Ordinance - 1858ORDINANCE NO. 1858
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL
CODE, CHAPTER 26, AS IT RELATES TO ACCESSORY
STRUCTURES, ACCESSORY USES, RETAIL USES, THEME
SHOPPING USES, AND INDOOR MULTI -TENANT RETAIL CENTERS
• (AMENDMENT NO. 230)
•
WHEREAS, the Planning Department has received a number of
requests for a new type of retail structure referred to as indoor
multi -tenant retail centers, more commonly known as indoor swap
meets; and
WHEREAS, the West Covina Municipal Code does not presently
contain provisions for indoor multi -tenant retail centers; and
WHEREAS, the Planning Commission upon giving the required
notice, did on the 15th day of August, 1990, conduct a duly
advertised public hearing as prescribed by law; and
WHEREAS, the City Council of the City of West Covina
considered evidence presented by the Planning Department,
Planning Commission, and other interested parties at a duly
advertised public hearing of the loth day of September, 1990; and
WHEREAS, the oral and documentary evidence considered in
connection with the code amendment reveal the following facts:
1. There are potential negative impacts associated with
indoor multi -tenant retail centers, e.g., traffic
congestion, pedestrian/traffic conflict, parking lot
maintenance problems, public safety hazards and UBC
violations, and low sales -tax revenues due to the
transient nature of merchants compounded by economically
marginal shops; and
2. It is not the intent of the Municipal Code to permit
indoor multi -tenant retail uses due to the potential
negative impacts on the public safety and economic
viability; and
3. Indoor Multi -Tenant Retail Center is defined as an
indoor commercial area used to accommodate multiple
vendors offering a variety of goods and services, who
are separated from each other, if at all, by less than
complete floor -to -ceiling walls, but does not apply to
those incidental vendors in regional shopping malls; and
4. The general issue of "shared lease space" sizes was also
analyzed in relationship to the proposed amendment; and
5. Explicit language which defines and distinguishes the
difference between those "accessory retail uses" which
are clearly incidental and subordinate to the principal
use of the land, generally associated with major
department stores and/or supermarkets from the indoor
multi -tenant retail center has been developed; and
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ORDINANCE 1858
AMENDMENT NO. 230
Page 2 of 4
6. A definition was also developed which defines and
distinguishes "theme shopping uses" such as antique
malls and jewelry marts which share the same facility
and sell merchandise similar in characteristics and
• related in kind, from indoor multi -tenant retail
centers.
NOW THEREFORE, the City Council of the City of West Covina
does ordain as follow:
Section No. 1: Based on the evidence presented and findings
set forth, Amendment No. 230 is hereby approved as consistent
with and serves to further implement the Economic Development
Element of the General Plan.
Section No. 2: Based on the evidence presented and the
finding set forth, Chapter 26, Article II, Definitions and
Article XI, Non -Residential Uses is hereby amended to read as
follows:
ARTICLE II. DEFINITIONS
Sec. 26-16. Accessory Structure
"Accessory Structure" means or is a building or structure, or
part of a building or structure or use which is subordinate to,
and the use of which is incidental to that of the main building
or structure. Where fifty (50) per cent 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 passage from one to the other,
then such an accessory building or structure shall be considered
a part of the main building.
Sec. 26-16.5 Accessory Use
"Accessory Use" means or is 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.
Sec. 26-70.1 Indoor Multi -Tenant Retail Center
"Indoor Multi -Tenant Retail Center" means or is an indoor
commercial area used to accommodate multiple vendors offering a
variety of goods and services, who are separated from each other,
if at all, by less than complete floor -to -ceiling walls, and/or a
solid ceiling, and/or a solid, lockable access door. This
definition does not apply to those incidental vendors in regional
shopping centers, in "Theme Shoppinq Centers" or as "Accessory
Uses. "
• Sec. 26-93.1 Retail Uses
"Retail Use" means or is a use wherein goods or articles are sold
directly to the consumer.
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•
ORDINANCE 1858
AMENDMENT NO. 230
Page 3 of 4
Sec. 26-113.1 Theme Shopping Use
"Theme Shopping Use" means or includes those retail uses sharing
the same facility, which sell 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.
Sec. 26-597
ARTICLE XI. NON-RESIDENTIAL
USES
OP NC CC RC SC C2 C3
*Theme Shopping Center X X
*Theme Retail Centers are not permitted in the Civic Center
Overlay Zone.
Sec. 26-598. Accessory-eowne*eia-l-uses.
a) Accessory eomma-rc-ia-1 uses of the following type, as an
integral part of another building area allowed as indicated
in the schedule below, provided there is no exterior
advertising, and the total combined square footage of such
use does not exceed fifteen (15) per cent of the gross floor
area of the building.
P
ONCRSCCM/
A.PO
P C C
C C 2
3 1 P
R B S
Coffee shops
x
x
x x
Pharmacies. including
the sale of related
patent medicines and
notions
x
x x
x x
Barber and
Beauty Shops
X
X
X
b) Any other accessory uses as defined in Sec. 26-16.5. where
related and incidental to a primary permitted use are
a 1 1 nc.79Zr1
isc) "Indoor Multi -Tenant Retail Center" is not a permitted use
in any zone.
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ORDINANCE 1858
AMENDMENT NO. 230
Page 4 of 4
Section No. 4: The City Clerk shall certify to the passage
of this ordinance and shall cause the same to be published as
required by law.
• PASSED AND APPROVED this -L day of 1990.
•
Mayor
ATTEST
c 0'"
City Clerk
I, hereby certify that the foregoing Ordinance was duly
adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 24th day of
September, 1990, by the following vote:
AYES: Councilmembers: Herfert, Jennings, Manners, McFadden, Tarozzi
NOES: Councilmembers: None
ABSENT: Councilmembers: None
City Clerk
APPROVED AS TO FORM:
City ---'Attorney
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01
CERTIFICATION
I, JANET BERRY, City Clerk of the City of West Covina, State of
California, do hereby certify that a true and accurate copy of
Ordinance No. es d was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
DATED: %U // - 90
Janet Berry, City Clerk
City of West Covina, California