Compliance.......................................................................................................................300 Division 11 Parcel Maps for Urban Lot Splits............................................................................................................301 Division 12 Condominium Conversion .....................................................................................................................303 City of West Covina
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3 Chapter 26 Zoning
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4 ARTICLE I. ENACTMENT AND APPLICABILITY
DIVISION 1 PURPOSE AND APPLICABILITY OF THE DEVELOPMENT CODE *NEW* 26-1 Title
Chapter 26 of the West Covina Zoning Code shall be known and officially cited as the “Development Code of West Covina, California” and referred to in this Chapter as “the Development Code.” 26-2 Purpose and Objectives
The Development Code is adopted to implement the City of West Covina General Plan and to protect and promote the health, safety and welfare of West Covina residents. (a) The Intent of this Development Code is:
(1) To guide the physical development of the City in such a manner as to achieve progressively the general arrangement of land uses depicted in the General Plan.
(2) To promote the stability of existing land uses that conform with the General Plan and protect them from inharmonious influences and harmful intrusions.
(3) To foster harmonious, convenient, workable relationship among land uses. (4) To respect the City’s environmental setting and constraints, and meet the needs of the City for adequate public services and infrastructure.
(5) To provide regulations for the logical subdivision of land. (6) To facilitate the appropriate location of community facilities and institutions. (7) To safeguard and improve the appearance of the City. 26-3 Applicability of the Development Code
The Development Code applies to all land uses, structures, subdivisions, and development within the City of West Covina, as follows:
(a) New Land Uses or Structures, Changes to Land Uses or Structures. It shall be unlawful, and a violation of the Development Code for any persons to establish, construct, reconstruct, enlarge, alter or replace any use of land or structure, except in compliance with the requirements of Chapter 26. No building permit or grading permit shall be issued by the City unless the proposed construction conforms to all applicable provisions of this Development Code.
(b) Subdivisions. Any subdivision of land proposed within the City after the effective date of this Development Code shall be consistent with the minimum lot size requirements of the applicable zone by Article II, the City’s subdivision regulations set forth in Article VIII, and all applicable requirements of this Development Code. (c) Minimum Requirements. The provisions of this Development Code shall be minimum requirements for the promotion of public health, safety, and general welfare. When this Development Code provides for discretion on the part of a city official or body, that discretion may be exercised to impose more stringent requirements than set forth in this Development Code, as may be determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and other purposes of the Development Code.
(d) Conflicting Requirements:
(1) Development Code and Municipal Code Provisions. If a conflict occurs between the requirements of this Development Code or between this Development Code, the City of West Covina Municipal Code, other regulations of the City or California State Law, the most restrictive shall apply.

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5 (2) Development Agreements or Specific Plans. If conflicts occur between the requirements of this Development Code and standards adopted as part of any development agreement or applicable specific plan, the requirements of the development agreement or specific plan shall apply. (3) Private Agreements. This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures of land than a private agreement of restriction (eg., CC&Rs), without affecting the applicability of any agreement of restriction.
(e) Other Requirements May Apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulation of any state, or federal agency. 26-4 Relationship to Prior Ordinances
The provisions of this Development Code, as it existed to the effective date of Ordinance No. 1333 are repealed and superseded as provided in the ordinance enacting this Article I. No provision of the Development Code shall validate or legalize any land use or structure established, constructed, or maintained in violation of the Development Code as it existed prior to the repeal by the Development Code enacting this Development Code, except as addressed by nonconformities created by this Development Code.
26-5 Relationship to General Plan
This Development Code is the primary tool used by the City to carry out the goals, objectives, and policies of the General Plan. It is intended that all provisions of this Development Code be consistent with the General Plan and that any development, land use, orsubdivision approved in compliance with these regulations will also be consistent with the General Plan.
26-6 Relationship to Other City Ordinances
(a) The provisions of this title shall not be interpreted to repeal, amend, modify, alter, or change any other code that is not specifically repealed, amended, modified, altered, or changed. (b) Nothing in this title shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, code, or regulation.
(c) Whenever the provisions of this title are different from the provisions of any other ordinance or adopted code, the more restrictive provisions shall apply, except as the same may be superseded by resolution or ordinance. (d) The rights granted by any permit, license, or other approval under any ordinance repealed by this title shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this title.
(e) The provisions of this title are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this title. 26-7 Severability, Partial Invalidation of Development Code If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The City Council hereby declares that this title and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one or more portions of this title may be declared invalid, unconstitutional, or unenforceable.

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6 DIVISION 2 INTERPRETATION OF THE DEVELOPMENT CODE *NEW* 26-8 Purpose
This Division provides rules for resolving questions about the meaning or applicability of any part of this Development Code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this Development Code and the General Plan. 26-9 Procedures for Interpretation
Authority. The Community Development Director or their designee shall have the responsibility and authority to interpret the meaning and applicability of any part of this Development Code. 26-10 Land Uses Not Classified
(a) Uses not listed are not allowed. If a proposed use of land is not specifically listed in Article II, the use shall not be allowed except as provided below:
(b) Director’s determination. Based on the authority granted in 26-9 above, the Community Development Director or their designee may determine that a proposed land use that is not listed in Article II may be allowed. In making this determination, the community development director shall first make all of the following findings:
(1) The characteristics of, and activities associated with the proposed use are equivalent to those of one or more of the uses listed in the zone as allowable, and will not involve a greater level of activity, population density, intensity, traffic congestion, parking, dust, odor, noise, emissions, or similar impacts than the uses classified in the zone;
(2) The proposed use will meet the purpose and/or intent of the zone that is applied to the location of the use; and
(3) The proposed use will be consistent with the goals, objectives, and policies of the General Plan and/or any applicable specific plan or planned development permit. (4) The Decision of the Community Development Director is appealable to the Planning Commission pursuant to the provisions set forth in Article VI, Division 1. All such final determinations shall be recorded in writing to include a finding that the proposed use is substantially similar to uses permitted in the proposed zone and consistent with the intent of the applicable zone.
(c) Applicable standards and permit requirements. Upon the community development director’s determination that a proposed but unclassified land use is equivalent to a listed use, the proposed use will be treated in the same manner as the listed use in determining where the use if allowed, what permits are required, and what additional standards and requirements of this Development Code apply. 26-11 Headings and Illustrations
In the case of conflict between the Development Code text and any diagram, illustration or image contained in the Development Code, the text shall control.

DIVISION 3 ZONING DISTRICTS AND ZONING MAP *NEW*
26-12 Purpose
This section establishes the zoning districts to property within the City and determines how the zoning districts are applied on the zoning map.

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7 26-13 Establishment of Zoning Districts
In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings and to regulate the density of population, the various zones hereinafter named and set forth in this chapter are hereby established. 26-14 Official Zoning Map
The zones established by this chapter and the boundaries of such zones are shown upon a map which is made a part of this title and which is designated as the “Official Zoning Map.” Such zoning map may, for convenience, be divided into parts, and each such part may, for purposes of more readily identifying areas within such zoning map, be subdivided into units, and each such part and unit may be separately used for purposes of amending the zoning map or for any official reference to the zoning map.
26-15 Uncertainty of Zoning District Boundaries
If uncertainty exists as to the boundary of any zone shown on the zoning map, the following rules shall apply:
(a) Street, alley, right-of-way or Lot Lines. If the indicated zone boundaries are approximately street, alley, right-ofway or lot lines, such lines shall be construed to be the boundaries; otherwise such boundaries shall be determined by use of the scale appearing on the zoning map unless specifically indicated by dimensions. (b) Vacated Street or Alley. If a street or alley is officially vacated or abandoned, the zone boundary shall be changed to include such vacated or abandoned street or alley in the same zone as the adjoining property to which it reverts.
(c) Determination by Community Development Director. If there is uncertainty about a zone boundary, the Community Development Director or their designee shall, by written decision, determine the location of the zone boundary.
(d) The Decision of the Community Development Director is appealable to the Planning Commission pursuant to the provisions set forth in Article VI, Division 1. All such final zone boundary determinations shall be recorded in writing.
26-16 Classification of Annexed Parcels
Before property is annexed to the City it shall be pre-zoned to a district that is consistent with the General Plan. If a General Plan land use designation has not been placed upon the property, a general plan amendment will be required to establish a land use designation for the property before the property can be pre-zoned and annexed to the City.

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8 DIVISION 4 DEFINITIONS
26-17 General Definitions
26-18 “A” Definitions
Accessory building or structure. A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located in the same or a less restrictive zone on the same parcel of land with the main building or use. Buildings and/or uses that are attached to the main building or primary use by a common wall less than fifty (50) percent of both structures, may be considered a separate accessory building or structure. A part or the whole of a building or structure, the use of which is subordinate and incidental to the main use and/or structure. Where fifty (50) percent or more of the wall of an accessory building or structure constitutes a common wall with the main building, or where less than fifty (50) percent of the wall of the accessory building or structure constitutes a common wall with the main building but in which wall there is contained an opening that permits direct pedestrian passage from one to the other, then such an accessory building or structure shall be considered a part of the main building.

Accessory dwelling unit shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.

Accessory habitable quarters/guest houses. A permanently constructed habitable quarters, separate from the primary residence, and having no kitchen facilities, which is clearly subordinate or incidental to the primary residence on the same lot. The accessory habitable quarters may include only a sleeping area, living area, and bathroom within an attached or detached accessory structure and for use by guests or occupants of the primary residence. The accessory habitable quarters shall not be separately rented, leased or let (by direct or indirect compensation) or otherwise occupied separately from the primary residence. Accessory habitable quarters were historically known as guest houses. New accessory habitable quarters/guest houses are no longer allowed.

Accessory use. A use of the land or building which is clearly incidental and subordinate to the principal use of the land or building (but which does not alter the main use), both of which uses are located on the same lot and/or within the same building.

Adult cat or adult dog. Any dog cat or cat dog over four (4) months of age.

Adult day care facility means a state-licensed establishment providing care or supervision on less than a 24-hourper-day basis for senior citizens.

Adult oriented business[RELOCATED FROM EX. SECTION 26-685.4200] means adult arcades, adult bookstores, adult cabarets, adult hotels/motels, adult motion picture theaters, adult theaters, sexual encounter centers, modeling studios, and any other business or establishment which offers and/or provides to its patrons merchandise, services or entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, but not including those activities, the regulation of which are preempted or prohibited by state law. “Adult oriented business” shall also include any establishment which, on a regular basis, provides or allows performers, models, or employees to appear in any place in non-opaque clothing, covering, or lingerie or in any opaque covering which is at any time altered to become non-opaque such that specified anatomical areas become visible. For the purposes of this section, emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas is found to be in existence in situations which include, but are not limited to, one (1) or more of the following:
(a) One (1) of the principal purposes of the business or establishment is to operate as an adult oriented business as evidenced by the name, signage, advertising or other public promotion utilized by said establishment. (b) One (1) of the principal purposes of the business or establishment is to operate as an adult oriented business as demonstrated by its services, materials, products or entertainment constituting a substantial or significant portion of total business operations where such services, products or entertainment are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or City of West Covina
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9 specified anatomical areas. As used in this division, the term “distinguished or characterized by an emphasis upon” shall mean and refer to the dominant or essential theme of the object described by such phrases. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon” the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3d 151 (1981). (c) As applied in this division, no business shall be classified as an adult oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America. (d) Adult arcade means an establishment having as one (1) of its principal business purposes, for any form of consideration, one (1) or more still or motion picture projectors, or similar machines show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(e) Adult bookstore means an establishment having as one (1) of its principal business purposes the display and/or distribution of adult merchandise, books, periodicals, magazines, photographs, drawings, sculpture, motion pictures, films, or videos, or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activity or specified anatomical areas. (f) Adult cabaret means a nightclub, restaurant, or similar business establishment which: (1) regularly features live entertainment as defined herein; and/or (2) which regularly features persons who display specified anatomical areas; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (g) Adult hotel/motel means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period. (h) Adult merchandise means sexually oriented implements and paraphernalia, such as, but not limited to: dildo, auto suck, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices. (i) Adult motion picture theater means an establishment having as one of its principal business purposes, the showing of, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (j) Adult oriented material means any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, CD-ROM, laser disk, DVD, flash drives, steaming subscriptions, or other visual representation distinguished or characterized by an emphasis upon the depiction or description of specified sexual activity or specified anatomical areas.
(k) Adult theater means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features, as one of its principal business purposes, live performances which are distinguished or characterized by an emphasis on the display of specified sexual activities or specified anatomical areas.
(l) Business permit, adult-oriented means a permit validly issued by the City of West Covina to operate an adult oriented business.

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10 (m) Employee, adult-oriented means any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. “Employee” does not include a person exclusively on the premises for repair or perform maintenance of the premises or for the delivery of goods to the premises. (n) Establishment of an adult oriented business means:
(1) The opening or commencement of any adult oriented business as a new business; (2) The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business, as defined;
(3) The addition of any adult oriented business to any existing business or an existing adult oriented business; (4) The relocation of any adult oriented business;
(5) A change in twenty-five (25) percent or more of the ownership of an existing adult oriented business. (o) Existing adult-oriented business means a business that has been in operation within the past six (6) months. An adult oriented business shall only be considered an existing business if it has been in operation as an adult oriented business within the past six (6) months.
(p) Individual viewing area means any area designed for occupancy of only one (1) person at any time for the purpose of viewing live performances, pictures, movies, videos, or other presentations. (q) Live entertainment, adult oriented means any display or performance by a human being which is characterized by an emphasis on specified sexual activities or specified anatomical areas. (r) Modeling studio, adult-oriented means an establishment having as one of its principal business purposes, provides, for any form of compensation, models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.
(s) Nudity or nude means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.
(t) Operator, adult-oriented means any person who causes an adult oriented business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated an adult oriented business whether or not that person is an owner, part owner, or permittee of the business. (u) Owner or manager, adult -oriented means any person who operates, owns, or otherwise has control over an adult oriented business.
(v) Performer or adult oriented business performer means any dancer, model, entertainer, or other person who publicly performs specified sexual activities or publicly displays specified anatomical areas, or otherwise engages in performances distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
(w) Adult-oriented performer permit means a permit validly issued by the City of West Covina for a person to work as an adult oriented business performer within the City of West Covina. (x) Adult-oriented permittee means a person in whose name a permit to operate an adult oriented business has been issued, including the individual or individuals listed as an applicant on the application for an adult oriented business permit. In the case of a performer, it means the person in whose name the adult oriented performer City of West Covina
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11 permit has been issued. “Permittee” shall include the permittee’s employees, agents, partners, directors, officers, shareholders or managers.
(y) Premises, adult-oriented means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the permittee, as described in the application for a sexually oriented business permit. (z) Principal adult-oriented business purpose means that the establishment:
(1) Has a substantial portion of its displayed merchandise which consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas; (2) Has a substantial portion of the wholesale value of its displayed merchandise which consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;
(3) Has a substantial portion of the retail value of its displayed merchandise which consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas; (4) Derives a substantial portion of its revenues from the sale or rental, for any form of consideration of live performances, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;
(5) Maintains a substantial section of its net floor area for the sale or rental of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas; or (6) Regularly features live performances, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas; and prohibits access by minors, by reason of age, to its premises, and regularly advertises, on signage visible from a public right-of-way, as providing items that the advertising describes using the term “adult,” “xxx,” “triple-x,” “x-rated,” “erotic,” “sexual,” or a term or terms with similar import.
(aa) Sexual encounter center means any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purposes of engaging in specified sexual activities or exposing specified anatomical areas.
(bb) Specified anatomical areas means:
(1) Less than completely and opaquely covered human genitals; pubic region; buttock; or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (cc) Specified sexual activities means:

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12 (1) The exposure, display or depiction of human genitals in a state of sexual stimulation or arousal; (2) Acts of sexual intercourse, human masturbation, sexual stimulation or arousal; or (3) Fondling or other erotic touching of one’s own or another(s)’ body/bodies, human genitals, pubic region, buttock, or female breast whether covered or not.
(dd) Specified criminal activity means any of the following specified crimes:
(1) Rape, child molestation, sexual assault, sexual battery, aggravated sexual assault, aggravated sexual battery, or public indecency;
(2) Prostitution, keeping a place of prostitution, pimping, or pandering; (3) Obscenity, disseminating or displaying matter harmful to a minor, or use of child in sexual performance; (4) Any offense related to any sexually-oriented business, including controlled substance offenses, tax violations, racketeering, crimes involving sex, crimes involving prostitution, or crimes involving obscenity; (5) Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses; or (6) Any offense in another jurisdiction that, had the predicate act(s) been committed in California, would have constituted any of the foregoing offenses.
(ee) Substantial means at least twenty-five (25) percent.

Advisory Agency. The Planning Commission is hereby designated as the advisory agency referred to in the Subdivision Map Act. As such, it will be charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, and having the authority to approve, conditionally approve or disapprove tentative maps of subdivisions.

Aircraft. A device that is used or intended to be used for flight in the air, including, but not limited to hang gliders, motorized hang gliders, ultralights, hot-air balloons, planes and helicopters.

Alley. A public or private right-of-way less than forty (40) feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway.

Allowable building area. That site area not included in the required front, side or rear setbacks. See “Floor area Ratio.”
Amendment. A change in the wording, content orsubstance of this chapter, or a change in the zone boundaries upon the zoning map, a part of this chapter, when adopted by the City Council in the manner prescribed by law.

Appeal board. The City Council is hereby designated as the “appeal board” referred to in the Subdivision Map Act, with all the functions and powers thereof.

Applicant means a person who has applied for, but not obtained any license, permit, certification, or renewal.

Areas of undue concentration. A census tract (as defined by Section 23958.4 of the California Business and Professions Code.) where an undue concentration in the number of alcohol licenses exists as determined by the department of alcoholic beverage control (ABC).

Arborist. [RELOCATED FROM EX. SECTION 26-689] A person who is a California Certified Arborist; a person accredited by the International Society of Arboriculture in California.

Architectural extension. A tower, or other tall element that extends beyond the roof of a building for the sole purpose of serving as an architectural or aesthetic feature.

Architectural lighting. Any arrangement, other than signage, of lighting to outline or highlight certain features such as the shape of a building or the decoration of a wall or window.

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13 Athletic club. A site containing two (2) or more indoor or outdoor facilities such as gymnasiums, racquetball courts, and swimming pools, which devotes less than ten (10) percent of its building floor area to massage or bathhouse activities (also called health spa).

Attic. The space between a pitched roof and ceiling of the highest floor of the house.

Automaker shall mean a company that manufactures cars.

Automobile wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Awning. A structure of malleable material which is designed to provide shelter and is attached to the underlying permanent structure.
26-19 “B” Definitions
Bachelor apartment. One (1) room and bath, without cooking facilities, in a multiple dwelling.

Basement. That portion of a building where perimeter walls and floor are completely below adjacent grade except for six (6) inches of wall as measured from the bottom of the sole to the bottom plate. That portion of the building below the first story of the building except that a basement, The basement, when designed for, or occupied for business, manufacturing, or for dwelling purposes (subterranean garages exempted), shall be considered a story.

Bedroom. A bedroom is a room used for sleeping purposes that is separable from other rooms by walls with a door and/or an opening/doorway less than 5 feet in width whether designated as a bedroom or den, study, library, bonus room, media room, or other similar term. A kitchen, hall, powder room, pantry, kitchen nook, laundry room, garage, and bathroom shall be specifically excluded, without limitations.

Billiards. [RELOCATED FROM EX. SECTION 26-685.2] Billiard and pool games shall mean any of the several games on a table (including those coin-operated), surrounded by an elastic ledge or cushions, with balls which are intended to be propelled by cues.

Billiard parlor, main use. [RELOCATED FROM EX. SECTION 26-685.2] Any place containing billiard tables not as an accessory to a main use.

Billiard parlor, accessory use. [RELOCATED FROM EX. SECTION 26-685.2] A use accessory to a main use, containing four (4) or more billiard tables and no more than 10 percent of the total floor area available for customer assembly and/or dining.

Block. All property fronting upon one (1) side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus or dead-end street, or city boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

Body piercing. The business of perforating the skin using a needle or otherwise, so as to produce a piercing on the cartilaginous part of the ear or any part of the body.

Box size. The size of a tree’s container when sold, if boxed.

Building. Any structure having a roof built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind; but excluding all forms of vehicles even though immobilized. Where this chapter requires, or where special authority granted pursuant to this chapter requires, that a use shall be entirely enclosed within a building, this definition shall be qualified by adding “and enclosed on all sides.” Building, Enclosed. A Building enclosed on all sides.

Building coverage. The area of a lot covered by buildings or other roofed structures, including any eaves extending more than two (2) feet beyond any support structure. Permeable roof materials (e.g., lattice-work) covering two hundred (200) square feet or less will not be included in the lot coverage calculation.

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Development Code Ordinance Update: Draft
14 Building frontage. Thatside of a building which containsthe main entrance for pedestrian ingress and egress. If more than one (1) main entrance exists, the one that most nearly faces or is oriented to the street of highest classification as portrayed on the current master plan of streets and highways shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.

Building height. The vertical distance measured from any the highest point of the roof structure to the lowest adjacent finished “grade” directly below said point of the same structure, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances,. and/or the necessary depth needed to accommodate subterranean parking in commercial and multiple family residential zones.

Figure 1-1 Measuring Building Height *NEW*
Building identification sign. A sign or signs which portray, through the use of words or symbols, the identifying name assigned to the building by the owner thereof.

Building line. A line running parallel to a lot line, that is the same distance from the lot line as the closest portion of a building on the site.

Figure 1-2 Building Lines *NEW*
City of West Covina
Development Code Ordinance Update: Draft
15 Building site shall mean:
(a) The ground area of one (1) lot or parcel, or
(b) The ground area of two (2) or more lots or parcels when used in combination for a building or permitted group of buildings, together with all open spaces as required by this chapter.

Business or commerce. The purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises; or the maintenance and use of offices,structures and premises by professions and trades rendering services.
26-20 “C” Definitions
Cannabis shall have the same definition as that set forth in California Health and Safety Code section 11018. (a) Medical cannabis shall mean cannabis used for medical purposes in accordance with California Health and Safety Code section 11362.5.
(b) Cannabis cultivation shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Canopy structure. A sheet of flexible material, fabric or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood or plastic or any other similar material. Canopy structures may be used as tents or to provide shelter or covering for storage of automobiles, boats, recreational vehicles, or other similar uses. Canopy structures include but are not limited to, prefabricated canopies ready-made for simple assembly, and canopies which are built, constructed or composed of parts joined together in some definite manner, but excludes awnings attached to buildings and temporary coverings used to protect property during government-ordered aerial sprayings.

Caliper. [RELOCATED FROM EX. SECTION 26-689] A The maximum diameter of the trunk of a tree measured at fourand-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) feet above grade.

Car dealership shall mean a dealership selling new vehicles that has obtained permission and authority to sell vehicles as a direct agent of a major automaker.

City of West Covina
Development Code Ordinance Update: Draft
16 Carport. A shelter for an automobile consisting of a roof; with or without walls, but not containing a door.

Child day care facility. A facility, licensed by the State of California, which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four-hour basis. Child day care facilities include day care centers, and family day care home.

Club, nonprofit. An association of persons for some common nonprofit purpose but not including groups organized primarily to render a service which is customarily carried on as a business. The serving of alcohol in conjunction with a club shall be permitted only when the use is as defined in Section 23428.9 of the California Business and Professions Code.

Commercial cannabis activity includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of: 1) cannabis and cannabis products, including medical cannabis, medical cannabis and medical cannabis products within the meaning of California Business and Professions Code Section 26000, et seq., and 2) Adult-use cannabis, cannabis products and,, cannabis and cannabis products, except for personal cultivation as permitted in Section 26-113 of the West Covina Development Code. (a) Cannabis dispensary means a premises where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale.
(b) Cannabis transport dispensary means any person or entity that transports or offers to transport cannabis in any vehicle or by any other means. A person who is transporting cannabis to a qualified patient for whom he or she is the primary caregiver shall not be a “cannabis transport business.” (c) Primary caregiver, cannabis is an individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person as is further defined in California Health and Safety Code section 11362.7. (d) Qualified cannabis patient is a person who is entitled to the protections of the California Health and Safety Code section 11362.7, inclusive of a person with an identification card as that term is defined in California Health and Safety Code section 22362.7.

Commission. The Planning Commission of the City.

Community Development Director. The Community Development Director, or their designee.

Composting. [RELOCATED FROM EX. SECTION 26-685.91] A method of waste treatment in which organic solid wastes are biologically decomposed under controlled, aerobic or anaerobic conditions.

Computer game/internet access centers. [RELOCATED FROM EX. SECTION 26-685.2] Any place of business providing one (1) or more computers for public use for the purpose of playing computer games, accessing the internet, or other computer use as a main use or as a secondary or incidental to another use. For the purpose of the chapter, government facilities providing computers for public use shall not be considered as computer game/internet access centers.

Convalescent home. An institution where nursing, dietary and other personal services are rendered to convalescents, but excluding mental cases and cases of contagious or communicable diseases and excluding surgery or primary treatment. Convalescents are persons who are gradually recovering health after an illness; or persons requiring post-operative attention.

Coordinated entry system. A centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

City of West Covina
Development Code Ordinance Update: Draft
17 Court. Any portion of the interior of a lot or building site which is wholly or partially surrounded by buildings, and which is not a required front, side or rear yard.
26-21 “D” Definitions
Dance, cabaret. Any dance or dancing held or engaged in at any place or premises licensed by the state to sell, serve or dispense intoxicating liquor for consumption in or at such place or premises.

Dance or dancing schools. The teaching of dancing in any room or building where food is not served as a normal part of its operation and the hours of operation do not extend beyond 10:00 p.m.

Day care center. Any child day care facility, licensed by the State of California, other than a family day care home, and includes infant care centers, preschools, and extended day care facilities.

Decorative block. Masonry units having significant texture, scoring and/or clay faces.

Dedication. A conveyance of land from the private to the public interest for public use pursuant to a request for approval of a final map.

Density. The number of residential units per net acre of land.

Development activity. [RELOCATED FROM EX. SECTION 26-689] The work done pursuant to a development proposal approved by the City.

Development application. [RELOCATED FROM EX. SECTION 26-689] 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.

Division. Synonymous with the term “subdivision” as used in Article VIII.

Dog-proof fence. A fence six (6) feet high of heavy gauge chain link, masonry block, or comparable weatherproof material, or a combination thereof, with a footing which is at least four (4) inches wide and twelve (12) inches deep, below grade.

Donation drop boxes. [RELOCATED FROM EX. SECTION 26-685.91] A Any metal, plastic, cardboard or wooden box, bin, container, trailer, accessory structure, or similar facility located outside of an enclosed building or in a parking lot or public place, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated items, including household goods and clothing. The term “donation drop box” does not include any such box located inside of a building or structure.

Dripline. [RELOCATED FROM EX. SECTION 26-689] 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.

Drive-through facility. Any establishment which is designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating and drinking establishments, pharmacies and other commercial uses.

Driveway. A paved area for access to an approved parking area or for parking of vehicles. (a) A “primary driveway” shall be defined as that area providing direct access from the street to a garage, carport, or required parking space(s). No driveway established prior to June 1, 1991, by permit, shall be considered nonconforming.
(b) A “secondary driveway” shall be defined as that area providing direct access to a fully-screened side or rear yard area for the purpose of parking or storing recreational vehicles, recreational equipment and trailers, and/or utility trailers.

City of West Covina
Development Code Ordinance Update: Draft
18 Dwelling. A building or portion thereof designed and used exclusively for residential purposes and occupancy, with exception of permitted home occupations, including single family, and multiple dwellings, butshall not include hotels or motels.
(a) Dwelling unit. One (1) or more roomsin a dwelling or apartment house designed for occupancy by one (1) family or similar household unit for living or sleeping purposes, and having only one (1) kitchen. (b) Dwelling, single-family. A detached building designed exclusively for occupancy by one (1) family or similar household unit and containing one (1) dwelling unit.
(c) Dwelling, multiple. A cluster of attached or detached dwelling units. (1) Apartment. A room or group of rooms that is designed, used or intended to be used as a single-family unit and is located in a multiple-family dwelling.
(2) Attached townhouse. Two or more single-family dwelling units connected by common walls along the sides with either shared or unshared foundations.
(3) Condominium. The ownership of single units in a multi-unit project with common elements. 26-22 “E” Definitions
Eating place, bona fide. An eating place as defined in Section 23038 of the California Business and Professions Code.

Efficiency units. Also known as single-room occupancy (SRO) residential hotels. A facility that contains five (5) of more guestrooms containing no more than four hundred (400) square feet of habitable space.

Emergency shelters (homeless). A facility that provides immediate and short-term housing, limited to occupancy of six (6) months or less, to homeless persons or families on a first-come, firstserve basis. The facility may offer minimal supplemental group services that may include counseling, food, and access to social programs. No individual or household may be denied emergency shelter because of an inability to pay (consistent with Section 50801(e) of the California Health and Safety Code).

Employee Housing. Employee Housing refers to housing that accommodated six (6) or fewer employees, as defined by Health and Safety Code section 17021.5.

Encroach. To extend beyond the allowed limits.

Entertainment, live (in conjunction with a commercial use). Any performance conducted in conjunction with and accessory to a commercial use including, but not limited to, live bands or performances, public singing (for karaoke, see separate definition), and similar activities.
26-23 “F” Definitions
Family. Family means one or more persons, related or unrelated, living together as a single household in a dwelling unit. Family means an individual or group of individuals, related or unrelated, living together as a single housekeeping unit, including necessary servants. A family does not include institutional group living situations such as a residential facility, rest home, dormitory, or similar use, nor does it include such commercial group living arrangements such as a roominghouse, motel, hotel, or similar uses.

Family child care home. A home, licensed by the State of California, which regularly provides care, protection and supervision of children, in the provider’s own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and includes the following:
(a) Large family child care home means a home that provides family child care for up to twelve (12) children, or for up to fourteen (14) children if certain requirements are met per State law. (b) Small family child care home means a home which that provides family child care for up to six (6) children, or for up to eight (8) children if certain requirements are met per State law.

City of West Covina
Development Code Ordinance Update: Draft
19 Farmworker. An agricultural employee engaged in agricultural work or farming and any practices performed on a farm in conjunction with farming including the cultivation and tillage of soil, raising of animals and the preparation of agricultural products for market and or to carriers for transportation to market.

Farmworker Housing. Farmworker (agricultural) housing is a residential use of one or more single or multi-family dwelling units and accessory dwellings of the same type and in the same zone, and/or group quarters structures with common dining area.

Flag Lot. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than twenty (20) feet in width at any point connecting the main building site area to the frontage street.

Floor area. The square footage of lot areas under solid roof within the surrounding exterior walls of a building, including, but not limited to, habitable attics, basements, lofts, enclosed patios, and sunrooms.

Floor area ratio (FAR). The total gross floor area included within the surrounding exterior walls of all buildings on a lot divided by the net lot area of the subject property. Underground and above-grade parking structures shall not be included in the FAR calculations for commercial and/or multifamily residential development. Parking structures/garages on properties developed with a single-family residential use exceeding 650 square feet shall be included in the FAR calculations.

Frontage. Same definition as Building Frontage.

Front façade. One or more exterior sides of a primary structure, not screened by a solid six (6) foot tall fence/wall, that face the front property line.

Fund-raising events.
(a) Noncommercial purpose as used herein shall mean the stated purpose of a nonprofit organization as defined in the Internal Revenue Code Section 501(c) [a public entity raising money for an authorized program or purpose]. (b) Participants as used herein means an individual household, group, family or organization who will pledge or donate any and all proceeds and profits from the sale of such goods to the noncommercial purpose and does not include participants selling such goods for a commercial or personal purpose or profit. (c) Sales events as used herein means the indoor or outdoor sale of items which are made or owned by the project sponsors or participants including but not limited to art work, crafts, baked goods, jewelry, quilts, clothing, potted plants, macrame, toys, games, novelties, and knick-knacks for a noncommercial purpose. (d) Swap meets means “swap meets” as defined in the Business and Professions Code Section 21661 are prohibited in any zone.
26-24 “G” Definitions
Game arcade, main use. [RELOCATED FROM EX. SECTION 26-685.2] Any place of business containing one (1) or more games of skill or science not as an accessory to a main use.

Game arcade, accessory use. [RELOCATED FROM EX. SECTION 26-685.2] A use accessory to a main use, containing four (4) or more coin-operated games of skill or science.

Garage, private. An accessory building or an accessory portion of the main building designed or used only for the shelter orstorage of vehicles owned or operated by the occupants of the main building, having three (3) walls, a roof and a door.

Garage, public. A building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale.

City of West Covina
Development Code Ordinance Update: Draft
20 Garage, subterranean. A garage which is a portion of the main structure and so located that (a) all sides but the side which has the main entrance are enclosed by finished grades which are parallel to the garage ceiling and (b) the main entrance is not visible from a street.

Garbage. Every refuse accumulation of animal, fruit, vegetable or other putrescible matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowls, fruit, vegetables or grains. See also “solid waste.”
General Plan. The official statement of the City Council of the City of West Covina which sets forth its major longrange policies concerning desirable future physical development of the City.

Grade, average. The average of the finished grade at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, the average grade shall be measured at the sidewalk.

Grade, existing. The surface of the ground as it exists prior to disturbance in preparation for a project regulated by this chapter.

Grade, finished. The manufactured surface of the ground as it exists after the completion of a project regulated by this chapter.

Grand opening event. A promotional event held for the purpose of advertising the original opening of a business, a reopening after closure, change in business name, or change in ownership, and completed within six (6) months of that opening or change.

Gross floor area. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of:
(a) Shaft enclosure.
(b) Courts.
(c) Floor area space devoted entirely to heavy mechanical equipment (e.g., air conditioning unit). (d) Public restrooms.
(e) Janitorial equipment room.
(f) Any other facility common to a central service core.

Group home. A group home shall mean any residential care facility for six (6) or fewer persons who are mentally disordered or otherwise handicapped or supervised. A group home must be licensed by the State under the provisions set forth in Chapter 2 of Division 2 of the California Health and Safety Code. Group home does not include any facility for wards of the juvenile court.

Gymnasium. A room or building equipped for physical training, sports or exercise that may include accessories such as locker rooms and showers.
26-25 “H” Definitions
Hardscape means any durable, pervious or imperious surface material, including paving for pedestrians and vehicles.

Health and Beauty Spas (Also known as Day spas). Bathhouse. A business that provides a variety of services for the purpose of improving health, beauty, and relaxation through personal care treatments such as massages, facials, body wraps, manicures/pedicures, saunas, steam rooms, or other relaxation treatments. (a) Esthetician mean a person trained to administer facials, advise customers on makeup and the care of skin and hair and other cosmetic and maintenance procedures.
(b) Health officer means the county health officer or any other person exercising the duties of health officer of the City.

City of West Covina
Development Code Ordinance Update: Draft
21 (c) License, health and beauty means the license to operate a health and beauty spa as required by the Development Code.
(d) License authority, health and beauty spa means the police chief or his/her designee charged with the administration of health and beauty spas.
(e) Massage means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibration, manipulating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or other appliance or device, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or similar preparations.
(f) Massage technician means any person who administers massage to another person for any consideration whatsoever. “Massage technician” shall include masseur and masseuse. (g) Outcall service means the engaging in, conducting or carrying on of any massage or health and beauty spa service for consideration at a location other than a massage parlor or health and beauty spa which has been licensed pursuant to this article.
(h) Permit, health and beauty spa means the permit to engage in the activities of a massage technician or esthetician or health and beauty spa employee as required by this article. (i) Recognized school of massage means any school or institution of learning which has been approved by the superintendent of public instruction of this state pursuant to Education Code Section 94300 et seq., and California Administrative Code, Title 5, Section 18823 et seq. or any successor statute or regulation. Any school or institution of learning offering or allowing courses of a massage technician not approved by the superintendent of public instruction shall not be deemed a recognized school of message.

Heritage tree. [RELOCATED FROM EX. SECTION 26-689] Any trees identified as such by the Planning Commission resolution upon the commission findings that the tree or group of trees:
(a) Is of historical value because of its association with a place, building, natural feature, or an event of local, regional, or national historic significance;
(b) Is identified on any historic or cultural resources survey as a significant feature of a landmark, historic site, or historic district;
(c) Is representative of a significant period of the City’s development; or (d) 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.

Heritage tree [RELOCATED FROM EX. SECTION 26-689] shall also mean any of the Southern California black walnut tree species (Juglans californica), located in the San Jose Hills as found within West Covina’s jurisdictional boundaries. (a) 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. (b) 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.

Hillside areas means those areas which form the complex of hilly topography commonly known as the San Jose Hills, and are so designated on the City’s zoning map.

Home occupation. An accessory use or activity of a business nature conducted on residential property by the occupant(s) of the residence. A home occupation shall be clearly incidental and secondary to the primary residential use of the property and shall not change the residential character of said property or adversely affect the residential neighborhood within which it is located.

City of West Covina
Development Code Ordinance Update: Draft
22 Hospital, animal. An establishment in which veterinary services, clipping, bathing, boarding, and other services are rendered to dogs, cats, and other animals.

Hospital and sanitarium. An institution specializing in giving clinical, temporary and emergency services of a medical or a surgical nature to injured persons and patients other than persons suffering from a mental sickness, mental disease, mental disorder or mental ailment.

Hospital, mental. An institution licensed by state agencies under provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders but not licensed to provide facilities and services in surgery, obstetrics and general medical practice. Establishments limiting services to juveniles below the age of five (5) years, and establishments housing and caring for cases of cerebral palsy are specifically excluded from this definition.

Hotel. A building where lodging in sleeping units or suites is available to the transient public and is provided with or without meals for compensation, all for the temporary use of a transient individual who remains as a guest of such establishment less than thirty (30) days, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under a legal restraint.
26-26 “I” Definitions
Indoor multi-tenant retail center and indoor swap meet. An indoor commercial area used to accommodate multiple vendors and/or multiple sales areas offering a variety of goods and/or services for sale wherein said sales areas are separated and/or distinguished from one another by means of (1) partitions, screens, walls, barriers, or similar physical devices; and/or (2) different business or sub-business names or other forms of identification as displayed on signs and/or as indicated on sales receipts.

Institution. An establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational or similar services to the public, groups, or individuals.
26-27 “J” Definitions
Junior accessory dwelling unit shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.
26-28 “K” Definitions
Karaoke. A use whereby a song act is performed or participated in by one (1) or more persons when accompanied by audio and/or visual devices. Karaoke entertainment shall be permitted only when in conjunction with a bona fide eating place and when conducted in the main dining area or in an accessory lounge area open to the general public.

Kennel, boarding. Any lot, building, structure, enclosure or premises whereupon or wherein are kept seven or more dogs, cats, or similar small animals in any combination, whether such keeping is for pleasure, profit, breeding, or exhibiting, and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale, or kept for hire.

Kennel, hobby. The owning, keeping or harboring for show or breeding purposes of four (4) or more adult dogs or five (5) or more adult cats maintained on the same lot and incidental to the occupancy of the lot for residential purposes, but shall exclude boarding kennels.

Kiosk. A small structure with one or more open sides that is used to vend or sale merchandise or other services.

Kitchen. Any room or any portion of a dwelling unit, guest house or accessory living quarter used, intended or designed to be used for cooking and/or preparing food, including but not limited to counter space, sink(s), microwave ovens, hot plates, refrigeration, and/or wet bars.

City of West Covina
Development Code Ordinance Update: Draft
23 Kitchen, efficiency. Limited kitchen facilities which contains a sink, food preparation counter, food storage cabinet, and electric circuitry for common kitchen appliances.
26-29 “L” Definitions
Landfill. A facility located within California that is permitted by CalRecycle to accept and bury solid waste from jurisdictions within and outside of California.

Landscape means an area planted with vegetative materials, such as lawns, shrubs, flowers, trees, drought tolerant groundcover, or plants.

Landscape/vegetation, live means plant matter, including trees, shrubs and ground cover.

Legislative Body. The City Council is hereby designated as the legislative body referred to in the Subdivision Map Act. As such, it will be charged with approval or disapproval of final and parcel maps.

Lot as used in this chapter does not mean or include a condominium, but does include:
(a) A parcel of real property when shown as a delineated parcel of land with a number or other designation on a plat recorded in the office of the county recorder; or
(b) A parcel of land, the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the subdivision map act of the state in the office of the county recorder; (c) A parcel of real property not delineated as in (a) or (b) above and containing not less than the prescribed minimum square footage required in the zone in which it islocated and which abuts at least one (1) public street, an alley or a private easement determined by the commission to be adequate for purposes of access from a street, and provided further that before building improvements are erected upon such a lot or parcel the private easement right-of-way shall be improved to a standard not less than that defined by the city’s specifications for a local street;
(d) A parcel of land registered under the Land Title Law (Torrens Title), and held under separate ownership from adjacent property on the effective date of this chapter.

Lot area or parcel area. The total horizontal area within the boundary lines of a lot or parcel.

Lot area, net. The lot/parcel area, excluding any public or private access easements such as an alley, highway, street, parkway, or similar right-of-way, or a private driveway serving another property, excluding the flag-strip portion of any lot necessary for vehicle ingress/egress access, and excluding above-ground easements for paved flood control channels not available for use by the property owner.

Lot, corner. A lot situated at the intersection of two (2) or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees.

Lot depth. The horizontal length of a straight line drawn from the midpoint of the front lot line and at right angles to such line connecting with a line intersecting the midpoint of the rear lot line and parallel to the front lot line. In the case of a lot having a curved front line the front lot line, for purposes of this section, shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line.

Lot, flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than twenty (20) feet in width at any point connecting the main building site area to the frontage street.

Lot, hairpin. A lot having frontage on a single street comprising more than fifty (50) percent of the total perimeter of the lot.

Lot, interior. A lot other than a corner lot, reversed corner lot, hairpin lot, or through lot with a frontage on only one street.

City of West Covina
Development Code Ordinance Update: Draft
24 Lot, key. The first lot to the rear of a reversed corner lot and whether or not separated by an alley.

Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

Lot line, rear. A lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two (2) or more lines, the following shall apply:
(a) For a triangular or irregular lot, a line ten (10) feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line; (b) In the case of a trapezoidal lot the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line; or
(c) In the case of a pentagonal lot the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

Lot line, side. Any lot boundary line not a front lot line or a rear lot line.

Lot, reversed corner. A corner lot, where the rear of such corner lot abuts the side of another corner lot.

Lot, through. A lot having frontage on two (2) parallel or approximately parallel streets.

Figure 1-3 Lots *NEW*
Lot width, average. The width of the lot as measured from a line drawn perpendicular to a line connecting the midpoints of the front and rear property lines and intersecting the line at a point located one-third the length of the line from the front property line. The horizontal distance between the side lot lines measured at right angles to the line comprising the depth of the lot at a point midway between the front and rear lot lines.

Low-and moderate-income and senior citizen housing. [RELOCATED FROM EX. 26-677] (a) Affordable housing costs. Monthly housing expenses expressed as a proportion of gross monthly income that can be reasonably allocated for this purpose. Housing costs for rental dwelling units shall include (1) monthly rent, and (2) a reasonable allowance for utilities. Housing costs for “for-sale” dwelling units shall include the sum of the actual or projected monthly payments for (1) principal and interest on a mortgage loan, including City of West Covina
Development Code Ordinance Update: Draft
25 any loan insurance fees, (2) property taxes and assessments, (3) fire and casualty insurance, (4) property maintenance and repairs, (5) homeowners association fees (if any), and (6) a reasonable allowance for utilities.

For households of the following income levels, affordable housing costs shall not exceed the following limits:
(1) Very low income households: Thirty (30) percent of fifty (50) percent of the area median income for Los Angeles County, adjusted for household size, divided by twelve (12). (2) Lower-income households: Thirty (30) percent of seventy (70) percent of the area median income for Los Angeles County, adjusted for household size, divided by twelve (12). (3) Moderate-income households: Thirty-five (35) percent of one hundred ten (110) percent of the area median income for Los Angeles County, divided by twelve (12).
(b) Affordable sales price. A sales price at which very low income and lower-income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the housing development.
(c) Affordable unit. A dwelling unit within a residential development which will be reserved for sale or rent to very low, low, or moderate-income households at an affordable sales price or affordable rents in a manner to qualify the residential development for a density bonus under this chapter. (d) Area median income. Area median income for Los Angeles County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision. (e) Common interest development. Housing that qualifies as a common interest development under Civil Code Section 1551, such as condominiums and housing cooperatives, provided that all units in the development are offered to the public for purchase.
(f) Concession, incentive or waiver means one of the following for a housing development with a density bonus:
(1) A concession is a modification or deviation from a development standards (setbacks, lot coverage, open space and/or objective development standard in the Objective Development Standards document. The number of concessions granted for a development shall be subject to CGC 65915, as amended. (2) A waiver is a modification for only objective development standards that results in an identifiable, financial sufficient and actual cost reduction of the housing development. A waiver cannot be requested for a codified development standard. Only waivers from objective development standards may be permitted. (3) Other regulatory incentives or concessions proposed by the developer or the city that result in an identifiable, financially sufficient and actual cost reduction of the housing development. (g) Density bonus. A density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density, as defined in Government Code Section 65915(f). (h) Density bonus housing agreement. A legally binding agreement between a developer and the City of West Covina and/or the City of West Covina redevelopment agency to ensure that the requirements of this division are satisfied. The agreement, among other things, shall establish (1) the number, size, and location of target units, (2) terms and conditions of affordability, and (3) production schedule. (i) Density bonus units. Units that are built due to a grant of a density bonus and which exceed the otherwise maximum allowable residential density for the development site. (j) Eligible household. A household that satisfies the size and income requirements applicable to an affordable unit. (k) Eligible housing development. A development project for five (5) or more residential units; a project to substantially rehabilitate and convert an existing commercial building to residential use; or the substantial rehabilitation of an existing multifamily dwelling as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would create a net increase in residential units.

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26 (l) Lower-income household. Households whose income does not exceed the lower-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. (m) Incentives, additional. Incentives granted in addition to the incentives required to be granted pursuant to Government Code Section 65915(b).
(n) Mandating operating period. A period of at least thirty (30) years during which the affordable units, the qualified childcare facility, or the senior citizen housing development is operated in accordance with the requirements of state law and this chapter.
(o) Moderate income household. Households whose income does exceed the moderate income limits applicable to the Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093. (p) Senior citizen housing development. A housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq., including 12955.9 in particular), which has been “designed to meet the physical and social needs of senior citizens,” and which otherwise qualifies as “housing for older persons” as that phrase is used in the Federal Fair Housing Amendments Act (42 U.S.C. § 3607(b)) and implementing regulations and as that phrase is used in California Civil Code Sections 51.2 and 51.3. (q) Specific adverse impact. A “specific adverse impact” as defined in Government Code Section 65589.5. (r) State law. California Government Code Sections 65915 through 65918. (s) Substantial rehabilitation. The rehabilitation of dwelling units including correction of code violations, Title 24 upgrades, seismic rehabilitation (where appropriate) and accessibility upgrades such that the units is returned to the City’s housing supply as decent, safe and sanitary housing. The minimum cost threshold for substantial rehabilitation is forty thousand dollars ($40,000.00) per unit, which shall be adjusted each calendar year, beginning in 2014, to account for the cumulative change in the Consumer Price Index published for Los Angeles County, or if such index is no longer published, such equivalent index as shall be selected by the planning community development director.
(t) Target units. Those dwelling units within a housing development that are produced in exchange for a density bonus and/or other incentives, including dwelling units that will be reserved for sale or rent to very low income households, lower-income households, and/or qualifying residents pursuant to the terms of a density bonus housing agreement.
(u) Very low income households. Households whose income does not exceed the very low income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.

Low barrier navigation center. A Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. 26-30 “M” Definitions
Major hotel or major motel. A hotel or motel that has a minimum of one hundred (100) rooms or suites, and has conference rooms, banquet rooms or ballrooms available for hire by the public.

Major promotional event shall mean an outdoor or grand opening event where outdoor display, sale or dispensing of merchandise or food, temporary signs, and/or activities relating thereto, conducted wholly on private property, may encroach into any driveway, parking or landscape areas.

Manufactured home shall mean a residential building or dwelling unit which is either wholly manufactured or is in substantial part manufactured at an off-site manufacturing facility for installation and/or assembly at the building City of West Covina
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27 site, bearing a label that the structure was constructed in compliance with the National Manufactured Home Construction and Safety Standards.

Maps: [FROM EX. CHAPTER 20]
(a) Final Map. Refers to the land division map creating five (5) or more lots submitted to the City Council for final approval and to the city engineer for compliance with all applicable regulations of this chapter and of the Subdivision Map Act. Such map shall substantially conform to the tentative map approved by the planning commission. Subsequent to approval by the city council, the map shall be recorded with the county recorder. (b) Parcel map. Refers to the land division map creating four (4) or less lots or as required by the Subdivision Map Act and subject to Administrative Review for final approval and to the city engineer for compliance with all applicable regulations of this chapter and of the Subdivision Map Act. Subsequent to approval, the map shall be recorded with the county recorder.
(c) Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

Master plan of streets. The plan as adopted and amended by the City Council indicating the width and alignment of existing and proposed principal arterial, minor arterial and collector streets.

Materials recovery facility or MRF. A permitted recycling facility that receives recyclable material, including, but not limited to, any covered material, for mechanical or manual sorting into specification-grade commodities for sale to a broker or end market.

Medical services, clinic/office. A facility other than a hospital primarily focused on the care of outpatients where individuals receive medical, dental, mental health, surgery and/or other personal health care services from a State-licensed healthcare professional.

Membrane structure. A sheet of flexible material, fabric, or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood, or plastic or any other similar material. Membrane structures may be used as tents or to provide shelter or covering forstorage of automobiles, boats, recreational vehicles, or othersimilar uses. Membrane structuresinclude but are not limited to, prefabricated canopies ready-made for simple assembly, and canopies which are built, constructed, or composed of parts joined together in some definite manner, but excludes awnings attached to buildings and temporary coverings used to protect property during government-ordered aerial sprayings.

Miniature pot-bellied pig. A pig or hog and commonly referred to as a pygmy pig or mini pig, which stands no higher than twenty (20) inches at the shoulder, and is no longer than forty (40) inches from the tip of the snout to the end of the buttocks, and weighs no more than one hundred twenty (120) pounds.

Mobile food vendor. Mobile food vendor shall mean any person or entity operating a vehicle, trailer, cart, wagon bicycle, dray, conveyance, or structure on wheels, not firmly fixed to a permanent foundation and which is required to be registered with the California Department of Motor Vehicles, that offers the sale of food or beverages. This does not include food caterers providing services for private events and ice cream trucks selling exclusively ice cream products from a motor vehicle.

Mobile home shall mean a structure (including manufactures homes) used as semi-permanent housing and designed for human habitation, with or without a permanent foundation and can be transported by motor vehicle. Mobile homes shall be considered structures when such mobile homes are parked in a mobile home park.

Mobile home park. Any area used to accommodate one (1) or more mobile homes.

Mobile home marketing complex. A sales complex consisting of not more than ten (10) models, a sales office, a children’s play area, landscaping and off-street parking designed and used only for the marketing of dwellings or lots within a subdivision or within a planned residential development overlay zone or in a planned community development zone.

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28 Motel. A group of attached buildings containing individual sleeping units or suites available to the transient public for compensation where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients where such an individual remains as a guest of the establishment less than thirty (30) days; and such words of this definition shall include motor lodges.

Multi-family, definitions pertaining to Article II, Division 1. (a) Common areas shall mean the entire condominium project excepting all units therein granted or reserved to individual ownership.
(b) CC&R’s shall mean conditions, covenants, and restrictions of any condominium project, community apartment house or any other planned development.
(c) Condominium:
(1) Condominium shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in a space in a residential building on such property.
(2) Stock cooperative: A “stock cooperative” is a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.
(3) Community apartment: An apartment in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
(d) Condominium project shall mean either of the following:
(1) The entire parcel of real property divided, or to be divided, into condominiums, including all structures thereon.
(2) The entire parcel of real property converted or to be converted into condominiums, as defined in section c above.
(e) Unit, condominium means either of the following:
(1) The element of a condominium project which is not owned in common with the owners of other condominiums in the project.
(2) Dwelling unit of a condominium project defined in section d above.

Multi-trunked tree. [RELOCATED FROM EX. SECTION 26-689] A tree with a division of its trunk at less than four-anda-half (4.5) feet above natural grade. 26-31 “N” Definition
Nonconforming building. A building, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this chapter to it, no longer conforms to the developmentstandards of the zone in which it is located.

Nonconforming use. A use which was lawfully established and maintained but which, because of the application of this chapter to it, no longer conforms to the use regulations of the zone in which it is located. (a) Illegal Non-Conforming Status. A use, structure, site feature, or parcel shall be designated as having Illegal NonConforming status if it was not lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment or has not continuously remained in compliance with all terms and City of West Covina
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29 conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter.
(b) Legal Non-Conforming Status. A use, structure, or site feature shall be designated as having Legal NonConforming status if it was lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment and has continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter, based on evidence provided by the property owner, tenant, or applicant. Legal Non-Conforming status shall also be assigned if non-conformities were created by a public improvement, such as a street widening project.

Noncommercial purpose. The purpose of any nonprofit organization which has obtained recognized state or federal tax-exempt status.

Nonprofit organization means an organization as defined in section 113841 of the Cal. Health and Safety Code 26-32 “O” Definitions
Open Space, as used in section Article II, Division 1, and Article II, Division 3, means land areas which are not occupied by buildings, structures, streets, or alleys excepting other special landscaped areas of recreationally oriented uses.
(a) Common open space (usable, maximum twenty (20) percent grade). Open space which is suitably located and improved for common recreational purposes.
(b) Private open space (usable, maximum twenty (20) percent grade). Open space which is designed and maintained for the sole and exclusive use of the occupants of not more than one (1) dwelling and may include covered patio areas.

Open space land. Any parcel or area of land or water which is primarily unimproved and devoted to an open space use, and which is designated in the city’s environmental quality element and General Plan as any of the following:
(a) Open space for the preservation of natural resources including, but not limited to, areas required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for ecologic and other specific study purposes; rivers, streams, bays and estuaries; and coastal beaches, lakeshores, banks of rivers and streams, and watershed lands.
(b) Open space used for the managed production of resources, including, but not limited to, forest lands, rangeland, agricultural lands and areas of economic importance for the production of food or fiber; areas required for recharge of ground water basins; bays, estuaries, marshes, rivers and streams which are important for the management of commercial fisheries; and areas containing major mineral deposits, including those in short supply.
(c) Open space for outdoor recreation, including but not limited to, areas of outstanding scenic, historic and cultural value; areas particularly suited for park and recreation purposes, including access to lakeshores, beaches and rivers and streams; and areas which serve as links between major recreation and open-space reservations, including utility easements, banks of rivers and streams, trails, and scenic corridors. (d) Open space for public health and safety, including, but not limited to, areas which require special management or regulation because of hazardous or special conditions such as earthquake fault zones, unstable soil areas flood plains, watersheds, areas presenting high fire risks, areas required for the protection of water quality and water reservoirs and areas required for the protection and enhancement of air quality.

Organization. Any partnership, corporation, or association, including any firm, company, society, congregation, assembly, or league, and shall include any director, officer, trustee, receiver, assignee, agent, or other similar representative.

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30 Outdoor display. A display of a business’ goods or services, placed outside the building.

Outside display. The storage of goods, equipment, merchandise, or exhibit outside of a building for any purpose other than outside display.

Outside storage. The storage of goods, equipment, or materials outside of a building for any purpose other than outside display.
26-33 “P” Definitions
Parapet. The extension of an exterior building wall above the roof structure.

Parcel. A legally divided plot of land. In the context of this chapter, “parcel” will be interchangeable with the word “lot.”
Parties of interest. Any corporation or entity owning or controlling in fee or by easement land within the subdivision; any person, corporation or entity making application for the subdivision; any person, corporation or entity having a beneficiary interest in the subdivision, including lenders and mortgage holders.

Passageway shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.

Patio, covered means any attached or freestanding solid or lattice cover open on at least three sides.

Patio, enclosed means any attached or freestanding patio that is enclosed by walls on all sides.

Permanent make-up. The business of inserting pigment under the surface of the skin in the facial area by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. The application of permanent make-up is intended to principally consist of, but not necessarily limited to, the application of permanent eyeliner, eyebrows, lip liner, lip color, and beauty marks.

Pet store. Every person, place or premises engaging in the business of selling dogs, at retail, and by virtue of the sales of dogs is required to possess a permit pursuant to Section 6066 of the Revenue and Taxation Code, as defined in California Health and Safety Code Section 122125.
(a) License authority means the agency charged with the administration of this article. (b) Permit means the permit to engage in the activities of a pet store as required by this article. (c) Person means any individual, partnership, corporation or association.

Planter. An area devoted to vegetation and closely bounded by paving, building walls, garden walls, or other edge features.

Plot plan. A site plan showing construction or other improvements and the location of existing structures and construction on the site or plot.

Pool bathroom or detached bathroom. A bathroom that is detached and incidental to the house for the purpose of use by individuals outside the house and having only an exterior entrance to access the bathroom.

Porte cochere. A porch roof projecting over a driveway at the entrance to a building and sheltering those getting in or out of vehicles.

Porch means a roofed approach to a doorway extending from the exterior wall of the structure that has a floor, a roof, and structural supports but is not permanently, seasonally, or temporarily enclosed with solid materials.

Precise street plan. The plan indicating the exact width, grades and alignment of proposed streets as approved by the city engineer.

Proprietor. A person with an ownership or managerial interest in a business. An ownership interest is deemed to exist when a person has a ten (10) percent or greater interest in the stock, assets, or income of a business other than City of West Covina
Development Code Ordinance Update: Draft
31 the sole interest of security for debt. A managerial interest is deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business.

Public Tree. [RELOCATED FROM EX. SECTION 26-689] Any tree planted in or upon any street, park, parkway, or public area in the city.

Public transit shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.
26-34 “Q” Definition
26-35 “R” Definitions
Recreation equipment includes;
(a) A commercial coach, mobile home, recreational vehicle or travel trailer, as defined in the California Health and Safety Code, Division 13, Chapter 1, Part 2, Section 18000, et seq. This definition excludes pickups with shells that do not extend above the height of the cab, and vehicles not over six feet high and fourteen (14) feet long. (b) A mobile home, camp trailer, house car, trailer coach, camper, trailer, or utility trailer as defined in the California Vehicle Code, Division 1, Sections 100, et seq.
(c) A boat, defined as a vessel or any other description of watercraft used, or capable of being used, as a means of transportation on water.
(d) A boat trailer, defined as a vehicle used to transport a boat. (e) Any other vehicle or structure originally designed, or permanently altered in such a manner to permit occupancy or use for living or sleeping purposes. The vehicle or structure may be designed or equipped with wheels, or be capable of being mounted on wheels and used as a conveyance on roadways used by the public; it may be propelled or drawn by its own or other motive power.

Recreation vehicle shall mean a vehicle which is:
(f) Built on a single chassis;
(g) 400 square feet or less when measured at the largest horizontal projection; (h) Designed to be self-propelled or permanently towable by a light duty truck; and (i) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational center (private). Any use, on a site or enclosed in a building, that is operated by private enterprise and open to the public to provide recreation services or facilities, such as but not limited to tennis, racquetball, skateboard courses, and is not listed separately in Article II as a use allowed by right or with a conditional use permit, such as billiard parlors, bowling alleys, dance halls, game arcades, golf courses, gymnasiums, race tracks, skating rinks, slot cars, and theaters.

Recyclable material. [RELOCATED FROM EX. SECTION 26-685.91] Reusable material, including, but not limited to, metals, glass, plastic, and paper, which may be intended for reuse, remanufacture or reconstitution. Recyclable material does not include solid waste or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with sections 52250.11 and 25143.2(b)(4) of the California Health and Safety Code.

Recycle. [RELOCATED FROM EX. SECTION 26-685.91] The process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products and not intended for disposal.

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32 Religious facility. Includes, but is not limited to, any building, structure, or place intended to be used primarily or exclusively by a religious body or organization for religious uses, including but not limited to: worship, religious meetings, study of religious texts, spiritual retreats, religious counseling, or other purposes connected with the body or organization’s formal or informal system of beliefs and faith.

Rest home. A facility in which nursing, dietary and other personalservices are furnished to invalids and aged persons; but in which are kept no personssuffering from a mentalsickness, mental disease, mental disorder or mental ailment or from a contagious or communicable disease, and in which are performed no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals or in which no person are kept or served who normally would be admittable to a mental hospital.

Retail uses. A use wherein goods or articles are sold directly to the consumer.

Rooming house. A residence or dwelling, other than a hotel, motel, or rest home, wherein either three (3) or more rooms are rented, or housing is provided to three (3) or more individuals, under three or more separate written or oral rental agreements, lodger agreements, leases or subleases or combination thereof, regardless of whether the owner, agent or rental manager resides within the residence.

Rubbish. Discarded bottles, cans, jars, scrap metals, paper, wood, glass, crockery, rags, garden and lawn trimmings, and other normal refuse except garbage.
26-36 “S” Definitions
Sanitarium. See “hospital.”
Screening. Blocking of a potentially disruptive object from sensitive surroundings or blocking of a disruptive object from a potentially sensitive object.

Schools, charter, elementary, junior high and high. Institutions of learning which offer instruction in the several branches of learning and study required to be taught in the public schools by the education code of the state.

Second-hand store. A business involved in the retail sale of used goods and merchandise, whereby the sale of such used goods and merchandise comprise 25 percent or more of total monthly sales volume. This definition does not include pawn shops.

Senior citizen housing. Projects designed only for senior citizen (age 55 or older) and handicapped housing.

Service station. A use where one (1) of the primary functions is the retail sale of motor fuel for motor vehicles. In addition, a service station may offer and consist of minor sales, services, and facilities. See section 26-129 of this chapter for permitted and prohibited sales, services, and facilities.

Setback. A portion of the lot required to remain free of construction and/or any structure.

Setback line, corner lot street side. A line which is the minimum required horizontal distance between the side street lot line and a line parallel thereto on the lot.

Setback line, required front. A line which is the minimum required horizontal distance between the front lot line and a line parallel thereto on the lot.

Setback line, required rear. A line which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot.

Setback line, required side interior. A line which is the minimum required horizontal distance between the interior side lot line and a line parallel thereto on the lot.

Short term rental. A rental of any dwelling, in whole or in part, to any person(s) suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.

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33 Sign shop. A commercial space dedicated to the production of identification, advertising, and other signs (including banners). Sign shops are considered retail/service uses unless they include operations producing noise, dust, smoke, odor, or other irritants, such as but not limited to metal working, screen printing, casting, glass-working, outdoor storage of materials, or other industrial processes incompatible with a retail or mixed-use district. Such a business shall be classified as a “sign shop, industrial.”
Significant Tree. [RELOCATED FROM EX. SECTION 26-689] A tree located on private and/or public property that meets one (1) or more of the following requirements:
(a) is located in the front yard of a lot or parcel and has a caliper of one (1) foot or more; (b) is located in the street-side yard of a corner lot and has a caliper of one (1) foot or more; (c) is located anywhere on a lot, has a caliper of six (6) inches, or more, and is one of the following species:

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34 Signs. [RELOCATED FROM EX. DIVISION 2 OF ARTICLE VII] (a) A-Frame sign. A temporary freestanding sign, usually hinged at the top, or attached in a similar fashion, and widening at the bottom to form a shape similar to the letter “A.” (b) Advertising sign. A sign that identifies one (1) or more uses, products, or a service obtainable on the premises through the use of words, letters, symbols, or combination thereof. (c) Awning sign. A non-electric sign printed on, painted on, or attached to a cloth awning. The awning structure itself shall be subject to building setbacks. Awning signs, for the purposes of the regulations of this article, shall be treated as wall signs.
(d) Balloon display. An arrangement of one (1) or more balloons, with or without any message thereon, which are individually less than thirty-six (36) inches in any dimension and inflated with air, helium, or gas, that are tethered at a fixed location and are primarily intended to draw attention to that location. Balloon displays shall not include balloons arranged in a manner that cumulatively spell out a word. (e) Banner. A sign made of cloth, heavy duty plastic, or similar lightweight, flexible material (except paper), attached to or suspended from any structure, building, staff, pole, line, framing, or other projection, and used for temporary advertising purposes, not including “flags.”
(f) Canopy sign, building. A sign, placed on a vertical plane, affixed flat against the fascia of a permanent covering that projects from the building (building canopy), and that does not extend above or below the edges of such fascia. As used in this definition, canopy shall not include awnings and other canopy covers made of cloth, metal, and other materials, which are not an integral part of the building. Building canopy signs, for the purposes of the regulations of this article, shall be treated as wall signs. (g) Canopy sign, cloth. A non-electrical sign printed on, painted on, or attached to a cloth canopy. The canopy structure itself shall be subject to building setbacks. Cloth canopy signs, for the purposes of the regulations of this article, shall be treated as wall signs.
(h) Commercial sign. Any sign that does not meet the definition of a noncommercial sign, including, but not limited to, signs on commercial sites.
(i) Detached signs. A free-standing sign that is not attached to a building. Detached signs include monument signs, pylon signs, and pole signs.
(j) Directional sign. A sign intended for the purpose of directing pedestrians and/or motorists. (k) Double-faced sign. A sign with two (2) faces, with each face oriented one hundred eighty (180) degrees from the other.
(l) Flag. Any fabric or bunting containing distinctive colors, patterns, symbols, or logos of a government agency, political subdivision, corporation, church, or other entity.

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
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35 (m) Hand-held sign. A commercial sign held by a person or persons in a manner to attract attention to an area, development, business, or service.
(n) Hanging sign. A sign that is attached to, but hangs or projects below the underside of an awning, canopy, arcade, eave, overhang, or other covering that projects outward from the face of a building. (o) Sign height. The vertical distance from the ground (measured from the adjacent street curb elevation) to the top of the highest element of a sign, including any structural element. Where specified, however, height may also mean the vertical dimension of the sign area or sign face. (p) Identification sign. A sign that portrays, through the use of words, letters, logos, or symbols, the name and/or type of business conducted on the premises, or any product or service obtainable on the premises. (q) Information sign. A sign that provides information related to a use, product, event, business, or activity on the premises and that is not displayed for the purpose of advertising products or services. Information signs include signs indicating the location of business facilities (e.g. entrances, walk-up windows, self-service operations), and operational information (e.g. hours of operation, menus, credit card logos, restroom labels). (r) Inflatable sign. An inflated balloon, in any shape or in the form of any character or animal, and over thirty-six (36) inches in diameter in any dimension, made of vinyl, fabric, cloth, or other similar, lightweight, flexible material, held up by means of cold air, and primarily intended to draw attention to that location. (s) Logo. A word, letter, symbol, design, or other graphic representation, separate from the sign text that identifies a business, activity, product, or company. A logo is considered a sign or part of a sign. (t) Menu board sign. A sign on the site of a drive-through restaurant, either detached or attached to the building, displaying the type and price of food and beverages sold in connection with and oriented towards the drivethrough lane. (u) Monument sign. A detached sign with a wide base.
(v) Moving sign. A sign that moves or creates an appearance of movement, flashing, blinking, reflecting, revolving, or any other similar sign constructed or maintained to, in any way, simulate motion. (w) Nameplate. A sign that contains only the name and/or address of the occupants of the building or portion thereof.
(x) Neon lighting and sign. Any electric gas tube lighting and any sign containing argon, neon, krypton, helium, or xenon.
(y) Noncommercial sign. A sign not connected with a commercial business or activity. (z) On-site sign. A sign that identifies, informs, or advertises a use, product, activity, event, business message, or service located or provided at the site upon which the sign is located. On-site signs may include noncommercial signs.
(aa) Off-site sign. A sign that identifies, informs, or advertises a use, product, activity, event, business message, or service not located or provided at the site upon which the sign is located, including, but not limited to, billboards and noncommercial signs.
(bb) Pageantry sign. A type of signage that is intended to be elaborate and ceremonious. Examples include banners, kiosks, and similar signage used for advertising (on- or off-site), decorative purposes, or to announce festivals and other special events.
(cc) Pennant. Any lightweight plastic, paper, fabric, or other similar, flexible material, suspended from or attached to a rope, wire, string, or pole, usually in a series, designed to move in the wind. (dd) Pole sign. A detached sign, other than a monument sign, affixed to the ground by a single support structure.

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36 (ee) Political sign. A sign that contains a political message such as a message supporting a candidate for public office, a political party, or a position on a particular political or ideological issue. Political signs shall be considered as temporary noncommercial signs.
(ff) Portable sign. A temporary sign which is not permanently affixed to a building, structure, or on the ground, and is capable of being carried or readily moved from one location to another. This may include, but is not limited to, “A” frame or sandwich signs, or a sign which leans on a stationary object, building, or structure.

Portable signs shall not include banners, pennants, flags, inflatable signs, vehicle signs, and hand held signs, which are defined separately.
(gg) Primary frontage. The side of a building where the main entrance for its pedestrian ingress and egress is located. If more than one (1) main entrance exists, the entrance that most nearly faces or is oriented toward the street of highest classification as portrayed on the current master plan of streets and highways shall be considered the primary frontage. If all streets are of the same classification, the side of the building with the shortest lineal dimension containing a main entrance shall be considered the primary frontage. (hh) Projecting sign. A sign that projects from and is supported by a wall or building with the display surface of the sign at or near a ninety (90) degree angle to the building facade. Projecting signs are separate from “hanging signs” that are attached to the underside of a covering that projects from the building. (ii) Promotional sign. A sign, in addition to permanent signage, placed on a temporary basis and used to promote a special event or product available at the site on which the sign is located. (jj) Pylon sign. A detached sign affixed to the ground by two (2) supports. (kk) Readerboard sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means.
(ll) Roof sign. A sign attached to a building that is characterized by one (1) or more of the following:
(1) Sign is placed atop, or projects above the top edge of, a roof, mansard roof, canopy, or a similar structure not at a vertical plane; or
(2) Sign is placed atop, or projects above the top edge of, a parapet wall, canopy fascia, or a similar structure at or near a vertical plane, or
(3) Sign is placed on a tower or similar wall structure that extends above the top of the roof or parapet wall of a building.
(mm) Sign. A device or structure for visual communication which shall include any announcement, declaration, demonstration, display, illustration, or insignia visible from outside, which is used to identify, inform, or promote the interests of any person, business, or organization. (nn) Sign area. The entire area within straight lines that form up to a maximum of two rectangles outlining the extremities of the element (including panel, placard, cabinet) upon which the sign is placed. Where no such element exists (for example, individual channel letter signs mounted on a building), sign area shall mean the entire area within two rectangles and outline each individual character or symbol. Support structure shall not be included in this area unless such support structures are designed in such a manner as to form an integral part of the sign or display.
(oo) Sign face or surface. The surface of the sign upon, against, or through which the copy is displayed or illustrated on the sign.
(pp) Sign copy. The words, letters, logos, or symbols displayed on a sign. (qq) Sign program. Comprehensive design standards and/or sign criteria for particular sites that signs are subject to, in addition to sign regulations contained in this Development Code. (rr) Single-faced sign. A sign with one (1) face.

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Development Code Ordinance Update: Draft
37 (ss) Temporary noncommercial sign. A sign, constructed of cloth, banner, canvas, light fabric, cardboard, wallboard, plywood, or other material, with or without frames, which is erected for a limited period of time to convey a noncommercial message, including signs regarding time specific events, such as elections. Temporary noncommercial signs shall include political signs.
(tt) Tenant directory sign. A sign listing two (2) or more tenants or occupants of a building, complex, or shopping center.
(uu) Trademark. A sign permanently or temporarily attached or placed on a vehicle or trailer, as defined by the California Vehicle Code.
(vv) Wall sign. A sign affixed flat against a building wall at a vertical plane that does not project above top edge of a parapet wall, and that does not extend above or below the edges of the building wall fascia. Building canopy signs, cloth canopy signs, and awning signs shall, for the purposes of this article, be treated as wall signs. (ww)Window sign. A sign that is applied or attached to a window or located within two and one-half (2.5) feet of the inside of a window.

Single apartment. One (1) room and bath, with cooking facilities in a multiple dwelling.

Small collection facility, as distinguished from a MRF. [RELOCATED FROM EX. SECTION 26-685.91] A facility for the collection and acceptance by donation, redemption of purchase of recyclable materials. As used herein, such a facility does not occupy an area of more than five hundred (500) square feet unless operated on the same site and in conjunction with a materials recovery facility or solid waste transfer station. A recycling center does not include storage containers or collection activity located on the premises of a residential, commercial, or manufacturing use and is used solely for the recycling of material generated by that residential property, business or manufacturer and not held out for public use.
(a) Small collection facilities centers are further defined to include, but are not limited to, these following specific types:
(1) Buy back recycling center. A recycling facility which pays a fee for the delivery and transfer of ownership to the facility of source separated materials for the purpose of recycling or composting. (2) Drop-off center. A facility which accepts delivery or transfer of ownership of source separated materials for the purpose of recycling or composting without paying a fee. (3) Reverse vending machine(s). An automated mechanical device which accepts at least one (1) or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state.
(4) Bulk reverse vending machines. a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one (1) container at a time, and will pay by weight instead of by container.

Small residential rooftop solar energy system shall mean all of the following:
(b) A solar energy system that is not larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.
(c) A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of West Covina and all State of California health and safety standards. (d) A solar energy system that is installed on one- and two-family homes of R3 occupancy as defined by the California Building Code.
(e) A solar panel or module array that does not exceed the maximum legal building height as defined by the City of West Covina.

Solar Energy Systems shall mean either of the following:

City of West Covina
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38 (f) Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. (g) Any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating.

Solicit and commercial [solicitations]. The request, directly or indirectly, for the purpose of selling, or taking orders for any goods, wares or merchandise for future delivery and shall include traveling, or going from door-to-door of residential dwellings, in any public street or sidewalk, or in any public place or building. A solicitation shall be complete when the request is made, whether or not the person being solicited makes a purchase or places an order.

Solid waste. [RELOCATED FROM EX. SECTION 26-685.91] All putrescible and non-putrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition, and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.

Solid waste transfer or processing station or transfer station. [RELOCATED FROM EX. SECTION 26-685.91] A facility as defined and permitted under state law used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle including railroad cars for transport to a solid waste handling facility.

Transfer station may also include material recovery facilities and recycling centers, except that permits shall be required only as required by state law.

Source separated material. [RELOCATED FROM EX. SECTION 26-685.91] The segregation, by the generator, of materials designated for separate collection for some form of materials recovery or special handling.

Special group residence. Special group residence includes, but is not limited to, fraternity and sorority houses, college dormitories, residential care facilities (for seven or more persons), convalescent hospitals, housing for persons with disabilities, halfway houses, communal housing, and military barracks. Special group residence does not include group homes as defined by this Development Code.

Stable, private. A detached accessory building in which horses owned by the occupants of the premises are kept, and in which no horses are kept for hire or sale.

Stable, public. A stable other than a private stable.

Stand. A structure for the display and sale of products with no space for customers within the structure itself.

State freeway. Any section of a state highway which has been declared to be a freeway by resolution of the California Highway Commission pursuant to section 100.3 of the Streets and Highways Code.

Storage container. Any portable or moveable structure or container, constructed of varied materialsincluding metal, wood, plastic or synthetic substances, or any combination thereof, which is designed and intended for the storage or transport of items, goods, clothing, furniture, equipment, or materials, etc. Storage containers that have been permanently fixed to a location on the ground shall still be deemed to meet this definition. Storage containers do not include non-habitable structures of less than one hundred twenty (120) square feet.

Storage lot. A site devoted to the commercial outdoor or indoor storage (mini-warehouses) of goods and vehicles.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, garage, or unused underfloorspace is more than six (6) feet above finished grade for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above the finished grade at any point, such basement, cellar, garage, or unused underfloor space shall be considered as a story.

Streets and Highways:

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39 (a) Adjoining Exterior streets. Streets contiguous to the boundaries of the subdivision and/or streets within which boundaries of the subdivision are contained. The streets may or may not provide direct access to the subdivision. (b) Private streets. Undedicated streets built to the standards and specifications as adopted from time to time by resolution of the planning commission and shall be not less than twenty-eight (28) feet in width between curbs. (c) Street. A public thoroughfare which affords primary means of access to abutting property. (d) Street, arterial means any street or road passing adjacent to, or through a subdivision which carries the major flow of traffic and for which the traffic entering from side road and streets may be controlled. (e) Street line. The boundary line between a street and the abutting property. (f) Street, side. A street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.
(g) Subdivision Streets. Streets contained entirely within the boundaries of the subdivision. The street’s primary function is to provide access to the subdivision.

Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height.

Structural alteration. Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.

Subdivision. The division, by any subdivider, of any units or unit of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in California Civil Code Section 1351(f), a community apartment project, as defined herein or in California Civil Code Section 1351(d), a stock cooperative, as defined herein or in California Civil Code Section 1351(m), a cooperative apartment as defined herein, or 2 or more air space lots as defined herein. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. “Subdivision” does not include anything excluded from the definition of subdivision in the Subdivision Map Act unless otherwise provided for herein.

Sunroom. A room with large windows and sometimes a glass roof, designed to allow in a lot of sunlight.

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Stock cooperative. A corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. 26-37 “T” Definitions
Tandem parking shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.

Tattooing. The business of inserting pigment under the surface of the skin by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. This definition is not intended to apply to any act of a licensed practitioner of the healing arts performed in the course of his practice. Tattooing does not include application of permanent makeup that is performed as an incidental service in a beauty shop.

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40 Theme shopping use. Retail uses sharing the same facility and selling merchandise similar in characteristics and related in kind, including but not limited to antique malls, jewelry marts, and other uses identified by the planning director.

Trailer park and public camp. Any area or tract of land used or designed to accommodate two (2) or more automobile trailers or two (2) or more camp parties, including tents or other camping outfits and including trailer camps as defined by law.

Tree permit. [RELOCATED FROM EX. SECTION 26-689] A tree removal and/or relocation permit, and pruning of any tree in the Oak family City protected tree.

Tree protection. [RELOCATED FROM EX. SECTION 26-689] The safeguarding of trees through proper maintenance, pruning, treatment, fertilizing, feeding, and any other necessary means (standards of California Certified Arborists.) Tree removal. [RELOCATED FROM EX. SECTION 26-689] 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.

Transitional Housing. Transitional housing refers to buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing facilities with supportive services exclusively designated and targeted for recently homeless persons that include families, youth, persons with physical and mental disabilities, people who are addicted to alcohol and drugs, people living with HIV/AIDS, veterans, the elderly, and pregnant women. “Transitional housing” includes self-sufficiency development and support services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing. 26-38 “U” Definitions
Unattended business. A business which does not have an attendant or other representative of the owner of the business on the premises at all times during which the business is open to the public.

Unmanned aircraft system or drone. An aircraft without a human pilot on board, that is controlled by an operator on the ground, and operated without the possibility of direct human intervention from within, or on the aircraft.

Use. The purpose for which land a building is arranged, designed or intended, or for which either is or may be occupied or maintained.
26-39 “V” Definitions
Vehicle definitions (for zoning purposes only).
(a) Commercial vehicle. A vehicle of a type required to be registered under the State Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.
(b) Inoperable vehicle. Any vehicle (whether partially or fully assembled) in a state of being immobile, unlicensed, or otherwise unable to legally perform its design function on public streets. (c) Gross vehicle weight. The maximum weight in pounds of the chassis of a truck or truck tractor with full payload as authorized by the chassis manufacturer.

City of West Covina
Development Code Ordinance Update: Draft
41 (d) Motor vehicle. A self-propelled vehicle used for the transportation of people or goods on streets. (e) Passenger vehicle. A motor vehicle designed to carry ten (10) persons or less including the driver. Passenger vehicle also includes motor vehicles designed to carry ten (10) persons or less that are constructed either on a truck chassis or with special features for occasional off-road use. Passenger vehicle includes vehicles commonly called cars, minivans, passenger vans, and sport-utility vehicles. Passenger vehicle is intended to cover the vehicles defined as passenger cars and multipurpose passenger vehicles by the National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, Chapter V, Section 571.3. (f) Recreational vehicle. A vehicle, with or without motive power which is for human occupancy on an intermittent basis, excluding boats. Recreational vehicle is divided into two (2) categories as follows:
(g) Motor home. A motorized vehicle designed for human occupancy on an intermittent basis. A pickup or other truck with a camper mounted on the back is considered to be a motor home. A pickup or other truck with a camper shell (i.e., a fiberglass or aluminum shell used strictly to cover or enclose a truck bed) mounted on the back of such vehicle is not considered to be motor home or recreational vehicle. (h) Accessory recreational vehicle. Any nonmotorized vehicle designed for human occupancy on an intermittent basis, such as a vacation trailer or fifth-wheel trailer. (i) Recreational equipment and trailers. Recreational vehicles designed for off-road use, such as off-road vehicles, motorcycles, dune buggies, and recreational boats and watercraft and trailers to accommodate them.

Recreational equipment mounted or placed on an appropriate trailer are deemed as one (1) vehicle. (j) Truck. A motor vehicle designed primarily for the movement of property or special purpose equipment, or a motor vehicle designed to carry more than ten (10) persons. Truck includes vehicles commonly called trucks, pickups, vans, cargo vans, buses, motor homes, and othersimilar vehicles. Truck isintended to cover the vehicles defined as trucks and buses by the National Highway Traffic Safety Administration, in Title 49 of the Code of Federal Regulations, Chapter V, Section 571.3. Pickup trucks, passenger vans, and cargo vans are defined below. (k) Pickup truck. A truck with a manufacturer’s gross vehicle weightrating of lessthan eleven thousand five hundred (11,500) pounds, which is equipped with an open flat, stake, or box-type bed not exceeding nine (9) feet in length. “Pickup truck” includes a motor vehicle otherwise meeting the above definition that is equipped with a bed-mounted storage compartment unit commonly called a “utility body.” (l) Passenger van. A vehicle commercially available in configurations with seating for up to fifteen (15) passengers, with a single rear axle and single rear wheels, and with a gross vehicle weight of less than ten thousand (10,000) pounds.
(m) Cargo van. A vehicle otherwise available as a passenger van (as defined above) but without its normal passenger seating and often without windows.
(n) Tow truck. Motor vehicles specifically equipped to tow or otherwise transport passenger cars or trucks are considered either medium or heavy trucks, as appropriate. (o) Medium truck. A truck or similar vehicle, other than a pickup truck, passenger van, or cargo van, with a single rear axle and single or dual rear wheels. Truck tractors are in the heavy truck category. (p) Heavy truck. A truck, including a truck tractor, and similar vehicles with two (2) or more rear axles. (q) Utility trailer. A vehicle designed to be pulled by a motor vehicle which is used to carry property, trash, orspecial equipment and that is sixteen (16) feet or less in length. Utility trailers that are longer than sixteen (16) feet in length are considered commercial vehicles.
(r) Vehicle. A device by which any person or property may be drawn or moved over a distance by way of a street, excepting devices moved by human power.
(s) Vehicle code. The Vehicle Code of the State of California. Where operation of vehicles on streets is concerned, the definitions in the vehicle code shall apply rather than those delineated here.

City of West Covina
Development Code Ordinance Update: Draft
42 Vesting tentative Map. A “vesting tentative map” is a tentative map as defined in this Article which shall have printed conspicuously on its face the words “Vesting Tentative Map” and which is processed in accordance with Article VIII. 26-40 “W” Definitions
Wireless telecommunication facilities. [FROM EX. SECTION 26-685.982] (a) Accessory equipment means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, equipment buildings, shelters, vaults, radio transceivers, transmitters, pedestals, splice boxes, fencing and shielding, surface location markers, meters, regular power supply units, fans, air conditioning units, cables and wiring, to which an antenna is attached in order to facilitate the provision of wireless telecommunication services. (b) Amateur and/or citizen band antenna shall mean any antenna used for the operation of amateur and/or citizen band radio stations and which is licensed by the Federal Communications Commission. (c) Antenna shall mean any system of wires, poles, rods, reflecting discs, or similar devices of various sizes, materials and shapes including but not limited to solid or wire-mesh dish, horn, spherical, or bar configured arrangements, used for the transmission or reception of electromagnetic signals. (d) Antenna array shall mean two (2) or more antennas having active elements extending in one (1) or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna. (e) Antenna, building-mounted shall mean any antenna, other than an antenna with its supports resting on the ground, that is directly attached or affixed to the fascia or side wall of a building or structure. (f) Antenna, ground-mounted shall mean any antenna which is attached or affixed to a free-standing wireless facility with its base placed directly on the ground, specifically including, but not limited to, monopoles and faux trees.
(g) Antenna, roof-mounted shall mean any antenna, other than an antenna with its supports resting on the ground, that is directly attached or affixed to the roof of a building or a mechanical penthouse or parapet enclosure wall which is located on the rooftop of a building.
(h) Antenna height shall mean, when referring to any free-standing wireless facility, the distance measured from ground level to the highest point on the support structure, including antennas measured at their highest point. (i) Approval authority means the city official responsible for reviewing applications for small cell permits and vested with the authority to approve, conditionally approve, or deny such applications. (j) Base station shall have the meaning as set forth in 47 C.F.R. § 1.40001(b)(1), or any successor provision. This means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small cells). “Base station” does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation:
(1) Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (2) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cells).
(3) Any structure other than a tower that, at the time the relevant application is filed with the City under this division, supports or houses equipment described in subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

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43 (4) “Base station” does not include any structure that, at the time the relevant application is filed under this division, does not support or house equipment described in subsections (1) and (2) of this definition. Other structures that do not host wireless telecommunications facilities are not “base stations.” (5) Cellular means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.
(6) Collocation shall mean the placement of antennas, dishes, or similar devices owned or used by two (2) or more telecommunication providers on one (1) antenna support structure, building, or structure. (7) Concealed or concealment means camouflaging techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique.
(8) COW means a “cell on wheels,” which is a portable, self-contained wireless telecommunications facility that can be moved to a location and set up to provide wireless telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a location. Under this division, the maximum time a facility can be installed to be considered a COW is five (5) days. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.
(9) Decorative pole means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located.
(10) Direct broadcast satellite service (DBS) shall mean a system in which signals are transmitted directly from a satellite to a small (not exceeding twenty-one (21) inches in diameter) receiving dish antenna. (11) Distributed antenna system or DAS means a network of spatially separated antennas (nodes) connected to a common source (a hub) via a transport medium (often fiber optics) that provide wireless telecommunications service within a specific geographic area or building. DAS includes the transport medium, the hub, and any other equipment to which the DAS network or its antennas or nodes are connected to provide wireless telecommunication services. (12) Eligible facilities request means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure, involving:
(i) Collocation of new transmission equipment;
(ii) Removal of transmission equipment;
(iii) Replacement of transmission equipment (replacement does not include completely replacing the underlying support structure); or
(iv) Hardening through structural enhancement where such hardening is necessary to accomplish the eligible facilities request, but does not include replacement of the underlying support structure. (13) Eligible facilities request does not include modifications or replacements when an eligible support structure was constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. “Eligible facilities request” does include collocation facilities satisfying all the requirements for a non-discretionary collocation facility pursuant to Government Code § 65850.6.
(14) Eligible support structure means any support structure located in the PROW that is existing at the time the relevant application is filed with the City under this division. (15) Existing means a support structure, wireless telecommunications facility, or accessory equipment that has been reviewed and approved under the City’s applicable zoning or permitting process, or under another applicable state or local regulatory review process, and lawfully constructed prior to the time the relevant application is filed under this division. However, a support structure, wireless telecommunications facility, or accessory equipment that has not been reviewed and approved because it was not in a zoned area when City of West Covina
Development Code Ordinance Update: Draft
44 it was built, but was lawfully constructed, is “existing” for purposes of this division. “Existing” does not apply to any structure that:
(v) Was illegally constructed without all proper local agency approvals; or (vi) Was constructed in noncompliance with such approvals. “Existing” does not apply where an existing support structure is proposed to be replaced in furtherance of the proposed wireless telecommunications facility.
(16) Facility(ies) means wireless telecommunications facility(ies). (17) FCC shall mean an abbreviation which refers to the Federal Communications Commission. (18) FCC shot clock means the presumptively reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC, and as may be amended from time to time. The shot clock shall commence on “day zero,” which is the day the WTFP application is submitted. (19) Free-standing wireless facility shall mean any free-standing mast, monopole, tripod, or tower utilized for the purpose of supporting an antenna(s). A free-standing wireless facility may be designed to resemble a tree, clock tower, light pole or similar alternative-design mounting structure that camouflages or conceals the presence of an antenna(s).
(20) Ground-mounted means mounted to a pole, tower or other freestanding structure which is specifically constructed for the purpose of supporting an antenna or wireless telecommunications facility and placed directly on the ground at grade level.
(21) Lattice tower means an open framework structure used to support one (1) or more antennas, typically with three (3) or four (4) support legs.
(22) Modification means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. “Modification” does not include repair, replacement, or maintenance if those actions do not involve whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of an existing wireless telecommunications facility.
(23) Monopole means a structure composed of a pole or tower used to support antennas or related equipment.

A monopole includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g., water tower). (24) Mounted means attached or supported.
(25) Obstruction-free reception window shall mean the absence of manmade or natural physical barriers that would block the signal between a satellite and an antenna. (26) OTARD antennas means antennas covered by the “over-the-air reception devices” rule in 47 C.F.R. § 1.4000 et seq., as may be amended or replaced from time to time. (27) Personal wireless services shall have the same meaning as set forth in 47 U.S.C. § 332I(7)(C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services. (28) Pole means a single shaft of wood, steel concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code. (29) Public right-of-way or PROW means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, sidewalks, roadway medians, parkways, and parking strips.

The PROW does not include land owned, controlled, or operated by the City for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, city hall and community center lands, city yards, and lands supporting reservoirs, water towers, police or fire facilities and non-publicly accessible utilities.

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45 (30) Radiofrequency emissions (RF) shall mean the electromagnetic signals transmitted and received using wireless telecommunication antennas.
(31) Reception window shall mean the area within the direct line between a land-based antenna and an orbiting satellite.
(32) Replacement refers only to replacement of transmission equipment, wireless telecommunications facilities or eligible support structures where the replacement structure will be of like-for-like kind to resemble the appearance and dimensions of the structure or equipment replaced, including size, height, color, landscaping, materials, and style.
(i) In the context of determining whether an application qualifies as an eligible facilities request, the term “replacement” relates only to the replacement of transmission equipment and does not include replacing the support structure on which the equipment is located. (ii) In the context of determining whether a SWF application qualifies as being placed upon a new eligible support structure or qualifies as a collocation, an application proposing the “replacement” of the underlying support structure qualifies as a new pole proposal. (33) Small cell means a low-powered antenna (node) that has a range of ten (10) meters to two (2) kilometers.

The nodes of a “small cell” may or may not be connected by fiber. “Small,” for purposes of “small cell,” refers to the area covered, not the size of the facility. “Small cell” includes, but is not limited to, devices generally known as microcells, picocells and femtocells. (34) Small cell network means a network of small cells. (35) Substantial change has the same meaning as “substantial change” as defined by the FCC at 47 C.F.R.

1.40001(b)(7). Notwithstanding the definition above, if an existing pole-mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure, such modification may be deemed a non-substantial change, in the discretion of the planning director and based upon his/her reasonable consideration of the cabinet’s proximity to residential view sheds, interference to public views and/or degradation of concealment elements. If undergrounding the cabinet is technologically infeasible such that it is materially inhibitive to the project, the planning director may allow for a ground mounted cabinet. A modification or collocation results in a “substantial change” to the physical dimensions of an eligible support structure if it does any of the following:
(i) It increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;
(ii) It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;
(iii) It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets. However, for towers and base stations located in the public rights-of-way, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure; (iv) It entails any excavation or deployment outside the current site. For purposes of this subsection, excavation outside the current site occurs where excavation more than twelve (12) feet from the eligible support structure is proposed;
(v) It defeats the concealment or stealthing elements of the eligible support structure; or (vi) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections (1) through (4) of this definition.

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46 (36) For all proposed collocations and modifications, a substantial change occurs when:
(i) The proposed collocation or modification involves more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) equipment cabinets; (ii) The proposed collocation or modification would defeat the concealment elements of the support structure; or
(iii) The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in this section. (37) Support structure means a tower, pole, base station, or other structure used to support a wireless telecommunications facility.
(38) SWF means a “small wireless facility” as defined by the FCC in 47 C.F.R. 1.6002(1), as may be amended, which are personal wireless services facilities that meet all the following conditions that, solely for convenience, have been set forth below:
(i) The facility:
a) Is mounted on an existing or proposed structure fifty (50) feet or less in height, including antennas, as defined in 47 C.F.R. § 1.1320(d);
b) Is mounted on an existing or proposed structure no more than ten (10) percent taller than other adjacent structures; or
c) Does not extend an existing structure on which it is located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater; (ii) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three (3) cubic feet in volume; (iii) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;
(iv) The facility does not require antenna structure registration under 47 C.F.R. part 17; (v) The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and (vi) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).
(39) Telecommunications tower or tower bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R. § 1.40001(b)(9), including without limitation a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. (40) Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiberoptic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (41) Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. A telecommunications tower is not a utility pole.

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47 (42) Wireless telecommunication facility shall mean a mechanical device, land and/or structure that is used to transmit and/or receive electromagnetic signals, including but not limited to antennas, microwave dishes, horn, and other types of equipment for the transmission or receipt of such signals, free-standing wireless facilities, equipment buildings or cabinets, parking areas, and other accessory development. Exceptions:

The term “wireless telecommunications facility” does not apply to the following:
(i) Government-owned and operated telecommunications facilities. (ii) Emergency medical care provider-owned and operated telecommunications facilities. (iii) Mobile services providing public information coverage of news events of a temporary nature. (iv) Any wireless telecommunications facilities exempted from this Code by federal law or state law. (43) Wireless telecommunications facilities master plan shall mean a narrative and graphic representation of all existing and future wireless telecommunication facilities within the City for one (1) wireless communication provider or applicant.
(44) Wireless telecommunications services means the provision of services using a wireless telecommunications facility or a collocation facility, and shall include, but not be limited to, the following services: personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications. 26-41 “X” Definitions
26-42 “Y” Definitions
Yard. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard, front. A required yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line and a line parallel thereto on the lot or parcel of land. Said distance shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on a precise plan forsuch a street, and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this definition.

Yard, rear. A required yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.

Yard, side. A required yard extending along the full length of the lot or parcel of land from the rear line of the required front yard to the required rear yard. The width of the required side yard shall be a specified horizontal distance measured from, and at right angles to, the nearest point of a side lot line toward a line parallel thereto. 26-43 “Z” Definitions
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48 ARTICLE II.ZONES, ALLOWABLE USES, AND DEVELOPMENT

STANDARDS
DIVISION 1 RESIDENTIAL ZONES (RA, R1, MF-8, MF-15, MF-20, MF-45) [COMBINED EX.

ARTICLES VIII AND IX]
26-44 Purpose and Intent of Residential Zones *NEW*
The purpose of the residential zones is to classify and set standards for the orderly development of single and multifamily residential properties in a manner that will provide a desirable living environment compatible with surrounding properties and assuring protection of property values. It is intended that these zones be used to add to the variety of housing types and densities.

Table 2-1 Base Zoning Districts *TABLES ARE NEW, CONTENTS ARE EXISTING* Map Symbol Full Name Purpose
R-1-6,000 Single-Family
Residential Zone
The purpose of the single-family residential zoning district is to provide residential areas within the City that allow varying densities of single-family homes and other compatible uses. The district shall promote a suitable living environment by maintaining orderly flow of traffic and restricting traffic from other sources, providing space for community facilities that are complementary to residential areas and minimizing noise and disturbances in residential neighborhoods.

R-1-7,500
R-1-9,450
R-1-14,400
R-1-20,000
R-1-40,000
R-A Residential
Agricultural Zone
The purpose of the residential agricultural zoning district is to provide residential areas within the City that allow varying densities of single-family homes and other compatible uses, where limited numbers of livestock may be raised and crops may be grown and where regulations promote and encourage a suitable environment for family life on large parcels of land.

MF-8 Multi-Family
Residential Zone
The purpose of the multi-family residential zoning districts is to provide residential areas within the City that allow varying densities of multi-family homes where development is permitted with a relatively high concentration of dwelling units with amenities that promote a safe and healthy environment for existing and future residents.

MF-15
MF-20
MF-45
26-45 Land Use Regulations and Allowable Uses
(a) Permitted Uses for residential zones:

Table 2-2 Uses and Permit Requirements*TABLES ARE NEW, CONTENTS ARE EXISTING* Symbol Permit Requirement Procedure Section
X Allowed by Right –
AP Administrative Permit Article VI, Division 6
APH Administrative Permit w/ Hearing Article VI, Division 6; Article VI, Division 1 CUP Conditional Use Permit Article VI, Division 4: Article VI, Division 1 Use not permitted –
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49 Permitted Uses and Permit
Requirements for Residential
Zones. Zones Special
Use Types RA R1 MF-8 MF-15 MF-20 MF-45 Regulations
Accessory uses
Accessory uses and structures X X X X X X
Accessory dwelling units (ADU),
junior accessory units (JADU)
X X X X X X Article IV,
Division 2
Agricultural uses
Agricultural X Section 26-111
Agricultural Uses (on parcels of 10
acres or more)
X Section 26-111
Beekeeping APH APH APH APH APH APH
Residential uses
Duplexes X X X X
Employee Housing, farmworker
(agricultural) Housing

X X X X X X
Group home (1 – 6 persons) X X X X X X
Mobile home park X X X X Section 26-122
Micro-units, efficiency units X X X X
Multi-family residence X X X X
Single-family residence X X X
Short term rental
Special Group Residence X X X X X X
Supportive housing X X X X X X Section 26-133
Transitional housing X X X X X X Section 26-133
Service, recreational, educational and public assembly uses Adult Day Care Centers X X
Aircraft landing facilities
Emergency X X X X X X
Nonemergency CUP CUP CUP CUP CUP CUP
Athletic Club/ Gymnasium CUP CUP Section 26-119
Bed and breakfast inns
Childcare facility, day care centers CUP CUP CUP CUP CUP CUP Large family day care (up to 14
children)

X X X X X X
Small family day care (up to 8
children)

X X X X X X
Conversions from apartments to
Condominiums
CUP CUP CUP CUP Article VIII,
Division 12
Golf Course, country club (serving
alcohol allowed only with a club as
defined in section 23428.9 of the

CUP CUP CUP CUP CUP CUP
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50 Permitted Uses and Permit
Requirements for Residential
Zones. Zones Special
Use Types RA R1 MF-8 MF-15 MF-20 MF-45 Regulations
California Business and Professions
Code.)
Home occupations X X X X X X Section 26-120
Hospitals (human) CUP CUP CUP CUP CUP CUP
Institutions of philanthropic nature CUP CUP CUP CUP CUP CUP Mental health institutions and
nursing homes
CUP CUP Section 26-130
Orphanages CUP CUP CUP CUP CUP CUP
Recreational centers (private) CUP CUP CUP CUP CUP CUP
Religious facility CUP CUP CUP CUP CUP CUP
Riding stables and riding schools (7
acres minimum site)

CUP CUP
Roominghouse CUP CUP CUP CUP CUP CUP
Schools and colleges (public or
private)

CUP CUP CUP CUP CUP CUP
Senior citizen housing X X X X X X
Skilled nursing facilities, assisted
living facilities
CUP CUP CUP CUP CUP CUP Section 26-130
Transportation, communications and utility uses
Monopoles and alternative antenna
support structures
CUP CUP Section 26-136
Public utility stations, yards, wells
and similar facilities

CUP CUP CUP CUP CUP CUP
Wireless telecommunication
facilities (WTF) – Building and/or
roof mounted facilities
AP AP AP AP AP AP Section 26-136
26-46 Development Standards for R-A and R-1 Zones *NEW* New land uses, structures, and site development including alterations to existing land uses, structures, and site development within residential zoning districts shall be designed and constructed in compliance with the following requirements, and all applicable standards in Article III (Regulations Applicable to all Zones) and Article IV (Standards for Specific Land Uses) of this Development Code.
(a) Site size. In single-family residential districts, the minimum required building site area or width may be different from that set forth in the regulations of the district if so specific on the zoning district map. Such specifications shall be shown in the following manner:
(1) A number preceding and connected by a hyphen with the district symbol shall designate the minimum required building site width in feed. (i.e. 130-R)
(2) A number following and connected by a hyphen with the district symbol shall designate the minimum required building site area. Where the number is greater than one hundred (100), it shall indicate the area City of West Covina
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51 in square feet; where the number is less than one hundred (100), it shall indicate the area in net acres. (i.e.

R-1-6,000)
(3) The size of sites in R-A and R-1 zones shall be governed by the following table:

Table 2-3 Minimum Lot Dimensions and Lot Area for R-A and R-1 Zones *TABLES ARE NEW, CONTENTS ARE EXISTING BUT WERE LABELED AS “AREA DISTRICTS I THROUGH V” – REPLACED TABLE ON EX. SECTION 26-401* Zone Minimum Lot Width (ft.) Minimum Lot Depth (ft.) Minimum Lot Area (sq. ft.) R-A – – 6,000
R-1-6,000 50 95 6,000
R-1-7,500 60 105 7,500
R-1-9,450 70 110 9,450
R-1-14,400 90 125 14,400
R-1-20,000 110 – 20,000
R-1-40,000 130 – 40,000
(b) Building coverage
(1) The maximum building coverage and floor area of all structures in the R-A and R-1 zones shall not exceed the standards set forth in Table 2-4.

Table 2-4 Allowable Building Coverage and Floor Area *CONTENTS OF TABLE ARE NEW – REPLACED TABLE ON EX. SECTION 26-401.5*
Lot Size Allowable Total Building Coverage and Floor Area 5,000 square feet or less 50 percent of net lot area
5,001 to 6,000 square feet 2,500 square feet plus 30 percent of lot area over 5,000 square feet 6001 to 7,500 square feet 2,800 square feet plus 20 percent of lot area over 6,000 square feet 7,501 to 10,000 square feet 3,100 square feet plus 20 percent of lot area over 7,500 square feet 10,000 square feet or more 3,600 square feet plus 20 percent of lot area over 10 Additional Standards:
(i) Review thresholds for large houses. A conditional use permit shall be required for any project resulting in a total floor area above 10,000 square feet.
(ii) Review thresholds for large additions. An administrative permit shall be required for any project resulting in an addition greater than forty-five (45) percent of the existing floor area on the lot. If a project requires a conditional use permit under subsection (i), the conditional use permit application shall incorporate the review for the large addition. (iii) Volume Space. Any space on a two-story house and/or addition to a proposed two-story house with a ceiling or top-plate height exceeding twelve (12) feet shall be considered as constituting two-stories for the purpose of calculating floor area. Any area under a sloped roof with a ridge height of sixteen (16) feet or less and an exterior wall height of twelve (12) feet or less are exempt. Areas directly above the stairs are exempt.
(c) Maximum Front Yard Pavement Coverage/Driveways [EX. SECTION 26-402.5] (1) As used in this section, a “front yard” refers to all space between the main building (also the projection of the main building to the side property lines) and the front street property line. “Street side yard” refers to all space between the main building (also the projection of the main building to the front and rear property lines) and the side street property line of a corner lot. All open areas within the front yard, except for legally permitted driveways and walkways, as set forth in this section, shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth by section 26-85 (General Landscaping Standards).

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52 (2) Paved walkways shall be separated with a minimum forty-two inch (42”) wide landscaped area. The driveway and walkway area may be connected for a span no greater than forty-two inches (42”) in width.

There shall be no more than two (2) paved walkway areas within the front yard. (3) Review and approval of a new driveway is subject to approval of a driveway approach permit by the engineering division.
(4) A primary driveway providing direct access from the street to a garage, carport, or required parking space(s) shall have a minimum length of twenty-two (22) feet, measured from the edge of the driveway apron. (5) The front yard driveway pavement shall be limited to the width of the garage or carport, plus an additional six (6) feet on either or both sides of the garage or carport driveway, or an additional twelve (12) on one (1) side of the driveway and any secondary drivewaytwelve (12) feet (cumulative width). In instances where the property does not have a garage or carport, the front yard driveway pavement shall be limited to twenty (20) feet in width for properties developed with primary single-family residential dwelling units. Urban lot split properties shall comply with Article VIII (Subdivision Regulations). The installation of a circular/semicircular driveway shall require compliance with all standards listed within subsection (7), including the maximum primary driveway width. The installation of a secondary driveway shall require compliance with all standards and processes listed within subsection (8), including maximum primary driveway width.
(6) Pavement in the front yard shall be constructed and maintained with permanent, load-bearing pervious or impervious surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. The use of pervious surfaces is encouraged to facilitate on-site infiltration of stormwater. Substitutions of paved materials for the additional paved areas are permitted if found to be substantially similar to the requirements of this article. In cases of irregularly shaped lots or sites hampered by topographical features, the additions shall be parallel to and/or concentric with the access drive. Pavement in a street side yard is permitted only where a garage or carport in the street side yard is oriented to the street or six-foot-high masonry block wall or solid fence screens the pavement from all street views. Unscreened pavement in street side yards shall be treated as pavement in front yards. (7) Circular drive additions are exempt from the provisions of subsection (5). (i) New semicircular driveways are prohibited where the street frontage is less than seventy-five (75) feet.
(ii) Properties without a garage are prohibited from installing and/or maintaining a semicircular driveway. (iii) The semicircular driveway portion shall not exceed twelve (12) feet in width. (iv) The paved primary driveway portion leading to the garage shall not exceed the width of the garage plus six (6) feet.
(v) A minimum of fifty-percent (50%) of the front yard shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth in section 26-85 (General Landscaping Standards). *CODIFIES EXISTING POLICY*
(8) Paved areas for secondary driveways are exempt from the provisions of subsection (5). The approval of a secondary driveway shall be subject to the granting of an administrative permit with hearing as set forth in Article VI, Division 6 of this chapter, and further subject to the following conditions:
(i) Properties without a garage are prohibited from installing a secondary driveway. (ii) The paved primary driveway portion leading to the garage shall not exceed the width of the garage. (iii) Approval of a secondary driveway by the planning division shall require a plan indicating the location and improvements of the secondary driveway and the paved parking area in the side or rear yard. (iv) The secondary driveway shall lead to a paved parking area intended for the parking or storage of vehicles in the side or rear yards which must be fully screened in compliance with section Article III, Division 6.

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53 (v) The secondary driveway is strictly for the purpose of providing access to the rear or side yard for the purposes stated above. No vehicles may be parked or stored on the secondary driveway in the front yard.
(vi) The maximum width of the secondary driveway shall be twelve (12) feet. (vii) The secondary driveway shall be made of grass-crete, turf-block, or similar material to allow grass/ground cover to grow in between the voids. The secondary driveway may be made of the same concrete/pavers/material of the primary driveway if it is designed as a ribbon driveway with two ribbon strips no wider than forty-two inches (42”) for each strip and a minimum of forty-two inches (42”) width of landscaping in between the ribbon strips and/or other paved areas. (viii) A minimum of fifty-percent (50%) of the front yard shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth in section 26-85 (General Landscaping Standards). *CODIFIES EXISTING POLICY*
(d) Single-Family Building Height.
(1) No building or structure shall have more than two (2) stories or be more than twenty-five (25) feet above finished grade.
(2) Chimneys, vents and other such incidental appurtenances shall conform to the standards set forth in 26-65. (3) Subterranean garages shall not be included in the measurement of height nor counted as a story. (4) Buildings on lots in excess of twenty thousand (20,000) square feet may exceed the maximum height limit stated in subsection (a) by one (1) foot for every five hundred (500) square feet of floor area in excess of twenty-five hundred (2,500) square feet. Such increase in height shall increase the yard requirements on a foot-to-foot ratio, i.e., one (1) foot of additional height requires eleven-foot side yards and twenty-six-foot front and rear yards, five (5) feet of additional height requires fifteen-foot side yards and thirty-foot front and rear yards, however no structure shall exceed two (2) stories and thirty-two (32) feet maximum height. (e) Setback regulations for R-A and R-1 Zones, except as set forth in 26-46(g). (1) Front Yard Setback.
(i) Determination of Front Yard Setback on Corner Lots. On corner lots, the narrower street frontage is normally the front lot line. However, the Community Development Director or their designee may determine that a longer street frontage comprises the front lot line, in consideration of other factors including house orientation, orientation of nearby houses, and access. *CONSISTENT WITH EXISTING DEFINITION OF “FRONT “YARD”*
(ii) For flag-lots extending from a street or right-of-way to the building area of the parcel, the front yard setback measurement shall be taken from the nearest point of the wall of the structure or support post to the point where the access point or “flag pole” meets the bulk of the parcel along a continuous line, establishing a parallel setback line. *CODIFIES EXISTING POLICY* (iii) Every lot or parcel zoned R-A or R-1 shall have a front yard not less than twenty-five (25) feet from the property line, except for lots with a gross lot area of 7,500 square feet which shall have a front yard setback of twenty (20) feet.
(2) Side Yard Setback:
(i) Five (5) feet for lots less than 14,400 square feet; (ii) Seven (7) feet for lots between 14,400 and 20,000 square feet; (iii) Ten (10) feet for lots greater than 20,000 square feet; (iv) On any corner lot, no residence facing the side street shall be located within twelve and one-half (12½) feet of the side street property line.

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54 (v) Reverse corner lots: Shall have the same side yard requirements as interior lots except the street side setback for the entire depth of the lot shall be no less than fifty (50) percent of the required front yard of the lot to the rear.
(3) Rear yard setbacks for lots zoned R-A and R-1.
(i) Lots not exceeding an area of 7,500 square feet shall have a rear yard setback of fifteen (15) feet. (ii) Lots 7,500 square feet or more shall have a rear yard setback of twenty-five (25) feet; (iii) For lots within the Hillside Overlay Zone with graded pads, a minimum ten-foot substantially flat area for pedestrian and emergency access shall be provided between the rear of the house and the slope, measured perpendicularly from the structure (a one-story open patio cover may be located in the level area in compliance with other development standards). Legal nonconforming structures in existence prior to February 21, 2014 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming structures were legally established and maintained.
(f) Permissible coverage of required rear yards.
(1) Sixty (60) percent of the required rear yard in R-A and R-1 zones shall remain open; and the remaining forty (40) percent of the required rear yard may be covered by single story construction with a height of no greater than fifteen (15) feet.
(i) Garages and/or storage sheds may exceed the fifteen (15) feet height limitation by no greater than five (5) feet, subject to an administrative review set forth Article VI, Division 6 (Administrative Permit), provided that the Community Development Director or their designee determines that the design of the proposed garage or storage shed is compatible with other structures on the property and is at least fifteen (15) feet away from any permitted structure and/or swimming pool located on a neighboring property.
(ii) No construction shall be permitted within five (5) feet of the rear property line, except as set forth in Article III, Division 2 (Accessory Structures).
(g) Special setback requirements and/or exceptions to basic setbacks. (1) Nonhabitable accessory structures.
(i) All nonhabitable free-standing roofed accessory structures with a projected roof area of less than one hundred twenty (120) square feet or nonroofed structures with a total floor area of less than one hundred twenty (120) square feet, and no taller than seven (7) feet in height in yards which are screened by fencing or shrubs at least five (5) feet tall may encroach into the required interior side yard behind the main building, and the required rear yard. (ii) All nonhabitable free-standing roofed accessory structures greater than one hundred twenty (120) square feet and greater than seven (7) feet in height shall be set back 4’-0” from the interior side and rear property lines provided that provisions within sections 26-46(f) and 26-46(g) are complied with. (2) Flags and flagpoles shall be subject to the regulations found in subsection Article III, Division 8. (3) Swimming pools, spas, and sports courts.
(i) Swimming pools, spas, sports courts, and other similar private recreation areas shall be setback a minimum of five (5) feet from the interior side and rear property lines. a) Swimming pool/spa setback shall be measured from the property line to the back of the bond beam. *CODIFIES EXISTING POLICY*
b) Sports court setback shall be measured from the property line to the sport court fencing and/or playing surface, whichever is closest.

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55 (ii) Pools/spas and sports courts may be permitted within the front yard through an administrative permit process provided that there is a minimum five (5) feet setback to adjoining properties, the city engineer has determined that there will not be a line-of-sight safety concern and the Community Development Director determines that the lot configuration, building placement, and/or street location justify the proposed pool/spa location due to the uniqueness of the property. (iii) Temporary playing surfaces on grass and/or on the driveway are not regulated by this zoning code provided that the equipment is moved and stored out of the required setbacks after each use. (4) Mechanical equipment.
(i) Mechanical equipment (HVAC system, pool equipment, tanked water-heater, generator, or similar) shall be setback a minimum of five (5) feet from the side and rear property lines. (Ex. Code requires compliance with structural setback requirements)
(ii) Mini-split air-conditioning units, wall/window air-conditioning units, tankless water-heaters, or similar equipment may be located within the required side and rear setbacks provided that the equipment does not extend beyond the eave of the dwelling unit and is screened from public right-of-way views. (iii) In no case shall mechanical equipment be located within the front yard. (iv) All mechanical equipment shall be screened from public right-of-way views. *CODIFIES EXISTING POLICY*
(v) Air conditioning and heating ducting shall not be exposed on roofs. (vi) Roof-mounted mechanical equipment may be allowed, subject to review by the community development director (or their designee) and approval of an Administrative Permit as follows:
a) The house is existing and does not have an attic;
b) The unit is not visible from the street and can be screened from all ground level views; c) A detailed description of the screening material and construction method shall be provided and shall be architecturally compatible with the building. (5) Canopy structures.
(i) Canopy structures shall be prohibited in the front yard and street side yard (refer to Section 26-46 (d)), with the following exceptions:
a) Canopy structures with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet shall be permitted within a street side yard area that is fully screened by fencing or shrubs at least five (5) feet in height. b) Canopy structures with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet shall be permitted in front yard and street side yard areas where located at a distance of fifty (50) feet or greater from the front or street side property line and/or which are not readily visible from the street (as determined by the community development director or their designee) due to topographical conditions. Canopy structures shall be permitted in other areas of a lot with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet, with the exception that canopy structures encroaching into the interior side yard and/or the rear five (5) feet of the rear yard shall only be permitted with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet.
(ii) Repair and maintenance. Canopy structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any canopy structure considered to be in disrepair, as determined by the community development director or their City of West Covina
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56 designee, shall be repaired, replaced or removed from the site. Reflective, mirrored type, covering material shall be prohibited.
(iii) Lot coverage. Canopy structures requiring the issuance of a building permit (i.e., those that are considered structures as defined by the Uniform Building Code) with a projected roof area of one hundred twenty (120) square feet or greater shall be considered building coverage and shall be included in calculations of maximum building coverage as set forth in Section 26-46(c). (6) Animal keeping areas. A minimum separation of thirty-five (35) feet shall be maintained between a structure used for habitable purposes, swimming pool or spa and animal keeping areas. Animal keeping areas shall include barns, corrals, or stables, to maintain a horse or any other animal mentioned in section 26-111. Legal nonconforming uses or buildings in existence prior to June 14, 2012 that do not fully meet the stated separation requirements, may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming uses and buildings were legally established and maintained. Any addition to, or expansion of, such structures, however, shall cause the stated separation requirements to apply.
(7) The provisions of this section shall not be construed to limit or interfere with the authority of homeowner associations that determine that such encroachments are undesirable in their particular case to incorporate the prohibition of such encroachments into their conditions, covenants and restrictions. (8) All structures must conform to the requirements of the Uniform Building Code, if applicable. (9) For the purpose of this section, the projected roof area shall mean the horizontal square feet of roof, excluding slope, but including overhang.
(h) Second-story setbacks regulations for R-A and R-1 Zones. (1) Front Yard: When the first story of an existing single-family structure is built within thirty (30) feet or less of the front property line, the front yard setback of any future second story addition or expansion shall be a minimum of thirty (30) feet, except for lots less than 7,500 square feet in area, where the second story shall be set back a minimum of twenty-five (25) feet.
(2) Side Yard: When the first story of an existing single-family structure is built within ten (10) feet or less of the side property line, the side yard of any future second story addition or expansion shall be a minimum of ten (10) feet. The following exception may be allowed, subject to community development director (or their designee) review and the approval of an Administrative Permit, in cases where an existing secondstory has a second-story setback that is less than ten (10) feet on an elevation:
(i) Said side yard second story setbacks may be the same as the existing second story setback if no portion of a building or structure (existing or proposed) encroaches through a daylight plane that is projected above each setback line and sloping inwards at a forty-five (45) degree angle measured at a point ten (10) feet above the finished grade level along the side property line toward the opposing side property line. (REMOVED ANGLE-PLANE TABLE AND SIMPLIFIED CODE TO THE 45 DEGREE ANGLE PLANE FOR ALL LOTS RATHER THAN 45, 50, AND 55 DEGREE ANGLE PLANES DEPENDING ON LOT WIDTH) (ii) Said side yard second story setback shall not be required along any side yard which abuts property zoned for or developed with a nonresidential use (e.g. schools and parks) or a public right-of-way, flood control channel, or utility easement upon which no residential structures may be developed. (iii) As used in this section, second story setback shall also apply to any portion of the first story under a sloped roof with a ridge height greater than sixteen (16) feet and/or an exterior wall height greater than twelve (12) feet above the finished adjacent grade. The gable end of a sloped roof shall not be included in the exterior wall height calculation.
(iv) The second story setbacks stated in subsections (1) and (2) above on lots of 20,000 square feet or more shall not be required for developments which utilize the additional height provisions pursuant to section 26-46(d).

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57 26-47 Applicable Regulations for R-A and R-1 Zones
The provisions of this section are intended to reinforce community standards and to promote an attractive residential appearance in the City’s neighborhoods. These regulations apply to all residential uses in R-1 and RA zones.
(a) Precise Plan of Design.

A precise plan of design pursuant to Article VI, Division 3 of this Chapter is required for subdivisions where a specific plan is proposed. Particular attention shall be given to compatibility with adjacent residential and commercial zoning and uses. A precise plan must be approved prior to any development. (b) Lighting. Lighting shall be designed, installed, and maintained in such a manner that illumination spillover from such lighting does not exceed 2.0 foot candles above ambient illumination levels onto another residential property and glare spillover from such lighting will not negatively impact another residential property. (1) Illumination and/or glare spillover onto other property shall be measured from any point five (5) feet above natural grade on a vertical plane on the other property. Ambient illumination shall include only nonartificial light and street lights present exclusive of the offending light source. (2) If, upon inspection by authorized city staff, it is determined that a violation of this section is occurring, the community development director or their designee may require mitigation measures in order to minimize impacts, including, but not limited to: Relocation (setback, height restrictions) of the fixture, reduction of lamp wattage, the installation of hoods, shields, louvers, or other fixtures accessories to redirect light, the installation of coated or frosted lamp covers to soften glare, the re-aiming of the fixture, or the placement of landscaping or fencing as barriers.
(3) Sports court lighting shall be subject to the same standards and require the review and approval of the community development director or their designee prior to installation. During this review, photometric data and other information needed to determine compliance with these standards may be required by the community development director or their designee and are subject to the approval of an Administrative Permit.
(4) The restrictions of this subsection shall not apply to decorative, temporary, seasonal incandescent lights in place and in use during the period from November 1 and January 31. (c) Certain objects and materials prohibited in all yards. (1) No owner or occupant of any parcel of real property zoned for residential purposes shall maintain or permit to remain within the front yard, street side yard or any other portion of the property, except as otherwise permitted in this section:
(i) Any garbage or putrescible matter, whether mixed with rubbish or other matter or not. (ii) Any rubbish, whether combustible or noncombustible, other than garbage or putrescible matter. (iii) Any discarded, useless and unusable object, material or equipment. (iv) Any pile or accumulation of lumber or building materials, provided, however, that this subparagraph (iv) shall not apply to any parcel upon which a building is in the process of construction. (2) Objects and materials prohibited in paragraph (a) may be placed in the front yard or street side yard for a period not to exceed twenty-four (24) hours and may be stored in other portions of the property screened from public view for a period not to exceed ten (10) days. (3) All garbage and putrescible matter, whether mixed with rubbish or other matter shall be kept in a watertight container with close-fitting lids and ties. All rubbish, other than garbage or putrescible matter shall be kept in a metal container or other substantial and adequate container. (4) As used in this section, a “front yard” refers to all space between the main building (also the projection of the main building to the side property lines) and the front property lines. “Street side yard” refers to all City of West Covina
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58 space between the main building (also the projection of the main building to the front and rear property lines) and the street side property line of a corner lot, which is not totally screened from public view by a six-foot-high solid fence or wall. “Other portions of property” shall mean those portions of property not included in the front yard or street side yard and screened from public view with a six-foot-high solid fence or wall.
(d) Landscape Maintenance.
(1) The purpose of this section is to protect the properties in residential neighborhoods by establishing minimum maintenance standards for maintenance of landscaping on residential properties. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to allow the existence of any of the following conditions on such property, which conditions are listed by way of example and not of limitation:
(i) Overgrown vegetation; unmaintained grass lawns and/or weed areas which are one (1) foot in height or greater; which are likely to attract or harbor rats or vermin; to become a fire menace when dry; or which are otherwise dangerous to the public health and welfare. a) Weeds are those uncultivated, noxious plant groups that compete with cultivated garden plants for water, nutrients, light and space.
(ii) Dead, decayed, diseased or hazardous trees and/or other vegetation. (iii) Lack of landscaping or the maintenance thereof.
a) Landscaping, as used in this section, shall, by example and not by limitation, mean healthy and viable cultivated vegetation common to most residences and/or planned drought-tolerant landscaping systems.
1) Drought-tolerant landscaping systems are generally characterized by alluvial rock garden formations and/or native California flora or other plants selected for drought tolerance, adaptability and relationship to West Covina environment; color, form and pattern; ability to provide shade; soil retention and fire resistance.
b) Maintenance, as used in this section, shall, by example and not by limitation, mean watering, weeding, pruning, trimming, mowing, insect control the replacement or irrigation equipment as needed to preserve the health and appearance of landscaping when visible from streets, rights-of-way, and adjacent properties at or above grade level. (2) All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Article III, Division 5 of this Development Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.

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59 (3) Violations of this section shall be subject to enforcement procedures found in Section 1-37.2 of the West Covina Municipal Code. This section shall not supersede any provisions or regulations required by public and governmental agencies that may conflict with the intent and provisions contained in this section. (e) Maintenance of buildings and structures
(1) The purpose of this section is to protect the appearance, character, and integrity of residential neighborhoods and promote safe and decent housing by establishing minimum standards as they relate to the maintenance of residential buildings and structures. It shall be unlawful for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to maintain on such property any of the following when viewable from the public right-of-way or abutting properties:
(i) Buildings or structures which are neglected as a result of abandonment, are partially destroyed or have remained in a state of incomplete construction for an unreasonable period of time as determined by the community development director or their designee and building official. (ii) Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess of ten (10) percent of the surface area.
(iii) Roofs with loose, unstable or missing tiles, shingles or other material used as roof composition in excess of ten (10) percent of the roof area.
(iv) Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance. (v) Buildings or structures whose exteriors, porches, steps, stairs, walls, devices, fences, driveways, or walkways are cracked, broken, defective, deteriorating, in disrepair, or defaced due to writing, inscription, or figures rendering these items unusable for their purpose and constituting in the opinion of the community development director or their designee and building official a hazardous condition or an attractive nuisance.
(vi) Garage doors that are missing, broken, sag, or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance. (vii) Any structure or building or portion thereof which, as compared to adjacent properties, is unsightly in appearance and out of character by reason of its condition. (f) Construction in Fire Hazard Severity Zones (FHSZ).
(1) The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety. (2) This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).
(3) Construction Standards, Building Materials and Design. (i) All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.
(4) Vegetation Management and Defensible Space.
(i) All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code. 26-48 Development Standards for Multi-Family Zones.

New land uses, structures, and site development including alterations to existing land uses, structures, and site development within multi-family residential zoning districts shall be designed and constructed in compliance with the following requirements, and all applicable standards in Article III (Regulations Applicable to all Zones), Article VI (Standards for Specific Land Uses) of this Development Code and the West Covina Multi-Family Residential Objective Design Standards.

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60 (a) Site size.
(1) The size of sites in multiple-family zones shall conform to the following table:

Table 2-5 Minimum Lot Size for Multi-Family Residential Zones MF-8 MF-15 MF-20 MF-45
Minimum Site Size 2 acres 1 acre 1 acre 20,000 sq. ft.

Minimum Width (feet) 150′ 150′ 150′ 100′*
Minimum Average Depth – – – 150′
*At the street line
(b) Density.
(1) The maximum number of dwelling units per net acre shall be as follows:

Table 2-6 Maximum Dwelling Units Per Acre for Multi-Family Residential Zones MF-8 MF-15 MF-20 MF-45
Maximum dwelling units per net acre 8 15 20 45
(c) Lot Coverage
(1) The maximum building coverage of all structures multi-family residential zones shall not exceed the following:
(i) Lots zoned MF-8 – forty-five (45) percent of the total lot parcel area; (ii) Lots zoned MF-15 and MF-20 – fifty-five (55) percent of the total lot parcel area; (iii) Lots zoned MF-45 – seventy (70) percent of the total lot parcel area. (2) Ground coverage shall be the total amount of land covered by residential structures, carports or garages, and all paved areas used for parking and accessways. Decks, patios, recreation rooms, pedestrian walkways, and terraces shall be excluded. Such coverage shall conform to the following table:
(d) Maximum building height.
(1) The maximum building height shall conform to the following table:

Table 2-7 Maximum Building Height for Multi-Family Residential Zones MF-8 MF-15 MF-20 MF-45
Maximum height, when not within 100 feet of single-family zones. 30’ 45’ 45’ 55’ Maximum height, when within 100 feet of single-family residential zones. 25′ 25′ 35′ 40′ (2) When there is a difference in site elevation and the abutting property zoned single-family is of such elevation that its view will not be impeded, at the discretion of the planning commission, the maximum building height limit may be waived.
(e) Building setbacks from property lines.
(1) Front. The front setback from the property line shall be governed by the following table:

Table 2-8 Minimum Required Front Yard Setbacks for Multi-Family Residential Zones Zone Minimum Setback (in feet) Average Setback (in feet) MF-8 15 20
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61 MF-15 15 20
MF-20 15 20
MF-45 15 –
(2) Side. The side setback and upper-story setbacks from the property line shall be governed by the following table:

Table 2-9 Minimum Required Side Yard Setbacks for Multi-Family Residential Zones Zone Interior Interior Abutting R-A/R-1 Zones Adjacent to Street, Minimum Setback; Average Setback MF-8 10 ft. 1 story: 10 ft. 15 ft.; 20 ft.
2 story: 20 ft.

MF-15 10 ft. 1 story: 10 ft. 15 ft.; 20 ft.
2 story: 20 ft.
3 story: 30 ft.

MF-20 10 ft. 1 story: 10 ft. 15 ft.; 20 ft.
2 story: 20 ft.
3 story: 30 ft.

MF-45 2 story: 5 ft. 1 story: 5 ft.
3 or more: 10 ft. 2 story: 10ft.
3 story: 15 ft.

Plus 5 ft. per each additional story
Notes: In the MF-45 zone, on reverse corner lots, the side yard abutting the street shall be a minimum of 15 ft. (3) Rear. The rear setback and upper-story setbacks shall be governed by the following table.

Table 2-10 Minimum Required Rear Yard Setbacks for Multi-Family Residential Zones Zone Minimum Setback Abutting R-A/R-1, Minimum Setback
MF-8 20 ft. 20 ft.

MF-15 20 ft. 1 story: 20 ft.
2 story: 20 ft.
3 story: 30 ft.

MF-20 20 ft. 3 story: 30 ft.

MF-45 15 ft. 15 ft.
20’ for stories above 2nd floor
(f) Yards around buildings.
(1) In the MF-8, MF-15, and MF-20 zones: There shall be a minimum yard requirement around all main building exterior walls of ten (10) feet plus two (2) feet per additional story in height above the first floor plus one (1) foot per each twenty (20) feet of linear exterior wall or fraction of the building adjoining said yard. In the MF-45 Zone, the yard requirement shall be ten (10) feet plus two (2) per additional story in height above the first floor.
(2) The sum of the minimum yard requirements around all main buildings as set forth in (a) above, shall constitute the minimum distance between all main buildings.

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62 (3) Yards as per this section shall be open from the ground to the sky and shall be landscaped. Exterior stairways, balconies, and patios may extend into said yards not more than twenty-five (25) percent. (4) If parking is provided under the first story of a building, the landscaping requirements are waived for the distance of the parking spaces.
(5) Accessory buildings shall not encroach into any yard requirement of a main building, except as set forth in 26-48 of this Article.
(6) The yard requirement of an obliquely-aligned building may overlap if approved by the planning commission. (7) Yards around buildings, as set forth in this section, may coincide with setbacks from property line as required in 26-48(e) of this Article; the one having the greater distance shall prevail. (8) At the time of precise plan review as per Article VI, Division 3 of this Chapter, the Planning Commission may modify the required yards around buildings as set forth in this section, providing the following criteria have been met:
(i) The amount of site area involved shall be relocated within the recreational-leisure space areas as set forth in 26-48(i).
(ii) The end result shall be an improved overall project design other that otherwise would not occur if the modification were not granted.
(iii) The maximum permitted ground coverage set forth in 26-48(c) shall not be exceeded. (g) Building length
(1) In the MF-8, MF-15, and MF-20 zones, no building shall exceed a length of two hundred (200) feet. In the MF-45 zone, no building shall exceed a length of four hundred (400) feet. Buildings may be connected with walkways or at the roof, provided minimum distances between buildings as per section 26-48(f) of this chapter is met and approved by the planning commission. (h) Minimum floor area per dwelling.
(1) The minimum floor area per dwelling unit, in square feet, shall be as follows:

Table 2-11 Minimum Floor Area for Multi-Family Residential Zones Zone
Number of Bedrooms
Studio 1 2 3 4 Each Additional Bedroom Over 4
MF-8 600 900 1,050 1,250 1,650 +200
MF-15 600 800 1,000 1,200 1,350 +150
MF-20 600 725 900 1,100 1,250 +150
MF-45 500 600 800 990 1,125 +125
(i) Required Open SpaceRecreational-leisure space.
(1) Common open space shall be provided in conformance with the standards set forth in the West Covina Multi-Family Objective Design Standards (2022). A minimum of two hundred (200) square feet of usable recreational/leisure space for each dwelling unit shall be provided. Such space shall have a minimum horizontal dimension of fifty (50) feet for one (1) and two (2) story, and seventy-five (75) feet for three (3) story to qualify as usable recreational/leisure space. Recreational/leisure space shall be distributed throughout the development and readily accessible from all dwelling units. Such space may extend into the required side or rear yards, and only that portion which is utilized for recreational/leisure space shall be included in calculating the total area. Swimming pools, putting greens, court game facilities, recreational buildings, and other similar facilities may be included in this area.

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63 (2) Private open space. A minimum of two hundred (200) square feet per dwelling unit of usable private open space shall be provided. Such space shall have a minimum dimension of five (5) feet in width and depth.

Balconies, patio areas, and other similar space that is directly accessible from the unit may be included as private open space areas. Storage of any equipment other than patio furniture shall not be allowed within balconies and/or patio areas.
(j) Micro-units.
(1) A micro-unit project shall conform to the development standards set forth in 26-48, Development Standards for Multi-Family zones.
(2) Standards:
(i) Kitchen and bathrooms. Each micro-unit shall include a private kitchen and bathroom. (ii) Kitchens shall include at least the following;
a) Sink;
b) Stove with two burners;
c) Refrigerator with freezer;
d) Counter that is at least 18 inches by 24 inches; and e) A pantry and dry good storage cabinets with a minimum area of twenty (20) cubic feet. (iii) Bathrooms shall include the following:
a) Toilet;
b) Sink; and
c) Shower.
(iv) Storage space. Each micro-unit shall have a closet with a minimum of 48 square feet of storage. (v) Micro-unit developments shall provide a shared laundry room accessible to all units with one washer and dryer for every 12 micro-units.
(vi) Operations, management and security:
(vii) All micro-unit developments shall submit the following information describing the operational, management and security details of the project:
a) Description of general operations and onsite security plans; b) 24-hour onsite management for projects with fifteen (15) units or more; c) Emergency procedures.
26-49 Applicable Standards for Multi-Family Zones
The provisions of this section are intended to reinforce community standards and to promote an attractive residential appearance in the City’s neighborhoods. These regulations apply to all residential uses in multi-family zones.
(a) Precise Plan of Design
(1) The filing of a precise plan of design shall be required as part of an application for multiple-family zoning and as specified in Article VI, Division 3 of this chapter, or a planned residential development overlay zone and development plan as specified in Section 26-60 of this chapter. Such precise plans of design shall conform to Planning Commission Resolution No. 567. This shall not apply to development applications subject to administrative review pursuant to State Law or other sections of the West Covina Municipal Code.
(2) The review and approval process for an eligible Senate Bill 35 (SB35) housing project shall adhere to CGC Section 65913.4, as amended. For eligible SB35 projects, the community development director shall approve or deny the ministerial Precise Plan based on the West Covina Multi-Family Objective Design City of West Covina
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64 Standards (2022) adopted by the City. Within 30 days of such action, the community development director shall prepare a report to the Planning Commission, providing a description of the project and the nature of the approval. Any such Precise Plan approved under SB35 shall be valid for a period of three (3) years, with one (1) additional extension of time in a one-year increment. The Community Development Director or their designee may approve a one-year extension if the project proponent provides documentation that there has been significant progress toward getting the development construction ready, such as, but not limited to, the filing of a building permit application that is kept active. (b) Underground Utilities
(1) All utilities shall be underground in accordance with the Municipal Code and approved by the city engineer. (2) All utility hardware shall be placed underground or shall be screened from view with a decorative block or masonry wall or landscaping, to the maximum extent as allowed by the utility provider.

Such screening shall be as high as the highest portion of the equipment and shall be permanently maintained.
(c) Refuse and recycling collection and storage within multi-family residential zones. (1) Any new or existing multi-family development project of five (5) or more living units, an application for one (1) or more building permits for single or multiple alterations to be conducted within a twelve-month period which collectively add fifty (50) percent or more to the existing floor area of a living unit shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials as defined in this section.
(2) All outdoor trash, garbage, recycling and refuse containers shall be screened on all sides from public view by a minimum five and one-half (5½) foot high concrete, masonry or decorative block wall and the opening provided with a gate of durable wood or comparable material. Such area shall be so located as to be easily accessible for trash and recyclable material pick up. Type, texture and color shall be approved by the planning commission or planning director.
(3) The following guidelines will be applied to new and expanded development projects:
(i) Free-standing or exterior recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation. (ii) The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.
(iii) A sign clearly identifying all recycling collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas. (iv) Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project.
(4) The community development director or their designee shall review each application for adequate design and area allocation suitable to the particular recycling program or process to be in effect at the development project and shall apply these requirements and guidelines accordingly. (5) Any and all separate recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be part of or adjacent to the solid waste collection areas. (d) Lighting
(1) All lighting of the building, landscaping, parking area, or similar facilities shall be shielded and directed to reflect away from adjoining properties.
(e) Mechanical equipment in multi-family zones.

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65 (1) In multi-family residential zones, all ground-mounted mechanical equipment shall be completely screened behind a permanent structure, and all roof-top mechanical equipment shall be placed behind a permanent parapet wall and shall be completely restricted from views of the public rights-of-way abutting the site and from the first floor of neighboring properties. Such screening shall be as high as the highest portion of the equipment or ducting and shall be permanently maintained. All wall air-conditioner units shall be screened from view with material that is compatible and in harmony with the architectural styling and detailing of the building.
(f) Clothes drying areas.
(1) All clothes drying areas shall be screened on all sides by a fence or wall not less than six (6) feet high. (g) Maintenance of Standards, Buildings and Structures. (1) General. All improvements in the multiple-family zone shall be continuously maintained in a neat, orderly, and healthy condition. Said improvements shall include (but not be limited to) signs, landscaping, off-street parking, storage areas, and walls.
(2) Buildings and structures. The purpose of this section is to protect the appearance, character and integrity of multiple-family zoned properties and promote safe and decent housing by establishing minimum standards as they relate to the maintenance of residential buildings and structures. It shall be unlawful for any person owning or having charge or possession of any of the following when viewable from the public right-of-way or abutting properties.
(i) Buildings or structures which are neglected as a result of abandonment, are partially destroyed, or have remained in a state of incomplete construction for an unreasonable period of time as determined by the community development director or their designee and building official. (ii) Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess of ten (10) percent of the surface area.
(iii) Roofs with loose, unstable or missing tiles, shingles or other material used as roof composition in excess of ten (10) percent of the roof area.
(iv) Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance. (v) Buildings or structures whose exteriors, porches, steps, stairs, walls, devices, fences, driveways, or walkways are cracked, broken, defective, deteriorating, in disrepair, or defaced due to writing, inscription, or figures rendering these items unusable for their purpose and constituting in the opinion of the community development director or their designee and building official a hazardous condition or an attractive nuisance.
(vi) Garage doors that are missing, broken, sag, or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance. (vii) Any structure or building or portion thereof which, as compared to adjacent properties, is unsightly in appearance and out of character by reason of its condition. (h) Certain objects and materials prohibited in all yards. (1) The standards set forth in section 26-47(c) shall also apply to properties zoned for multi-family residential uses.
(i) Construction in Fire Hazard Severity Zones (FHSZ).
(1) The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety.

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66 (2) This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).
(3) Construction Standards, Building Materials and Design. (i) All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.
(4) Vegetation Management and Defensible Space.
(i) All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code.

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67 DIVISION 2 COMMERCIAL MIXED-USE, OFFICE MIXED-USE, AND MANUFACTURING ZONES (OPMU, NMU, SMU, RMU, M-1) [COMBINED EX. ARTICLES X AND XI, AND DIVISION 5 OF ARTICLE XIII]
26-50 Purpose and Intent by Zone (DELETED COMMUNITY-COMMERCIAL, C-2, C-3, PLANNED-INDUSTRIAL

ZONES, RELOCATED OPEN SPACE ZONE)
(a) Office-Professional Mixed-Use (OPMU) Zone.
(1) The purpose of the office-professional mixed-use (OPMU) zone is to classify and set standards for those business, office, administrative or professional land uses which by their nature are of relative low intensity and therefore, when properly located and designed are compatible with adjacent residential zoning and the development therein.
(2) Office-professional mixed uses should have access to four-lane or wider streets as specified on the master plan of streets and highways; on land that is topographically suited to such uses without major earth movement, resulting in unsafe or unsightly cut or fill slopes; situated to serve several neighborhoods; and capable of serving as a buffer separating residential land uses from the more intense community, regional, service, or highway commercial uses.
(b) Neighborhood-Commercial Mixed-Use (NMU) Zone.
(1) The purpose of the neighborhood-commercial mixed-use (NMU) zone is to classify and set standards for those retail and service commercial uses which by their nature are of moderate intensity; are necessary in order to provide convenient daily shopping facilities to residential home and apartment dwellers; and are generally adjacent to or within close proximity to residential zoning or development and, therefore, require extraordinary physical treatment in order to guarantee compatibility with and protection to surrounding properties and their values.
(2) Neighborhood-commercial mixed-use centers should serve several neighborhoods and be located with primary access to a four-lane or wider street, preferably at the intersection of a major and collector street or two (2) four-lane or, wider streets. Land so utilized should be topographically suited to such use without major earth movement, resulting in unsafe or unsightly cut or fill slopes. (c) Regional-Commercial Mixed-Use (RMU) Zone.
(1) The purpose of the regional-commercial mixed-use (RMU) zone is to classify and set standards for a regional business center which provides a complete line of shop and store types, eating and entertainment facilities, business and financial services and multi-family residential uses. The dominant establishments are one (1) or more department stores flanked by specialty shops. (2) Regional-commercial business and mixed-use centers shall be in a strategic location to serve the general regional area of the East San Gabriel Valley and have direct access on major traffic carriers (i.e., freeways or four-lane or wider streets or highways). Land should be topographically suited for such use. (d) Service-Commercial Mixed-Use (SMU) Zone.
(1) The purpose of the service-commercial mixed-use (SMU) is to classify and set standards for those retail and service commercial, recreational, business office and multi-family residential land uses which by their nature are of a relative high intensity; are unique in that their success depends upon direct motorist exposure and excellent access; require special traffic circulation patterns that will not unduly restrict rapid traffic flow and extraordinary physical treatments in order to create compatibility with adjacent zoning and the development thereon.

City of West Covina
Development Code Ordinance Update: Draft
68 (2) Service-commercial uses should have access to a four-lane or wider street or highway as specified on the master plan of streets and highways, on land that is the same grade level as the street or highway without major earth movement, resulting in unsafe or unsightly cut or fill slopes.

City of West Covina
Development Code Ordinance Update: Draft
69 (e) Manufacturing (M-1) Zone.
(1) The purpose of the manufacturing zone is to classify and set standards for those industrial and incidental commercial facilities which are of moderate to heavy intensity and have no objectionable or obnoxious effect on any adjacent property. The developmental and operational standards are intended to provide compatibility with and protection to surrounding properties by minimizing traffic congestion, noise, glare, vibration, emission of odorous, toxic or noxious matter, and to provide adequate off-street parking, landscape buffering, and the proper placement of buildings. (2) Manufacturing uses should have primary access to a four-lane or wider street or highway as specified on the master plan of streets and highways. Land so utilized should be topographically suited to such use without major earth movement, resulting in unsafe or unsightly cut or fill slope. 26-51 Land Use Regulations and Allowable Uses
(a) Permitted uses. Table 2-12 identifies land uses permitted in each commercial, office and industrial zoning districts.

Table 2-12 Uses and Permit Requirements [CHANGED AUP TO ADMINISTRATIVE PERMIT W/HEARING, CHANGED ADMINISTRATIVE REVIEW TO ADMINISTRATIVE PERMIT; USES ORGANIZED BY CATEGORY AND CONSOLIDATED INTO ONE LARGER TABLE]
Symbol Permit Requirement Procedure Section
x Allowed by Right –
AP Administrative Permit Article VI, Division 6
APH Administrative Permit w/ Hearing Article VI, Division 6; Article VI, Division 1 CUP Conditional Use Permit Article VI, Division 4; Article VI, Division 1 Use not permitted –
Uses and Permit Requirements for MixedUse Zones Zones
Use Types OPMU NMU RMU SMU M-1 Special Regulations
Residential Accessory Uses
Accessory uses and structures X X X X
Accessory dwelling units, junior accessory
units
X X X X Article IV, Division 2
Agricultural uses
Agricultural Section 26-111
Agricultural uses (on parcels of 10 acres or
greater)
Section 26-111
Beekeeping APH
Residential uses
Duplexes X X X X
Employee Housing, farmworker
(agricultural) Housing
X X X X Section 26-134
Emergency shelters (Homeless), up to 30
occupants within City
X X X X X Section 26-118
Emergency shelters (Homeless), greater
than 30 occupants within City
CUP Section 26-118
Live/work units X X X X
City of West Covina
Development Code Ordinance Update: Draft
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Low barrier navigation centers X X X X Article IV, Division 7 Mobile home park X X X X Section 26-122
Micro-units, efficiency units X X X X
Multi-family residence X X X X
Orphanages
Roominghouse
Short-term rentals
Supportive housing X X X X Section 26-133
Transitional housing X X X X Section 26-133
Industrial and Manufacturing uses1
Administrative, research, professional or
sales office related.

X
Agricultural, industrial and construction
equipment sales and rental.

AP
Aircraft factories. AP
Automobile assembly, body and fender
works, dismantling and used parts storage
when operated or maintained wholly
within a building.

AP
Automobile painting. All painting, sanding
and baking shall be conducted wholly
within a building.

AP
Bakeries, industrial or wholesale. AP
Blacksmith shops. AP
Body and fender works, including
painting.

AP
Bottling plants. AP
Breweries and distilleries, with or without
tasting or tap rooms
AP AP AP Section 26-109
Building material storage yard. AP
Carpet cleaning plants. AP
Cleaning and dyeing plants. AP
Contractor’s storage yards. AP
Creameries. AP
Dairy products manufacture. AP
Disposal company. AP
Draying, freighting or trucking yards or
terminals.

CUP
Dry cleaning, wholesale. AP
Dry cleaning or laundry, non-retail (nonflammable and nonexplosive cleaning fluid to be used exclusively)
AP
Dwelling (one) for caretaker or
superintendent and his family on a
factory site.

AP
City of West Covina
Development Code Ordinance Update: Draft
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Fabricating from steel or metals. AP
Feed and fuel yards. AP
Fence manufacture. AP
Food products manufacture. AP
Frozen food locker. AP
Fruit and vegetable canning, preserving
and freezing.

AP
Fruit packing houses. AP
Furniture manufacturing. AP
Garages, public. AP
Garment manufacture. AP
Gas (petrol) distributor. AP
Ice and cold storage plants. AP
Kennels. AP
Laboratories, experimental, motion
pictures, testing.

AP
Landscaping service. AP
Laundries. AP
Limited manufacturing, assembling
testing, and repairing of components,
devices, electrical, electronic, or
electromechanical equipment, optical
devices, and other similar equipment and
systems such as but not limited to:
television, radio, phonographs, and other
audio units and systems, Data processing
equipment and systems, and electrical
appliances.

AP
Limited manufacturing, assembling,
compounding, or treatment of articles or
merchandise from previously prepared
materials such as but not limited to: cloth,
fiber, glass, metals and plastics
AP
Lumberyards. AP
Machine shops. AP
Manufacturing. AP
Manufacturing, compounding processing,
packaging or treatment of products from
previously prepared materials including,
but not limited to: bakery goods,
cosmetics, food products and
pharmaceuticals
AP
Manufacture of prefabricated buildings. AP
Model making for industrial and
architectural designing.

AP
Paint mixing, provided a boiling process is
not employed.

AP
Petroleum distributing stations AP
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Development Code Ordinance Update: Draft
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(wholesale).

Plastics, fabrication form. AP
Poultry slaughter. AP
Printing, publishing, blueprinting,
photocopying, and other photo
reproduction services.

AP
Rubber, fabrication of products made
from finished rubber.

AP
Shoe manufacturers. AP
Sign shop, industrial. AP
Soap manufacture, cold mix only. AP
Storage space for transit and
transportation equipment, except freight
classification yards.

AP
Textile manufacture. AP
Tire rebuilding, recapping and retreading. AP
Transfer, moving, and storage facilities. AP
Truck repairing and overhauling. CUP
Vending machine service and repair. AP
Wholesale business, storage buildings and
warehouses.

AP
Service, recreational, educational and public assembly uses Adult care centers CUP CUP CUP CUP
Adult oriented businesses, with or without
live entertainment
CUP CUP Section 26-108
Aircraft landing facilities, Emergency X X X X
Aircraft landing facilities, Nonemergency CUP CUP CUP CUP Artisanal and craft manufacturing1 AP AP X
Alcohol off-sale, accessory; No more than
10% of total gsf.

AP AP AP AP Section 26-109
Alcohol off-sale, service stations, accessory CUP CUP CUP CUP CUP Section 26-109 Alcohol off-sale, instructional tasting,
accessory
APHCUP APHCUP APHCUP APHCUP Section 26-109
Alcohol on-sale; for nonprofit clubs and
country clubs, see separate headings)
CUP CUP CUP Section 26-109
Alcohol Sales (off-sale), up to 10,000 sq. ft.
in GFA –areas of undue concentration
CUP CUP CUP CUP Section 26-109
Alcohol Sales (off-sale), up to 10,000 sq. ft.
in GFA – not within an area of undue
concentration
APH APH APH APH Section 26-109
Alcohol Sales (off-sale), greater than
10,000 sq. ft. in GFA
APH APH APH APH Section 26-109
Alcoholic treatment institutions CUP CUP CUP CUP
Ambulance service CUP CUP CUP CUP
Appliance repair shops X X X
Art galleries X X X X
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Art studio X X X X
Athletic club/Gymnasium APH APH APH APH APH Section 26-119 Automated teller machines (walk-up) on
the premises of a financial institution

AP AP AP AP AP
Automated teller machines (walk-up) not
on the premises of a financial institution

AP AP AP AP AP
Automated teller machines (drive-up) CUP CUP CUP CUP CUP Auto rentals (outdoor display) CUP CUP CUP
New automobile, motorcycle, auto or truck
trailers, truck sales, including accessory
used vehicle sales, vehicle sales, accessory
servicing, repairs, and incidental auto
rental (sales and display areas need not be
within buildings, but all other provisions of
this code shall apply) (outdoor display)
X X
Used automobile, motorcycle, auto or
truck trailers, truck sales, including
accessory servicing, repairs, and incidental
auto rental (sales and display areas need
not be within buildings, but all other
provisions of this code shall apply)
(outdoor display)

CUP CUP
Motor vehicle sales, new or used including
any accessory services (Outdoor Display)
Less than 1-Acre

CUP CUP
Auto service stations CUP CUP CUP CUP Section 16-128
Auto repair garage (includes major
overhaul, paint and body repair, but
excludes tire recapping)
CUP X
Auto repair garage including public storage
of vehicles
AP
Auto supply stores (w/installation) CUP X X
Auto supply stores (excludes installation) CUP X X X X
Bail bond service X X
Bakery shops, food manufacturing, less
than 5,000 square feet.

X X X X X
Bank, savings and loan associations, and
similar financial institutions (also see
automated teller machines)

X X X X X
Bars, cocktail lounges, without incidental
food use
CUP CUP CUP Section 26-109
Barber and beauty shops with accessory
permanent make-up use

X X X X X
Barber, beauty, and jewelry shops with
accessory body piercing use
AP AP Ear-piercing allowed byright as accessory use
Billiard parlor and pool halls CUP CUP CUP CUP
Boat sales, new or used, including related
servicing and repairs (out-door display)
X X
Boat sales, new or used, including related
servicing and repairs (out-door display) and

CUP CUP
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(adjacent to residential)
Bowling alley CUP CUP
Building material sales (excludes
lumberyards) (outdoor display)
X X X
Building material sales (excludes
lumberyards) (outdoor display) CUP when
adjacent to residential

CUP CUP CUP
Building material sales (outdoor display) CUP X
Business equipment sales (includes repairs) X X X X
Cabinet shops X X
Cannabis dispensaries, cultivation,
processing manufacturing and dispensing
Section 26-113
Car wash (for accessory use) CUP CUP CUP
Catering service X X X X X
Cemeteries, columbarium, crematories and
mausoleums
Churches CUP CUP CUP CUP CUP
Club, private non-profit (serving of alcohol
allowed only with a club as defined by
Section 23428.9 of the California Business
and Professions Code;

CUP CUP CUP CUP CUP
Cocktail lounge: Serving of alcohol
permitted only in conjunction with a bona
fide eating place as defined in section
23038 of the California Business and
Professions Code
CUP CUP CUP CUP Section 26-109
Coffee/snack shop X X X X X
Collection agencies X X X X
Commercial radio or television stations CUP CUP CUP CUP CUP Computer game/internet access centers,
accessory, up to nine (9) computers

AP AP AP AP
Computer game/internet access centers,
accessory, up to ten (10) or more
computers

CUP CUP CUP CUP
Computer game/internet access centers,
main use

CUP CUP CUP CUP
Contracting services X X X X X
Counseling services X X X X X
Convention hall, trade show, exhibit
building

CUP CUP CUP CUP CUP
Conversions from apartments to
condominiums
CUP CUP CUP CUP Section 26-364
Country clubs (serving of alcohol allowed
only with a club as defined in Section
23428.9 of the California Business and
Professions Code
Section 26-109
Community assembly facility (public or
private)
CUP CUP Section 26-114
City of West Covina
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Dancing in conjunction with a commercial
use

CUP CUP CUP CUP
Data processing X X X X
Day care centers CUP CUP CUP CUP
Delicatessens X X X X X
Department stores X X X
Drive-in, drive-through, walk-up
commercial uses (pharmacies and
bank/atms ONLY)

CUP CUP CUP CUP CUP
Drive-through (food establishments)
Dry cleaning or laundry, retail only, (nonflammable and nonexplosive cleaning fluid to be used exclusively)
X X X
Electronic and TV repair shops X X X X X
Entertainment (live) in conjunction with a
commercial use (excludes karaoke and solo
musicians, excludes adult oriented
businesses)

CUP CUP CUP CUP
Entertainment (live) solo musicians as
background music and Karaoke in
conjunction with a commercial use
(excludes adult oriented businesses)

AP AP AP AP
Exterminators X X
Feed and grain stores X X
Florist shops X X X X
Fortune-telling X X
Game arcades, escape rooms, laser tag,
virtual reality rooms, and other indoor
recreation facilities with alcohol service in
conjunction with food sales
CUP CUP CUP CUP Section 26-110
Game arcades, escape rooms, laser tag,
virtual reality rooms, and other indoor
recreation facilities, no alcohol service
APH APH APH APH Section 26-110
Glass shops (excludes edging, beveling,
silvering and staining)

X X X X
Glassworks and glass studios, includes
edging, etc.

X X
Golf course, indoor miniature APH
Golf course, outdoor miniature x
Golf courses or golf driving ranges CUP CUP CUP CUP CUP Grocery stores X X X X
Gun shops X X X
Hospitals (human) CUP CUP CUP CUP
Hotels (excluding adult hotels/motels) CUP CUP
Ice Cream Stores X X X X X
Institutions of philanthropic nature CUP CUP CUP CUP
Jewelry stores X X X X
City of West Covina
Development Code Ordinance Update: Draft
76 Uses and Permit Requirements for MixedUse Zones Zones Use Types OPMU NMU RMU SMU M-1 Special Regulations
Jewelry stores with accessory body piercing
use
AP AP
Kennel, Accessory CUP
Laboratories (medical and dental) X X X X X
Landscaping service (office only) X X X X
Locksmith shops X X X
Massage parlor and health and beauty spa CUP Section 26-121 Massage parlor and health and beauty
spa,Centers greater than 500,000 sq. ft. in
GFA
CUP Section 26-121
Massage, Accessory AP AP AP AP Section 26-121
Meat markets X X X X
Medical and dental clinics X X X X X
Medical (Minor non-surgical procedures) X X X X X
Mental health institutions and
convalescent homes

CUP CUP CUP CUP
Mobile services X X X X X Section 26-123
Monument, tombstone, and funeral
merchandise
X X
Mortuaries CUP X X
Motels (excluding adult hotels/motels) CUP CUP
Movie/video game rental X X X X
Newspaper and printing shops X X
Newsstands (not on public right-of-way) X X X X X
Office (General) X X X X X
Outdoor recreation facility CUP CUP CUP CUP
Outdoor amusement devices, vending
machines, weighting scales and similar as
an incidental, auxiliary or accessory use of
those allowed in the zone
X X X X Section 26-110
Outdoor seating area in conjunction with a
commercial use

AP AP AP AP
Parcel delivery terminals X X
Parks X X X X X
Pawnshops X X
Permanent makeup and/or body piercing
use, accessory or primary
X X X X Section 26-112
Pet grooming shop X X X
Pet shops X X X X
Pharmacies X X X X
Pharmaceutical research and development X X
Physical rehabilitation center X X X X
Photo engraving and blue print shop X X X X
Photo studios X X X X
City of West Covina
Development Code Ordinance Update: Draft
77 Uses and Permit Requirements for MixedUse Zones Zones Use Types OPMU NMU RMU SMU M-1 Special Regulations
Picture framing stores X X X
Plant nurseries and related packaged sales
or storage (outdoor display)

X X X X
Plant shop X X X
Plumbing shops X X X X
Postal services X X X X X
Professional, business and trade schools CUP CUP CUP CUP CUP Public administration buildings and civic
centers

X X X X X
Public utility stations, yards, wells and
similar facilities

CUP CUP CUP CUP CUP
Public storage facility CUP CUP
Recording studio AP AP AP AP AP
Recycling centers; Small collection facilities
not in conjunction with materials recovery
facility or solid waste transfer and
processing station, reverse vending
machine(s)/bulk reverse vending machine,
recycling centers Donation; drop boxes
(attended); water service facilities
(attended)
AP AP AP AP Section 16-127
Recycling center; Reverse vending
machine(s) located within or under the
roof line of a commercial structure
X X X X Section 16-127
Recycling centers; Materials recovery
facility
CUP Section 16-127
Recycling centers; Solid waste transfer and
processing stations
CUP Section 16-127
Religious facility, reading rooms CUP CUP CUP CUP CUP
Rental service as listed in this section as
retail providing all storage of rental
equipment shall be within an enclosed
building unless specifically stated
otherwise
X X X
Rental service as listed in this section as
retail providing all storage of rental
equipment shall be within an enclosed
building unless specifically stated
otherwise, with outdoor display of rental
CUP X
Reprographics X X X X X
Restaurant, with or without seating (e.g.
ghost kitchens.

X X X X Section 26-128
Restaurant, commercial test kitchen X X X X X Section 26-128 Restaurant with Alcohol AP AP AP AP
Restaurant with dancing CUP CUP CUP CUP
Restaurant with outdoor seating AP AP AP AP Section 26-125 Restaurant Self Service Kiosk X X X X
Retail (General) X X X X
City of West Covina
Development Code Ordinance Update: Draft
78 Uses and Permit Requirements for MixedUse Zones Zones Use Types OPMU NMU RMU SMU M-1 Special Regulations
Retail, Kiosk accessory use AP AP AP AP
Riding stables and riding schools (7 acres
minimum site)
Schools and colleges (private or public) CUP CUP CUP CUP Schools (dancing, martial arts, music, art
and similar type schools)

AP AP AP AP AP
Studio-art, dance, martial arts, music, etc. AP AP AP AP Secondhand stores AP AP XAP
Security guard services X X X X
Shoeshine stands (as integral part of other
building)

X X X X X
Senior citizen housing XCUP XCUP XCUP XCUP
Skilled nursing facilities, and assisted living
facilities
CUP CUP CUP CUP Section 26-130
Supermarkets X X X
Storage, new vehicles when in conjunction
with an automobile dealership
AP
Surveying services X X X
Swimming pool sales and service (outdoor
display)

CUP CUP
Swimming pool sales and service (indoor
display)
X X
Swim schools, indoor AP AP AP
Swim schools, outdoor CUP CUP
Systems, private closed circuit motion
picture transmission systems not licensed
by the FCC, in any hotel or motel

CUP CUP
Tailor shops X X X
Tanning salon X X X X
Tattooing CUP CUP
Tattooing with accessory permanent
makeup and/or body piercing use
CUP CUP Section 26-112
Taxidermist X X
Theaters, open air CUP CUP CUP CUP CUP
Theaters (not open air) CUP CUP
Trailers, (temporary only) in conjunction
with a school, hospital, church or other
similar institutional use (not permitted
with commercial uses)

AP AP AP AP
Tutoring facility AP AP AP AP CUP
Unattended businesses as accessory use
(see also retail kiosk) (also see automated
teller machines)

AP AP AP AP AP
Upholstering shops X X X
Urgent care facility X X X X X
Veterinary Hospital CUP CUP CUP CUP X
City of West Covina
Development Code Ordinance Update: Draft
79 Uses and Permit Requirements for MixedUse Zones Zones Use Types OPMU NMU RMU SMU M-1 Special Regulations
Transportation, Communications and Utilities
Electronic Vehicle Charging stations X X X X X Section 26-117 Solar carports AP AP AP AP AP Section 26-117
Wildlife and botanical preserves
Wireless telecommunication facilities—
Building and/or roof-mounted facilities
AP AP AP AP AP Section 26-136
Monopoles and alternative antenna
support structures
CUP CUP CUP CUP CUP Section 26-136
1 Service or Industrial and manufacturing type uses are allowed provided they are not obnoxious or offensive by reason of emission of odor, just, smoke, gas noise or hazard, or other similar causes. Such uses may require the submittal of an air quality study. (b) Temporary Uses subject to an administrative permit. No temporary use provided for in this section shall be permitted, commenced or engaged in until a written permit therefore has been obtained from the community development director or their designee.
(1) Major Temporary Uses - Submittal requirements and review process. (i) An application for a temporary use permit shall be filed with the Planning Division at least thirty-five (35) days prior to the proposed use. Applicants are encouraged to apply earlier for larger events/projects. All fees are collected upon application submittal. Written evidence of waived fees shall be obtained prior to application submittal and shall be submitted with the application. The Planning Division shall route the application to the Engineering Division, Police Department, and Fire Department for comments, conditions of approval, and/or recommendations. (ii) The community development director shall render a decision within fifteen (15) days after acceptance of a written application as completeat least twenty (20) days prior to the proposed use. (iii) Any applicant may appeal the action or decision of the community development director or their designee to the City Council Planning Commission within ten (10) days after such action or decision in which case the City Council Planning Commission shall grant or deny such permit. The Planning Commission’s decision shall be final.
(iv) To approve the application, the community development director (or their designee), or the Planning Commission shall find that the site is adequate to accommodate such use and that such proposed use, under the conditions imposed, will not have a substantial adverse effect upon the use or enjoyment of property in the neighborhood of the proposed use or upon the public safety, health, or general welfare. Failure to comply with any imposed conditions shall void the permit. No formal public hearings need be conducted, nor any notice given except to the applicant in connection with the granting or denial of such permit.
(2) Events/projects considered as a major temporary use. (i) Carnivals, circuses, and rodeos.
a) Temporary carnivals, circuses and rodeos may be permitted for a period of ten (10) days in any calendar year, and no such activity shall be conducted for longer than five (5) consecutive days at any one time. Certification of the safety of rides and all pertinent equipment for the carnivals, circuses and rodeos shall be made by a professional engineer, registered in the state, with such certification being given to the building department prior to the commencement of use of the equipment.
(ii) Christmas tree and pumpkin sales.

City of West Covina
Development Code Ordinance Update: Draft
80 a) The outdoor sale of Christmas trees, pumpkins, and related ancillary items may be permitted in any zone (residentially zoned property must be vacant and located so as not to be detrimental to nearby residents). Outdoor pumpkin lots may operate during the month of October only.

Christmas tree sales may begin the Friday after the Thanksgiving Day holiday. Christmas tree lots may set up no more than fourteen (14) calendar days prior to the Friday after the Thanksgiving Day holiday.
b) Indoor sale of items stated in subsection (a) accessory to a permanent use shall not require an administrative permit.
c) One single-faced or multifaced sign not to exceed thirty-two (32) square feet per face, consisting of not more than three (3) faces, will be allowed on site. A sign permit is not required.
(iii) Construction buildings.
a) Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project; provided that, such temporary structure may not be maintained for a period to exceed one (1) year. (iv) Firewood sales.
a) The outdoor sale of firewood and temporary signs relating thereto may be permitted in any nonresidential zone for a period not to exceed thirty (30) days in any calendar year with one (1) extension of thirty (30) days if the conditions of the original permit have been met, subject to the following conditions:
1) All firewood shall be neatly stacked and delivered to a fenced site in such a condition as to require no additional cutting, splitting, or sawing.
2) There shall be no power equipment, other than that necessary for the movement of such wood, on the site.
3) The site shall be treated with gravel, decomposed granite, or other similar material to eliminate wet ground conditions.
4) The site must be maintained and left in a neat and orderly condition, free of all debris or residue directly attributable to this use of the property. (v) Vehicle storage. Primary and permanent use of vehicle storage shall not be permitted in any zone. A temporary use as an accessory use for the storage of vehicles may be permitted subject to all of the following conditions:
a) Temporary use of vehicle storage shall be granted only to an auto dealership with a valid existing business license.
b) Temporary use of vehicle storage may be permitted on a vacant lot with no discretionary review.

Vacant lots used for such purposes shall comply with the following standards:
1) Lots shall be gated and fenced with posts that are anchored into the ground and shall not be located on public property or right-of-way.
2) The gates on the fencing to allow vehicle access shall be set back from the curb a minimum of twenty (20) feet.
3) Lots shall have a finished surface of a minimum three (3) inches of gravel base, asphalt concrete or Portland concrete.
4) In such cases where gravel base is installed, a stabilized construction entrance/exit shall be provided in compliance with the most current edition of the Los Angeles County Department of Public Works Best Management Practice Manual.

City of West Covina
Development Code Ordinance Update: Draft
81 c) Temporary use of vehicle storage may be permitted on surplus parking spaces based on standards as set forth in Article III, Division 6 and shall require the approval of an administrative permit pursuant to Article VI, Division 6. Time frames for approval shall be as follows:
1) Temporary use shall be permitted up to one (1) calendar year from the date of approval. A one-year extension may be approved if the conditions of the original permit have been met. 2) Any request for an extension of time for a temporary use beyond two (2) years shall be subject to planning commission review and approval.
(vi) Cultural Events.
a) Events of any educational, civic, or cultural nature may be permitted without time restrictions except as fixed in the conditions of approval.
(vii) Major promotional event; commercial center and a business on its own site (not in O-S Zones) a) A major promotional event may be permitted for a commercial center or a business on its own site (not in O-S zones) subject to the following conditions:
1) No more than two (2) such events shall be permitted in any calendar year, with the exception that commercial centers with a gross floor area of more than five hundred thousand (500,000) square feet shall be permitted up to six (6) such events in any calendar year.
2) No such event shall start within fourteen (14) days of the end of the previous such event. 3) No more than a total of twenty (20) days shall be permitted for such events in any calendar year, with the exception that commercial centers with a gross floor area of five hundred thousand (500,000) square feet or greater shall be permitted up to thirty (30) days for such events in any calendar year.
4) Events held by commercial centers shall be center wide. 5) Temporary promotional signage may be permitted as set forth in Article III, Division 8 (Sign Regulations).
6) Such other conditions as are deemed necessary by the Community Development Director or their designee and reasonably relate to the provision of adequate parking access for public safety personnel, security, and maintenance of the health, safety, and general welfare of the community.
(viii)Major promotional event; uses with designated outdoor display areas on approved precise plans. a) The outdoor display, sale or dispensing of merchandise or food, temporary signs, and/or activities relating thereto during a major promotional event (defined in section 26-30) conducted wholly on private property, may be permitted for a business located on a seventy-five thousand (75,000) square foot or larger site with an approved precise plan designating a minimum four thousand (4,000) square feet of area for “outdoor display,”, subject to the following conditions:
1) Events are permitted for a total of one hundred and sixty (160) days per calendar year.

Individual events shall be limited to a maximum duration of sixty (60) days. 2) The Planning Commission may approve an extension of up to fifty (50) days per calendar year in cases of grand openings or change of ownership of sixty (60) percent or more. 3) The Community Development Director or their designee may limit the duration of events that are determined to have a potential adverse impact on surrounding areas. These events may include, but are not limited to, catered events and events with outdoor amusement or live entertainment.
4) No such event shall start within fourteen (14) days of the end of the previous such event. 5) Temporary promotional signage may be permitted as set forth in Article III, Division 8.

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82 6) Such other conditions as are deemed necessary by the Community Development Director or their designee and reasonably relate to the provision of adequate parking, access for public safety personnel, security, and minimizing of potential adverse impacts on surrounding areas.
(ix) Real estate office.
a) One temporary real estate office may be located on any new subdivision in any zone, provided that such office shall be removed prior to the building permit final of the last construction phase.

If building permits for the site expires and are not renewed, the temporary real estate office must immediately be removed. Said real estate office is to be erected only for use in sale of the subdivision.
(x) Aircraft takeoff and landing.
a) The temporary takeoff or landing of any aircraft, airplane or helicopter may be permitted from property within any zone (residentially zoned property must be vacant, of sufficient size and located so as not to be detrimental or a danger to existing residential developments), for a period not to exceed five (5) consecutive days or fifteen (15) calendar days a year. b) An administrative permit shall not be granted for any temporary use involving a powered aircraft, airplane or helicopter within one thousand (1,000) feet of any public or private schools (Grades K-12).
c) Aircraft activity subject to administrative permit requirements shall not include carnival rides involving helicopters, tethered hot-air balloons or other aircraft. d) The landing or liftoff of any manned hot-air balloon used for untethered flight is prohibited on property within the City.
e) Application for such use shall also include a location map designating the landing area, significant structures within the surrounding area, land uses within three hundred (300) feet of the landing site and proposed approach and departure routes.
(xi) Nonrecurring fund-raising events in residential and open-space zones. a) Swap meets are prohibited in any zone.
b) No more than three (3) fund-raising events shall be conducted in any one (1) calendar year on any one (1) site.
c) Fund-raising events are permitted in residential and open space zones not developed with a residential use. Such events are permitted in the commercial portion of the mixed-use zone. d) A fund-raising event may continue up to a maximum of two (2) consecutive days. If a holiday is concurrent with a weekend, the sale days may include the two-day weekend and the holiday. The hours of operation shall be regulated by the administrative permit. e) No such event shall start within 30 days of the end of the previous event. f) No sign advertising the fund-raising event, displays, items for sale, or activities may be placed or maintained on or in any public right-of-way. It shall be the responsibility of the project sponsor and participants to (i) remove all sale-related signs and merchandise from the property at the conclusion of the event; (ii) ensure that the site is maintained in a neat and orderly condition during and after the event; and (iii) meet all administrative permit requirements. g) Notwithstanding the foregoing, the incidental or accessory sale of items including but not limited to food, beverages or souvenirs, subject to all legally required permits, shall not be prohibited hereunder.
(3) Minor Temporary Uses or Special Events
(i) No minor temporary use or special event, as established under this section, and/or promotional signs as required under Article III, Division 8 shall be permitted, commenced or installed until the business owner, property owner, or property manager obtains a special event permit from the planning City of West Covina
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83 division. An application for a special event permit shall be filed with the planning division on the forms prescribed by the planning division. All fees are collected upon application submittal. The community development director or designee shall review said application for compliance with applicable provisions of the municipal code and shall make a recommendation to modify, approved or deny said application. Approval of said application may be subject to conditions of approval that may be determined necessary to protect the health, safety, general welfare, and aesthetics of the community.

The written decision of the community development director or their designee shall become final and effective unless appealed in writing within five (5) calendar days. (ii) Special event – minor promotional event; commercial business (not in O-S zone). a) Minor promotional events are short term promotional or grand opening events held by an individual commercial business where goods and/or promotional signs may be displayed on the outside of the building, but which does not encroach into any driveway, parking or landscape areas. This may include special sales events and sidewalk sales and does not apply to uses with outdoor designated outdoor display areas or commercial/retail centers. b) A special event permit shall be granted for a minor promotional event subject to the following conditions:
1) No more than twelve (12) events, with a maximum of thirty-six (36) days, shall be permitted per calendar year.
2) Grand opening events shall be held within six (6) months of the original opening of the business or the effective date of the business name change. 3) Temporary promotional signage may be permitted as set forth in Article III, Division 8 (Sign Regulations).
4) Such other conditions as deemed by the community development director or their designee to be necessary and reasonably relate to reducing potential adverse impacts on surrounding areas.
(4) Temporary Uses Not Listed
(i) For other temporary uses not listed, the community development director may, at their discretion, determine whether an unlisted temporary use should be classified as a major or minor temporary use. This determination shall be based upon the similarities and differences with the above listed uses and an assessment of the proposed temporary use’s compatibility with the zoning district and surrounding land uses.
(5) Events not subject to Planning Division approval of temporary use permits. (i) Noncommercial weddings and other single-day life events such as birthdays in any residential zone or residential segment of the mixed-use zones shall not be subject to a temporary use permit. (ii) Civic events or events requiring a reservation/use agreement from the Public Services Department solely located on a City owned/operated park or the Civic center shall not be subject to a temporary use permit. City owned/operated parks and the civic center are designed and intended for public assembly uses.
(iii) School functions (student sport events, graduation, etc.) on permitted/approved school sites shall not be subject to a temporary use permit. Events not related to a school function shall require approval of a temporary use or special event permit pursuant to this section. (iv) Uses that are allowed as a home occupation pursuant to Section 26-120 (Home Occupation). (v) Uses that are approved through the film permit process pursuant to Article VI, Division 8 (Film Permit).

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84 26-52 Development Standards
New land uses, structures, and site development including alterations to existing land uses, structures, and site development within office mixed-use, commercial mixed-use and manufacturing zoning districts shall be designed and constructed in compliance with the following requirements, and all applicable standards in Article III (Regulations Applicable to all Zones) and Article IV (Standards for Specific Land Uses) of this Development Code. (a) Site size.
(1) All sites shall conform to the dimensions set forth in this section. A development or center may be a combination of many parcels totaling at least the required site size, but its design must be integrated and unified.

Table 2-13 Minimum Lot Size for Commercial and Office Mixed-Use and Industrial Zones NMU, OPMU RMU SMU M-1
Minimum Size 15,000 sq. ft. 30 Ac. 15,000 sq. ft. –
Minimum Width 70’ – 100’ –
Minimum Average Depth 140’ – 140’ –
(b) Yards.
(1) No building or above ground structure shall be constructed within:
(i) (See chart in this section for feet) of the front or rear property lines. (ii) (See chart in this section for feet) of each side property line adjacent to residential zoning or development. The five (5) feet of the front yard nearest the front property line shall be landscaped and the remaining footage may either be landscaped or utilized as a portion of a driveway or off-street parking area. The six (6) feet of either a rear of side yard adjacent to residential zoning or development shall be landscaped with specimen-size plant material (a combination of thirty (30) inch boxed and fifteen (15) gallon trees and minimum five (5) gallons for shrubs) appropriate in type and size to create a solid plant screen. Trees shall be placed at a minimum of 30 feet on center, on average, for this screen. Such landscaping shall be to the approval of the community development director or their designee as represented on the approved landscaping plan. (iii) When the rear of a site zoned OPMU, NMU, RMU or SMU abuts a public street, at the discretion of the Planning Commission, the minimum rear setback may be reduced to five (5) feet, providing that such a reduction will result in an improved design of the development.

Table 2-14 Minimum Required Setbacks for Commercial and Office Mixed-Use and Industrial Zones Adjacent to Residential Zones
Adjacent to Residential NMU, OPMU RMU SMU M-1
Front 15’ 15’ 15’ Min. 20’ Ave. 25’
Side 10’ 15’ 10’ PP*
Rear 15’ 15’ 15’ 15’
PP*: No yards/setbacks required except such as may be incorporated in a precise plan, conditional use permit and/or variance.

Table 2-15 Minimum Required Setbacks for Commercial and Office Mixed-Use and Industrial Zones Adjacent to Nonresidential Zones
Adjacent to Nonresidential NMU, OPMU, RMU, SMU M-1
Front Average 15’ Minimum 5’ PP*
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85 Side – – PP*
Rear Average 15’ Minimum 5’ PP*
PP*: No yards/setbacks required except such as may be incorporated in a precise plan, conditional use permit and/or variance. (c) Building Coverage.

Building coverage of any lot, parcel or center shall not exceed fifty (50) percent of the lot, parcel, or site after all necessary street or alley dedications. A parking structure shall not be calculated as building area provided that a minimum of twelve (12) percent of the total net area of the development is landscaped. (d) Height limit.
(1) Buildings within the nonresidential zone, when within charted feet of a single-family zone, shall have a maximum height as follows:

Table 2-16 Maximum Building Height for Office and Commercial Mixed-Use and Industrial Zones Zone OPMU, NMU, RMU SMU M-1
Single-Family Within 100’ 100’ –
Maximum Height 25’ 35’ 45’
Maximum Stories – – 4
26-53 Additional Regulations for Commercial mixed-use, Office mixed-use and Manufacturing Zones (a) Precise plan of design.
(1) A precise plan of design will be required as specified in Article VI, Division 3 of this chapter, with particular attention given to compatibility with adjacent residential and commercial zoning and uses, and must be approved prior to development. In addition, all municipal parks and recreational areas shall be developed in a manner consistent with the adopted specific plans of design for parks contained in the City’s adopted environmental quality element. Such precise plans of design shall conform to Planning Commission resolution No. 567.
(2) The filing of a precise plan of design shall be required as part of an application for a mixed-use development and as specified in Article VI, Division 3, of this Chapter. Such precise plans of design shall conform to Planning Commission Resolution No. 567. The review and approval process for an eligible Senate Bill 35 (SB35) housing project shall adhere to CGC Section 65913.4, as amended. (b) Recycling collection and loading areas.
(1) When used, all outdoor trash, garbage, recycling and refuse containers shall be screened on all sides from public view by a minimum five and one-half (5½) foot high concrete, masonry or decorative block wall and the opening provided with a gate of solid material. The enclosure shall have a solid roof or coverage that is architecturally compatible with other structures on site. Such area shall be so located as to be easily accessible for trash and recyclable material pick up.
(2) Any new or existing multi-family development project of five (5) or more units or producing four (4) cubic yards or more of green/yard waste per week shall provide adequate, accessible and convenient areas for collecting and loading recyclable and organics recycling materials as defined in this Section. These requirements may be waived if the applicant proposes to have the landscaping and/or maintenance company haul and recycle green/yard waste. Projects electing this alternative will be conditioned to provide this service and will be required to provide the landscape maintenance agreement stating such prior to the issuance of a Certificate of Occupancy.
(3) The following guidelines will be applied to development projects providing enclosures:

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86 (i) Recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation.
(ii) The design and construction of recycling areas shall be secure. (iii) A sign clearly identifying all recycling collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas. (iv) Areas for recycling and organics recycling shall be adequate in capacity, number, and distribution to serve the development project.
(4) The Community Development Director or their designee shall review each application for adequate design and area allocation suitable to the particular recycling and organics recycling program or process to be in effect at the development project and shall apply these requirements and guidelines accordingly. (5) Any and all separate recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be part of or adjacent to the solid waste collection areas. (c) Color.
(1) Colors, materials and finishes are to be coordinated on all exterior building elevations to achieve total continuity of design that is visually pleasing and harmonious with adjacent development and/or the surrounding area.
(d) Lighting
(1) All lighting of the building, landscaping, parking lot or similar facilities other than exposed neon shall be so hooded and directed as to reflect away from adjoining properties. (i) All luminaries shall be designed and placed to complement the development. Luminaries attached to a building shall be concealed, wall-mounted or recessed fixtures. (ii) Security lighting fixtures are not to be substituted for parking lot or walkway lighting fixtures and are restricted to lighting loading and storage areas, and similar service locations. (iii) Exposed tube architectural lighting shall not constitute undue glare or nuisance to adjoining street and properties.
(iv) Neon architectural lighting shall be limited to thirty (30) milliamps, except that a Community Development Director or their designee’s modification may be granted for unusual installations requiring amperage higher than thirty (30) milliamps in order to achieve brightness comparable to that which is ordinarily achievable with thirty (30) milliamps. (v) Exposed neon architectural lighting shall be subject to approval by the Planning Commission as a part of the precise plan of design as required by Article VI, Division 3 of this chapter. A precise plan shall be required where no precise plan exists, for structures built prior to the precise plan requirement in Article VI, Division 3 of this Chapter.
(vi) Neon architectural lighting shall be approved pursuant to the Municipal Code requirements for neon signs in Article III, Division 8.
(e) Exterior design.
(1) No part of a roof, excluding mansards, may project above the parapet. (2) All exterior walls shall be architecturally treated to provide aesthetic relief. (f) Nonconversion.

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87 (1) No single-family residential structure may be converted to a nonresidential use without approval of a precise plan.
(g) Underground Utilities
(1) All utilities shall be underground in accordance with the Municipal Code and approved by the city engineer.

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88 (h) Nuisances
(1) No portion of the property shall be used in such a manner as to create a nuisance to adjacent properties, such as but not limited to vibration, sound, electro-mechanical disturbance or radiation, air or water pollution, dust, emission of odorous, toxic, or noxious matter. (i) Landscaping Criteria
(1) Landscaping within mixed-use and industrial zones shall conform to the landscaping standards set forth in Article III, Division 5.
(j) Walls and Fences
(1) Walls and fences within mixed-use and industrial zones shall conform to the standards set forth in Article III, Division 3.
(k) Mechanical equipment and loading in commercial and industrial zones. (1) All rooftop mechanical equipment shall be placed behind a permanent parapet wall and be completely restricted from all ground level views.
(2) No mechanical equipment is to be exposed on the wall surface of a building. (3) Gutters and downspouts are not to project from the vertical surface of the buildings. (4) Vents, louvers, exposed flashing, tanks, stacks, overhead doors, rolling and “man” service doors are to be treated in a manner consistent with the color scheme of the building. (5) All ground mechanical equipment shall be completely screened behind a permanent structure and all roof top mechanical equipment shall be placed behind a permanent parapet wall and be completely restricted from all views.
(6) Such screening shall be as high as the highest portion of the equipment or ducting and shall be permanently maintained.
(l) Maintenance of buildings, structures and parking lots. (1) The purpose of this section is to protect the appearance, character and integrity of nonresidential zoned properties and promote a safe and decent environment by establishing minimum standards as they relate to the maintenance of nonresidential buildings and structures. It shall be unlawful for any person owning, leasing, occupying, or having charge or possession of any nonresidential property in the City to maintain on such property any of the following when viewable from the public right-of-way or abutting properties/businesses:
(i) Buildings or structures which are neglected as a result of abandonment, are partially destroyed, or have remained in a state of incomplete construction for an unreasonable period of time as determined by the community development director or their designee and building official. (ii) Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess to ten (10) percent of the surface area.
(iii) Roofs with loose, unstable or missing tiles, shingles or other material used as roof composition in excess of ten (10) percent of the roof area.
(iv) Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance. (v) Any and all signage shall conform to the standards set forth in Article III, Division 8. (vi) Buildings or structures whose exteriors, porches, steps, stairs, walls, devices, fences, driveways, or walkways are cracked, broken, defective, deteriorating, in disrepair, or defaced due to writing, inscription, or figures rendering these items unusable for their purpose and constituting in the opinion City of West Covina
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89 of the Community Development Director or their designee and building official a hazardous condition or an attractive nuisance.
(vii) Garage doors that are missing, broken, sag, or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance. (viii)Any structure or building or portion thereof which, as compared to adjacent properties, is unsightly in appearance and out of character by reason of its condition. (ix) All landscaping shall conform to the standards set forth in Article III, Division 5. (x) Parking lots design and areas shall conform to the standards set forth in Article III, Division 6. (xi) paved areas with a cracked, broken or otherwise deteriorating surface, in excess of ten (10) percent of the surface area shall be considered a nuisance and shall be repaired. (xii) Any sidewalk, hardscape or parking facility, with potholes, broken, raised or depressed sections, large cracks, mud and/or dust, accumulation of loose material, faded or illegible pavement striping or other deterioration shall be repaired.
(m) Construction in Fire Hazard Severity Zones (FHSZ).
(1) The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety. (2) This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).
(3) Construction Standards, Building Materials and Design. (i) All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with Chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.
(4) Vegetation Management and Defensible Space.
(i) All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code. 26-54 Development Standards for Residential Development in Mixed-Use Zones. (a) Building Design and Design Standards
(1) All multi-family housing units shall comply with the general building design and site design standards in the West Covina Multi-Family Objective Design Standards document. The approved architectural treatment shall be used throughout the development.
(2) A minimum of fifty percent (50%) of the proposed dwelling units shall have direct pedestrian access from the dwelling unit to an exterior walkway along a street, drive, paseo, or park/open space without going through. A common breezeway or hallway does not meet this requirement. The area bounded by Citrus Street to the west, Workman Street to the north, Barranca Avenue to the east, and the Interstate 10 to the south (also known as Eastland Center) is exempt from this requirement due to the higher intensity envisioned for this area.
(3) All projects where at least sixty-six percent (66%) of the proposed new square footage is intended for residential occupancy shall comply with the West Covina Multi-Family Objective Design Standards. (b) Contents of Copies of CC&R’s.
(1) Copies of conditions, covenants and restrictions that will apply to a proposed condominium project shall be submitted after the approval of a project and approved by the Community Development Director or their designee and City Attorney, and recorded by the applicant. These CC & R’s shall:

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90 (i) Provide a statement that ensures that each residential unit shall be used as a residence for a one family unit only.
(ii) Provide for perpetual maintenance of grounds and buildings. (iii) Include a full statement of the age of the building and any modification and refurbishing started or completed within one (1) year of offering the project for sale as a condominium. (iv) Provide an explanation to the buyer of his responsibility for sharing the maintenance and upkeep of buildings and structures within the project other than his own unit. (v) Provide that the names of the officers and members of the board of governors or homeowners association shall be filed annually with the city clerk. (vi) Include the following certificate on the title sheet dedication clause of the subdivision map: “WE

HEREBY DEDICATE TO THE CITY OF WEST COVINA THE RIGHT TO PROHIBIT THE CONSTRUCTION OF

ADDITIONAL RESIDENTIAL BUILDINGS THEREON, EXCEPT FOR ADDITIONAL PARKING, RECREATIONAL FACILITIES, AND ACCESSORY BUILDINGS OVER THE AREA DESIGNATED AS THE COMMON AREA.” (c) Density.
(1) The maximum number of dwelling units shall not exceed 20 units per gross acre. Contiguous parcels which are part of a large, multi-building and multi-use development shall be considered as one site, provided the residential and commercial uses are integrated and pedestrian connections are provided from any residential building to commercial buildings.
(d) Vehicles in the mixed-use zones with residential development. (1) The provisions of Article III, Division 6 shall apply to the size, number and location of parked and stored vehicles within the mixed-use zone.
(e) Floor Area Ratio.
(1) There shall be a minimum gross floor area ratio of 0.15 of leasable commercial square footage. (2) The floor area ratio may be calculated on an area wide basis for contiguous parcels which are part of a large, multi-building development. To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer of each parcel must record deed restrictions preserving the minimum floor area ratio of commercial square footage for the multi-building development. (3) Subterranean and above-grade parking structures shall not be included in the required minimum floor area ratio.
(f) Building Setbacks from Property Lines
(1) The building setback from the property lines shall be governed by the following table:

Table 2-17 Building Setbacks from Property Lines
Front Side Interior Street Side Rear Side/Rear Abutting R-A/R-1/Single-Family Residential Use 15’ 10’ 15’ 15’ 1-story – 15’
2-story – 25’
3-story – 40’
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91 (g) Building Separation
(1) The minimum building separation between main buildings shall be ten (10) feet or as required by the California Building Code, whichever is more restrictive. (2) There shall be no minimum building separation between a main building and an accessory building or between accessory buildings, except as required by the California Building Code. (h) Maximum Building Height
(1) Maximum building height when within one hundred (100) feet of the residential agriculture (R-A) or residential single-family (R-1) zones or an existing single-family residential use shall be forty-five (45) feet. (2) All buildings containing any residential use shall be limited to forty-five (45) feet, except within the area bounded by Citrus Street to the west, Workman Street to the north, Barranca Avenue to the east, and the Interstate 10 to the south (also known as Eastland Center) shall have a maximum building height of seven (7) stories or eighty-five (85) feet.
(3) Buildings containing only non-residential uses have no height limit, except as described above and as limited by the Federal Aviation Administration (FAA).
(i) Open Space.
(1) Open space standards shall comply with the standards set forth in 26-48(i).

DIVISION 3 SPECIAL PURPOSE ZONES (O-S, S-P) [COMBINED AND CONSOLIDATED EX.

SECTIONS 26-545 AND 26-547]
26-55 Purpose and Intent of Special Purpose Zones
(a) Open Space (O-S) Zone.
(1) The purpose of the open space zone is to identify and set forth permitted uses, and standards of development within open space lands.
(2) Open space zoned land may be located anywhere in the City provided it is consistent with the City’s adopted policies and plans.
(b) Specific Plan (S-P) Zone.
(1) The purpose of the specific plan zone is to provide greater specificity and flexibility in carrying out the General Plan of the City than would be possible in other zoning districts. This zoning district is intended for areas that are subject to specific plan adopted under Article 8 of chapter 3 of title 7 of the Government Code (sections 65450 et seq.). The uses, types of development and development standards in an area zoned specific plan are those permitted by the specific plan adopted for that area. Each separate specific plan district and its accompanying specific plan shall be sequentially numbered. If land is placed in the specific plan district before a specific plan is adopted for that land, the standards of the immediately preceding zone shall continue to apply until a specific plan is adopted. (2) Specific plan zoned land may be located anywhere in the City provided uses within the specific plan are consistent with the General Plan of the City.
(3) The uses and types of development proposed in this zone shall maintain and enhance the character of the surrounding vicinity. During the preparation, review and approval processes for a specific plan, consideration shall be given to elements including but not limited to: Orientation of buildings and uses, building bulk and scale, building height and setback, parking, traffic generation, noise and landscaping. At a minimum, these elements shall be specifically addressed in the specific plan in such a manner as to integrate the proposed uses and buildings with surrounding development.

West Covina City CouncilJanuary 16, 2024

West Covina City Council
January 16, 2024