Ordinance - 1933CITY COUNCIL
ORDINANCE NO.. 1933
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADOPTING AN AMENDMENT TO CERTAIN SECTIONS OF CHAPTER
26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE, TO INCREASE
UNDERSTANDABILITY OF REGULATIONS, IMPROVE EFFICIENCY IN APPROVAL
PROCEDURES WHERE DEEMED APPROPRIATE, AND REVISE REGULATIONS TO
RESPOND TO CHANGES OVER TIME TO CERTAIN LAND USES, INCLUDING
ESTABLISHMENTS THAT SERVE ALCOHOL AND BILLIARD PARLORS (AMENDMENT
NO. 258: PROCESS STREAMLINING/UPDATE).
WHEREAS, a comprehensive revision to the Zoning Code occurred on April 25,
1977, when the City Council adopted Ordinance No. 1.333 which revised and
recodified the West Covina Municipal Code; and
WHEREAS, in October, 1992, the City Council adopted Ordinance No. 1910,
referred to as the first phase of the Zoning Code "clean up" effort which batched a
number of code amendments into a combined effort; and
WHEREAS, the City continues to process a number of individual code
amendments which typically focus on specific issues that were prepared in response
to changes in State law, emerging trends in land uses, City Council or Planning
Commission requests, and inadequacies in the Code that become apparent during
implementation; and
WHEREAS, the Planning Commission, at their meeting on October 26, 1993,
recommended that the City Council direct staff to prepare a code amendment to allow
alcohol at billiard parlors and expand the study to review approval procedures alcohol
sales in the City, and incorporate the amendment with the Process Streamlining
Amendment; and
WHEREAS, the City Council, on November 16, 1993, affirmed the
recommendation of the Planning Commission and directed Planning Department staff
to prepare a code amendment to address the serving of alcohol at billiard parlors and
review approval procedures for the serving of alcohol in general and incorporate it
with the Process Streamlining Amendment; and
WHEREAS, at the January 11, 1994, meeting of the Planning Commission, a
study session was held and Resolution No. 1-94-4204 initiating the amendment
procedure was approved; and
. WHEREAS, at the January 25, 1994, meeting of the Planning Commission,
certain issues regarding regulations for the serving of alcohol were specified and staff
was directed to proceed with studies and investigations relating to said amendment
and to draft code language; and
WHEREAS, on the February 22, 1994, meeting of the Planning Commission,
upon giving proper notice, conducted a duly advertised public hearing as prescribed
by law, approved Resolution No. 2-94-4207 recommending that the City Council
adopt Amendment No. 258; 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 on March 15, 1994; and
Ordinance No. P9.33.,
Amendment No. 258
April 5, 1994 - Page 2
WHEREAS, the oral and documentary evidence considered in connection with
• the code amendment reveal the following facts:
1. A change in terminology from "unclassified use permit" to "conditional use
permit" is necessary to facilitate explanation and promote clarity of this
requirement.
2. In order to streamline procedures found in the Zoning Code wherever possible
and appropriate, certain land uses have been identified that currently require
approval by the Planning Commission, but that could be effectively reviewed
at staff level. Therefore, provisions have been added to allow the Planning
Director discretion to approve the following uses: solo musicians as
entertainment when in conjunction with a commercial use, walk-up automated
teller machines when in conjunction with a financial institution, unattended
businesses in general, outdoor dining in conjunction with a commercial use,
recycling centers not in conjunction with a materials recovery facility (MRF) or
a solid waste transfer and processing station (SWTPS), and temporary trailers
in conjunction with an institutional use (such as schools, churches, and
hospitals).
3. In order to clarify which uses are classified as "specialized nonresidential uses,"
changes to the land use matrix will identify these uses that may require a
conditional. use permit if proposed in a commercial center.
4. With the understanding that the issuance of alcohol licenses is the exclusive
authority of the California Department of Alcoholic Beverage Control (ABC),
West Covina finds it necessary to establish a control measure in order to
protect the public health, safety, and general welfare of its residents. The
conditional use permit process is an appropriate control measure for
establishments that serve alcohol since it permits the City to review and
approve such establishments on a case by case basis by receiving public input,
and imposing relevant conditions of approval to mitigate potential adverse
affects arising from such approval.
5. To address concerns over public safety and law enforcement at uses that serve
alcohol, the "bona fide eating place" requirement is maintained with the
exception of three specific uses.
6. Billiard parlors have changed from the traditional pool halls of the past into
trendy upscale establishments that may have a positive effect on the City. Due.
to this change, several regulations for billiard parlors need modification. In
order to permit the City to review applications for billiard parlors on a case by
case basis, receive public input, and to place conditions of approval to mitigate
potential adverse affects, a conditional use permit requirement for all billiard
parlors is necessary. Also, certain existing conditions and regulations must be
updated, such as the required spacing of tables, minimum distances to schools,
and open view requirements for accessory billiard parlors. Consistent with these
change, the use is no longer considered incompatible with uses in the Civic
Center Overlay Zone and shall be permitted in that zone.
7. The serving of alcohol in billiard parlors may not have adverse effects on the
law enforcement, public safety, and the community when accessory to a bona
fide eating place, or if a main use billiard parlor has adequate facilities for and
offers some type of food service. However due to concerns over adverse
0447-94/A:/JAY9/A25 80RD. 0 RD/JJ
Ordinance No. 193-1
Amendment No. 258
April 5, 1994 - Page 3
effects that a main use billiard parlor that serves alcohol may have on minors,
these uses shall be subject to additional age restriction prohibiting unsupervised
minors under eighteen (18) years old at all times, and prohibiting all minors
under eighteen (18) years old after 10pm.
8. Coin -operated billiard tables should be regulated as billiard parlors rented by the
hour since these uses are similar in regards to operation, clientele, and parking
generation. Consistent with the existing regulations for game arcade machines,
uses with three or less billiard tables accessory to a main use shall be exempt
from the specific regulations.
9. Karaoke entertainment is similar to solo musician uses and shall be regulated
as such. Consistent with the prohibition of entertainment uses as main uses
due to potential adverse effects on the community, KTV studios or any karaoke
use with private booths or rooms shall be prohibited.
10. Seasonal pumpkin sales are similar to Christmas tree sales and should be
regulated through a temporary use permit procedure.
11. There is a need for clarification of the definition of building coverage to address
unenclosed covered patios and cantilever construction.
12. There is a need to address swimming pools and flagpoles in the Zoning Code,
especially in regards to setback requirements.
13. In order to streamline procedures where possible, the driveway modification
procedure is eliminated allowing approvals at staff level of circular driveways,
extra width driveways, and RV parking.
14. In order to maintain consistency with State Law regarding community care
facilities in single-family homes, this use shall be addressed in the Home
Occupation section of the Zoning Code.
15. Applications for model home marketing complexes can be effectively reviewed
by the Planning Director.
16. There is a need to address the expiration of variance approvals in a similar
manner as expiration of other approvals are addressed by the Code.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of West
Covina does ordain as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth,
the City Council of the City of West Covina adopts Exhibit No. 1 of Amendment No.
258 attached hereto and included by reference.
SECTION NO. 2: 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 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, phrases, or portions be declared invalid or unconstitutional.
0447-94/A: /J AY9/A25 80 RD.O RD/JJ
•
•
Ordinance No. 1933
Amendment No. 258
April 5, 1994 - Page 4
SECTION NO.4: This ordinance shall be effective thirty (30) days from the date
of adoption.
SECTION NO. 5: It has been determined that this project, which consists of
minor alterations in land use limitations which do not result in changes inland use or
density, is a Categorical Exemption pursuant to Section 15305 (Class 5) of the
California Environmental Quality Act (CEQA) and no Environmental Impact Report is
required.
SECTION NO. 6: 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 5th day of Anri 1 1994.
ATTEST:
City Clerk Zeal
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) .
CITY OF WEST COVINA)
I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 1933 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 15th day of March 1994.
That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of
the City Council on 5th day of Apri 1 , 1994.
AYES: Herfert, Manners, McFadden, Wong, Jennings
NOES: None
ABSENT: None
APPROVED AS TO FORM:
•
0447-94/A:/JAY9/A258ORD.ORD/JJ
City Clerk
AMENDMENT NO. 258
EXHIBIT NO. 1
CHAPTER 5. AMUSEMENTS
• ARTICLE V. GAMES OF SKILL OR SCIENCE
DIVISION 2. PERMIT
Sec. 5-82. Required.
(a) shall remain the same
(b) If the applicant desires a permit for the purposes of operating, maintaining or
conducting games of skill or science as a business in an appropriate commercial zone
and not as an accessory use to a main use of the premises for an established
business, no permit shall be issued pursuant to this part until the applicant has been
issued an unelas^mconditional use permit for a recreational center (private)
pursuant to the provisions of chapter 26 of this Code. A use shall not be deemed to
be accessory to the operation of an established business within the meaning of this
section if the applicant seeks a permit for more than three (3) games of skill and
science.
Sec. 5-83. Application
(a) Filing. The holder of an unelas^ifconditional use permit....
CHAPTER 26. ZONING
ARTICLE VI. PROCEDURE, HEARINGS, NOTICES, FEES, AND CASES
DIVISION 1. GENERALLY
DIVISION 3. ' iNG ncciCONDITIONAL USE PERMIT
ARTICLE II. DEFINITIONS
Section 26-29. Building coverage.
"Building coverage" means or is all portions of a lot or parcel occupied with buildings
and structures and shall be the total area ^^tea within the outside walls of the fimt
tetally enelesed with walls, gFeund eeveFage shall be the equivalent ef the aetual fleef
. covered by a roof (lattice
included), not including eaves and overhangs that extend a maximum of two feet and
are located beyond the outermost portion of the support post or wall Roof area
extending beyond two feet shall be included in lot coverage calculations However,
roof area composed of pervious materials (including lattice covers) under 200 square
feet shall not be included in lot coverage calculations.
0 Sec. 26-38. Club, nonprofit.
"Club, nonprofit" means or is 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.
Ordinance No. 1139
Amendment No. 258: Exhibit 1
April 5 1994 - Page 2
Sec 26-53 5 Entertainment live (in conounction with a commercial use)
"Live entertainment" means or is 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.
Sec. 26-71.5. Karaoke.
"Karaoke" means or is a use whereby a song act is performed or participated in by
one 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.
Sec. 26-103.5. Specialized nonresidential use.
"Specialized nonresidential use" shall include these the following uses which. require
an unelas^ofparking study to allow the Planning Director to determine whether a
conditional use permit is required On
aise One! de the "ell i when such uses are proposed to be established in an
existing, planned, or proposed commercial center:
(1) Restaurants with greater than twenty-five hundred (2,500) square feet of gross
floor area.
Business schools, professional schools, trade schools, and colleges.
!3 Any other office or commercial use which requires a parking ratio greater than
one space per two hundred fifty (250) square feet of gross floor area.
ll Any use that is allowed "outdoor display" under the provisions of section 26-
597 of this chapter, when the display or storage of wares or vehicles for rent
or sale, reduces the number of parking stalls available to the general public.
ARTICLE VI. PROCEDURE, HEARINGS, NOTICES, FEES, AND CASES
DIVISION 4. VARIANCES AND SLIGHT MODIFICATIONS
• Section 26-268. Failure to utilize variance or slight modification.
(a) through (c) shall remain the same.
(dd) In the event the use for which the variance or slight modification has been
granted is discontinued for a period of six (6) consecutive months, the variance
or slight modification approval shall become null and void.
0451-94/A:/JAY9/A258EXH1. EXH/JJ
Ordinance No. 193-3
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 3
ARTICLE VIII. RESIDENTIAL AGRICULTURAL ZONE/ ONE -FAMILY ZONE
• Section 26-402.5 Maximum front yard pavement coverage.
(a) and (b) shall remain the same.
{E1} 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 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.
Pavement in the front yard 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) feet on one side of the driveway.
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.
(e) shall remain the same
(f) Pavement on the fFeAt ., Fd shall h.-limited te the width .vimimthe garage, pHs anin eases ef iHegulady shaped lets eF sites hampeFed by tepeffaphieal
+ ,
theTaddiSiens e"PaFaller e andieFeieneeRtFi . with the a eePir7.rAZdTTVe.
kg+ Circular drive portions of pavement additions shall be exempt from the
provisions of paragraph 4Lcj. Review and approval of a circular drive by the
Feview bee by the planning department does not mandate approval of a curb
.cut permit which may be denied by the engineering department in consideration
• of engineering requirements.
+h4
191. This section shall not apply to any area paved or unpaved which conforms in
width to this section, or to any paved surface exceeding said width, as of the
effective date of this section.
0451-94/A:/JAY9/A258EXHI.EXH/JJ
Ordinance No. 1933
Amendment No. 258: Exhibit 1
April 5 1994 - Page 4
Section 26-405.5. Exemption from yard and setback requirements.
• (a) through (b)
(c) Flagpoles and other similar structures not to exceed twenty-five (25) feet in
height shall not encroach into any required yard except in the rear yard as allowed
by Section 26-407 of this article and in the front yard or street side yard, provided
there is a minimum five (5) foot setback to adjoining properties.
(d) Swimming pools spas and similar structures shall not encroach into any required
yard except in the rear yard as allowed by Section 26-407 of this article and in the
front yard or street side yard when the lot configuration building placement, and/or
street location Oustify its location due to the uniqueness of the property as determined
by the Planning Director.
+e+ The provision 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.
{E4 The provisions of this section shall not apply to the regulation of mechanical
equipment as provided in section 26-409.
LCII.
fe} All structures must conform to the requirements of.the Uniform Building Code,
if applicable.
{Ej} . For the purpose of this section, the projected roof area shall mean the
horizontal square feet of roof, excluding slope, but including overhang.
Section 26-41 1. Building coverage.
The maximum building coverage, as defined in Section 26-29, of all structures in
zones R-A and R71 shall not exceed thirty-five (35) percent of the total lot or parcel
area, except in Area District IA.
ARTICLE X. NON-RESIDENTIAL ZONES
Sec. 26-582. Same -Nonresidential zones except PAR.
is - (a) through (c) shall remain the same
(d) Theaters, skating rinks, and other places of public assembly, one parking space
for each Jew-(4) two and a half (2.5) peffnanent seats and one for every forty
(40) square feet of assembly area not occupied by peffnanent seats, or as
determined by a parking demand study approved by the planning commission.
0451-94/A: /JAY9/A258EXH I. EXH/JJ
Ordinance No. / 933 ~
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 5
(e) Restaurant (permanent seating, drive-in, drive -through, or any combination
. thereof) and cocktail lounges, one parking space for every three and a half (3
1 /2) permanent seats, and one for every forty (40) square feet of assembly
area not occupied by permanent seats. Not less than ten (10) such parking
spaces shall be provided.
•
(f) shall remain the same
(g) Billiard Feems parlors (main use and accessory use), two (2) parking spaces per
billiard table plus one (1) additional parking space for each employee
(h) through (p) shall remain the same
ARTICLE XI. NONRESIDENTIAL USES
Sec. 26-597. Service, trade; cultural, public and private uses (except industrial or
manufacturing).
*Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is permitted by right.
uc Indicates stated use is allowed with a-R unelass f ed conditional use permit.
pindicates stated use is allowed subject to administrative review and approval by the
Planning Director.
slndicates stated use may be a specialized nonresidential use and may require a
conditional use permit approval if it is proposed in an existing, planned, or proposed
commercial center and the Planning Director finds the conditional use permit
necessary.
RRMM M M
0
N
C
R
S
C
C
P
A 1 F F F F
P
C
C
C
C
2
3
M I A P 0
8 15 2045
1 PRBS
*Agricultural,
X
industrial, and
S
construction
equipment sales
and rental (outdoor
display)
Alcohol, off -sale
X
X
X
X
X
X
X
Alcohol, on -sale
C
C
C
C
C
C
C
(see art. XII, div.
15; for nonprofit
clubs and country
clubs, see separate
headings
0451-94/A:/JAY9/A258 EXH I. EXH/JJ
•
Ordinance No. 1933
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 6
Automated teller
P
P
P
P
P
P
P
P P
machines (walk-
up) on the
premises of a
financial
institution.
Automated teller
C
C
C
C
C
C
C
C C
machines (walk-
up) not on the
premises of a
financial
institution.
Automated teller
C
C
C
C
C
C
C
C C
machines (drive-
u Ph
Auto rental
X
X
X
X
X
X
(outdoor display)
S
S
S
1 S
S
1 S
*Automobile,
X
X
X
X
motorcycle, auto
S
S
S
S
or truck trailers,
truck sales of
Fentals, new,
including
accessory wed
servicing and
repairs and
incidental
rental and used
vehicle sales,
provided
that the sales and
display areas need
not be within
buildings, but
otherwise
the provision of
this code
shall apply.
(outdoor display)
Auto service
ij
44
kj
kj
kj
44
stations (see
C
C
C
C
C
C
C
section 26-661)
0451-94/A: /JAY9/A258EXH I. EXH/JJ
•
is
Ordinance No. 1133
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 7
Auto repair garage
X
X
X
(includes major
S
S
S
overhaul, paint and
body repair, but
excludes tire
recapping)
Auto repair garage
including
S
public storage of
vehicles
Bank, savings and
X
X
X
X
X
X
X
X X X
loan associations,
and similar
financial
institutions
also see
automated teller
machines►
*Barber and
kJ
X
X
X
beauty colleges
C
S
S
S
peel hall
*
X
X
X
X
X
X
X
*BiIIi8Fd paFleF and
halls (exludes-
X
X
X
X
X
X
X
peel
tables, and must
X", rar.-4
Coon epeFated
U
U
U
U
U
U
U
bBilliard parlors
C
C
C
C
C
C
C
and pool halls (see
art. XII, div. 9)
*Boat sales, new
X
X
and used, including
S
S
related servicing
and repairs
(outdoor display)
Bowling alley
X
X
X
X
X
C
C
C
C
C
*Building materials
X
X
X
sales (excludes
S
S
S
lumberyards)
(outdoor display)
0451-94/A:/JAY9/A258 EX H I. EXH/JJ
•
is
Ordinance No. 19,53
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 8
*Building materials
X
sales
S
S
(outdoor display)
Business schools
X
X
X
X
X
S
S
S
S
S
Car wash (for
X
X
accessory use see
S
S
S
S
section 26-663.5)
Club, private non-
U U
k4
U
kJ
V
U
AJ
AJ
profit (serving of'
C
C
C
C
C
C
C
C C C
alcohol allowed
only with a club as
defined by Section
23428.9 of the
California Business
and Professions
Code; see art. XII,
div. 15)
Cocktail lounge:
X
X
X
X
X
X
X
sale of Rqu-ef
pursuant to an en
C
C
C
C
C
C
C
whoeh shall be
epera#ed 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.
(see art. XII, div.
1
Commercial vehicle
X
X
X
X
X
X
X
XXX
parking (see
S
S
S
S
S
S
S
SSS
section 26-581 for
restrictions in
commercial zones)
0451-94/A:/JAY9/A258EXHI.EXH/JJ
•
•
Ordinance No. / 933
Amendment No. 258: Exhibit 1
April 5 1994 - Page 9
Country clubs
X
X
(serving of alcohol
,
allowed only with
a club as defined ,
in Section
23428.9 of the
California Business
and Professions
Code; see art. XII,
div. 15
Dancing, art,
X
X
X
X
X
X
X
music, and similar
S
S
S
S
S
S
S
schools
Doctors, or other
similar
S
S
S
S
S
S
S
S
practitioners of the
healing arts for
human beings
Drive-in, drive-
kU
kJ
kJ
kU
kJ
kJ
JJ
through, and walk-
C
C
C
C
C
C
C
up commercial
uses also see
automated teller
machines)
Entertainment
U
U
U
U
U
U
U U U
(live) in
C
C
C
C
C
C
C C C
conjunction with a
commercial use
(excludes
karaoke and solo
musicians)
Entertainment
P
P
P
P
P
P
PPP
(live) solo
musicians as
background music
and Karaoke
in conjunction with
a commercial use.
Lodge halls and
W-_U
kJ
kl
1J
k1
k1
1J
kJ
1J
similar facilities
C C
C
C
C
C
C
C
C
C
(serving of alcohol
allowed only in a
club defined in
Section 23428.9
of the California
Business and
Professions Code;
see art. XII, div.
11 15)
0451-94/A:/JAY9/A258EXH1. EXH/JJ
is
•
Ordinance No. l933
Amendment No. 258: Exhibit 1
April 5 1994 - Page 10
Medical and dental
X
X
X
X
- I
X
X
clinics
S
S
S
S
S
S
S
Outdoor seating
U
U
U
U
U
U
U
area in con*unction
P
P
P
P
P
P
P
with a r st,,. (ants
commercial use
*Plant nurseries
X
X
X
X
X
and related
S
S
S
S
S
S
packaged sales or
storage
(outdoor display)
Professional
X
X
X
X
X
X X
schools
S
S
S
S
S
SS
Restaurants
X
X
X
X
X
X
.. /' ..I. rl .... abaFet
daneing with
� r o
C
C
C
C
C
C
C
JrL
fret) r.t�
seating enly unless
with alcohol
service (see art.
XII, div. 15)
Restaurants
(iRdeeF seating
ems} (less than
2500 square feet)
with no alcohol
service, dancing,
entertainment, or
outdoor seating
Restaurants (more
S
S
S
S
S
S
S
than 2500 square
feet) with no
alcohol service,
dancing,
entertainment,
or outdoor seating
assee;atoens
0451-94/A:/JAY9/A258EXHI.EXH/JJ
•
Ordinance No. /933
Amendment No. 258: Exhibit 1
April 5 1994 - Page 11
*Swimming pools
X
X
sales and service
S
S
(outdoor display)
Theaters (excludes
X
X
X
X
X
open air)
C
C
C
C I
C
Trade schools
X
X
X
(unless
S
S
S
objectionable due
to noise, odor,
vibration, dust,
etc.)
Trailers, office
P
P
P
P
P
P
P
(temporary only) in
conjunction with a
school, hospital,
church or other
similar institutional
use (not permitted
in conjunction with
a commercial use)
Truck rental, not in
X
X
X
conjunction
S
S
S
with automobile
dealership
(outdoor display)
Unattended
kJ
k4
kJ
kJ
k4
k4
k4
k4 kJ 14
businesses
P
P
P
P
P
P
P
P P P
also see
automated teller
machines)
Section 26-602. Temporary uses -Temporary use permits required.
Section 26-603 shall remain the same
Section 26-604. Same -Christmas tree and pumpkin sales.
(a) The indoor or outdoor sale, limited to Christmas trees, aPA tree stands, 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 existing residential
developments) for, a period of not to exceed twenty-one (21) days in any- calendar
year.
• (b) and (c) shall remains the same
0451-94/A:/JAY9/A258EXHI.EXH/JJ
Ordinance No. /933
Amendment No. 258: Exhibit 1
April 5 1994 - Page 12
ARTICLE XII. SPECIAL REGULATIONS FOR UNIQUE USES
DIVISION 3. MODEL HOME MARKETING COMPLEXES
Section 26-644. Approval of plot plans.
(a) A#ter4The planning director
with his Feeemmendatiens. The planning eernmissien shall review the plot plans of a
proposed model home marketing complex and may, by Feselutien, either approve,
amend or disapprove the plot plans.
(b) Any applicant dissatisfied with the action of the planning i director may
appeal + the ity eeunei` in the manner and within time specified in Section 26-212.
Section 26-645. Building permits.
After the plot plans have been approved by the planning director
eouneil, the owner or developer may apply to the building official for the necessary
permits required for the construction of the model home marketing complex in
accordance with the approved plot plans.
All plans, specifications, and certificates required for compliance with the building
code, together with the payment of the prescribed fees, shall be required.
DIVISION 5. HOME OCCUPATIONS
Section 26-672. General conditions and regulation.
The following general conditions and regulations apply to home occupations:
(a) Emeept wh 1 feF state No employment or help other than
the resident members of the resident family.
(b) through (k) shall remain the same
!N These conditions and regulations shall not apply to community care facilities
except when in conflict with a specific state licensing requirement.
Section 26-673. Permitted uses.
(a) and (b) shall remain the same
(c) Services with limited contact with the public on the premises, specifically
limited to:
0451-94/A: /JAY9/A258 EXH I. EXH/JJ
Ordinance No. 9 3
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 13
Small family day care homes and other community care facilities, including
adult care provided the facility provides care for no more than six (6) persons
and is licensed by the State of California unless otherwise provided by State
Law.
Large family day care homes provided the facility provides care for seven (7)
to twelve (12) children is licensed by the State of California, and complies with
Section 26-287 of this section requiring approval of a permit unless otherwise
provided by State Law.
(3) through (5) shall remain the same
(d) shall remain the same.
DIVISION 9. GAME ARCADES AND BILLIARD PARLORS
Sec. 26-685. Purpose
this section shall remain the same
Sec. 26-685.2 Definitions
(a) Game arcade, main use. Any place of business empleying containing ene-(1)
er n9er-e games of of skill or science not as an accessory to a main use.
(b) Game arcade, accessory use. A use accessory to a main use, efflpleying
containing the n mbeF four (4) or more coin -operated games of skill or science.
(as defined in sections 5-72-5-91 of the West Covina Municipal Code), and
thereby, requiring an unel. ssif .,.J conditional use permit as stated in section 5-
82(b) of the West Covina Municipal Code.
(1) An accessory use game arcade erne ing containing one (1) to three (3)
coin -operated games .of skill or science is permitted to operate without
a unclassified use permit as herein provided.
(c) Billiards. Billiard and pool #a+is games shall mean any of the several games
played on a table (including those nee coin operated) surround-iRged by an
elastic ledge or cushions, with balls which are impelled intended to be propelled
by cues, whefe-a- fee -is ehafged, diFeetlyeF indifeetly= eenditieneaupeR ef
(1) Table unit shall be defined as the spaee eeeupied by ene (1) table
and the epen spaee needed te-play at the table.
(d) Billiard parlor, main use. Any place containing billiard tables not as an accessory
to a main use.
.(e) Billiard parlor, accessory use. A use accessory to a main use containing four
(4) or more billiard tables and thereby, requiring a conditional use permit
0451-94/A:/JAY9/A258 EXH I. EXH/JJ
Ordinance No.. / 93,3
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 14
An accessory use billiard parlor containing three (3) or less billiard tables
• is permitted to operate without a conditional use permit as herein
provided.
Unless otherwise specified "game arcades" means either accessory use game
arcades or main use game arcades and "billiard parlors" means either
accessory use billiard parlors or main use billiard parlors.
Sec. 26-685.4 Develepment standaMs and eenditi ens Procedure.
(a) Game arcades, and billiard and pool h parlors, may be established only in the
zones as specified in section 26-597.
(b) An u..,.lassifconditional use permit shall be obtained prior to establishing a
game arcade,
-,-Fated billiard-s or billiard parlor peel hall, (as specified in
article VI, division 3 of this chapter).
(as speeif, iH arRele V!, division 2)
(c) A planning dkeetOF'S
kd+ The development standards of the zone in which this use is to be located shall
apply (as specified in article X, division 3 of this chapter), unless this section
specifically permits or prohibits otherwise.
Sec. 26-685.6 Game arcade regulations
{e+ ll Specific development requirements for game arcades.
(1) and (2) shall remain the same
{f4 (b) Conditions of approval of an anel ssi conditional use permit for game
arcades.
(1) through (9) shall remain the same
{g+ (c) Such other conditions as deemed by the planning commission to reasonably
relate to the purpose of this division, such as but no mandatory or limited to:
(1) through (5) shall remain the same
Sec. 26-685.8 Billiard parlor regulations
+h+ (a) Specific development requirements for billiard parlors
(1) Size of table unit. The f l eeFaFeta s qu aFe feetage Fe q U i Fe d f e F a acn-table-Unit
shall be ef twe hundFeEl twenty five (226) squaFe feet. Ne playin
Issf)-ae e PFevided aFeund any table feF the PUFpese ef eemplying with these
Spacing of Tables. A clear and unobstructed distance of six (6) feet shall be
provided between tables, and between tables and walls or other obstructions
0451-94/A:/JAY9/A258 EX H I. EXH/JJ
Ordinance No. /93 3
Amendment No. 258: Exhibit 1
April 5 1994 - Page 15
(2) Lighting. The interior and exterior of the building and the front and rear parking
lot shall be brightly lighted lit with no dark areas. Exterior lighting shall be
installed and maintained in a manner eliminating any nuisance to adjacent
residential property.
(3) Floor covering. All floor surfaces of the playing and spectator area shall be
/ covered with fabric carpet.
(4) Proximity to school. No billiard parlor and peel haR shall be located within ene-
seheel one thousand (1,000) feet of a public or private school conducting
classes between the first and twelfth grades.
(5) . Open view. All billiard parlors and peel shall be so constructed and.
maintained that a clear and unobstructed view of the entire interior thereof may
at all times be had from the street or sidewalk in front of the same, except in
those cases where the billiard parlor eF peel hall is an auxiliaF accessory use
to a bona fide eating place as defined in section 23038 of the
California Business and Professions Code. No partitions forming rooms, stalls
or other enclosures. where the public congregates shall be permitted. This
provision, however, shall not be construed to preclude the maintenance of
washrooms, toilet rooms for proper purposes or the maintenance of closets for
storage purposes exclusively.
{ }() Conditions of approval of a conditional use permit planning duFeeteF'-S
Fnedofmeat for a billiard parlor and peel KaI4:
(1) At no time shall alcoholic beverages be sold, dispensed, possessed, brought,
or allowed on the premises of any billiard parlor eF peel hall except in those
cases where the billiard parlor
is:
i_ an accessory use to a bona fide eating place, or
a main use with a minimum of twentv-five (25) percent of the floor area
of the business utilized as kitchen (minimum five (5) percent (minimum
200 square feet) and dining area. At a minimum, the food service shall
be available during all hours of business operation and shall consist of a
variety of foods prepared and served on the premises including, but not
limited to salads, hamburgers, hot dogs, pizza, and tacos. Prepackaged
foods that are heated on or off the premises shall not qualify as meeting
this minimum food service requirement.
(2) No person shall operate a billiard parlor eF peel hall between the hours of 2:00
a.m. and 6:00 a.m., or permit or allow any person to play billiards or remain in
any billiard parlor eF peel hall. between the hours of 2:00 a.m. and 6:00 a.m.
This section, however, shall not be construed to prevent regular employees
from performing necessary work within the premises.
0
(3) Any billiard parlor of peel hall shall be subject at all times to police inspection
and supervision for the purpose of ascertaining if the provisions of this article
are being observed, and no personnel shall hinder, obstruct, or delay any police
officer from entering such place.
0451-94/A:/JAY9/A258 EXH I. EXH/JJ
Ordinance No. 1933
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 16
(4) No person shall keep the front door or entrance of any billiard parlor eF peel hall
locked, barred or barricaded in such a manner as to make it difficult for access
to police officers while two (2) or more persons are present. OR sin
(5) No person shall permit gambling of any kind or description, or playing any
games whatsoever for money or anything of value, within any billiard parlor of
peel hall.
(6) No card table shall be kept or any card games played or allowed in the billiard
parlor eF peel hall.
(7) Main use billiard parlors that do not serve alcohol and all accessory use billiard
parlors shall comply with the following:
i_ No person under the age of sixteen (16) years shall be in, remain in,
enter or visit any billiard FG8Fn parlor, unless accompanied by a person
over twenty-one (21) years of age who is responsible for the minor's
control and supervision.
+8} ii. No person having charge or control of the billiard feeF" parlor shall permit
or allow any person under the age of sixteen (16) years to be in, remain
in, enter or visit the billiard Feere parlor, unless such minor person is
accompanied by a person over twenty-one (21) years of age who is
responsible for the minor's control and supervision.
{�} iii. The provisions of paragraphs {a} i. and 4-b} ii. of this section shall not
apply to any person under the age of sixteen (16) years, if such person
while in any billiard fee+ ap rlor is a member of a bona fide organized
recreational group attending such room as a part of its activities, and
there is in charge of such group and accompanying such group, while in
a billiard Teem parlor, a person over the age of twenty-one (21) years.
9} iv. No person shall representthemseh himself or herself to have reached the
.age of sixteen (16) years in order to obtain admission to the billiard Feem
parlor or to be permitted to remain therein when such person in fact is
under sixteen (16) years of age.
444 v. No person under the age of eighteen 0 8) years shall be in, remain in,
enter or visit any billiard seem► parlor after 10:00 p.m. and before 6:00
a.m. of the next day, unless heisaccompanied by his/her parent,
guardian or other person having the legal care, custody or control of
such person.
4424 vi. No person having charge or control of the billiard room shall permit or
allow any person under the age of eighteen (18) years to be in, remain
in, enter or visit the billiard Fee+ parlor, after 10:00 p.m. and before
6:00 a.m.. of the next day, unless accompanied by his/her parent,
guardian or other person having the legal care, custody or control of
such person.
0451-94/A:/JAY9/A258EXHI.EXH/JJ
Ordinance No. 1933
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 17
{a3} vii. The proprietor or manager of such billiard teemm parlor shall maintain a
notice at the front entrance thereof to the effect that a person under the
age of sixteen (16) years of age is prohibited from entering the same
unless accompanied by a person over twenty-one (21) years of age who
is responsible for # v& his/her control and supervision.
Main use billiard parlors that serve alcohol as permitted under section 26-
685.8(b)(1)(ii) shall comply with the following:
i_ No person under the age of eighteen (18) years shall be in remain in, enter or
visit any billiard parlor, unless accompanied by a person over twenty-one (21)
years of age who is responsible for the minor's control and supervision.
No Derson having charge or control of the billiard parlor shall permit or allow
any person under the age of eighteen (18) years to be in remain in enter or
visit the billiard parlor, unless such minor person is accompanied by a person
over twenty-one (21) years of age who is responsible for the minor's control
and supervision.
iii. No person shall represent himself or herself to have reached the age of eighteen
(18) years in order to obtain admission to the billiard parlor or to be permitted
to remain therein when such person in fact is under eighteen (18) years of age.
iv. No person under the age of eighteen (18) years shall be in, remain in, enter or
visit any billiard parlor after 10:00 p.m. and before 6:00 a.m. of the next day.
V. No person having charge or control of the billiard parlor shall permit or allow
any person under the age of eighteen (18) years to be in, remain in, enter or
visit the billiard parlor, after 10:00 p.m. and before 6:00 a.m. of the next day.
vi. The DroDrietor or manaaer of such billiard Darlor shall maintain a notice at the
front entrance thereof to the effect that a person under the age of eighteen
(18) years of age is prohibited from entering the same unless accompanied by
a person over twenty-one (21) years of age who is responsible for his or her
control and supervision.
(c) Such other conditions as are deemed necessary by the planning commission to
protect the public health, safety, and general welfare of the community.
DIVISION 14. RECYCLING CENTERS/ MATERIALS RECOVERY FACILITIES/ SOLID
WASTE TRANSFER AND PROCESSING CENTERS
Section 26-685.92. Permitted zones and required permit.
City of land use/ Zones permitted
Type of facility
Recycling Centers
not in conjunction
with materials
recovery facility
or solid waste
transfer and
processing station
All industrial/manufacturing
and commercial zones,
industrial/manufacturing and
commercial specific plan
zones, all PCD-1 commercial
zones
0451-94/A:/JAY9/A25BEXH1. EXH/JJ
Permit required-
Unelass:f e
use peffflit
Planning
director's
Modification
Ordinance No. /933
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 18
Section 26-685.93. Development standards
(a) Recycling centers
(1) through (2)
(3) The center shall be set back at least fifty (50) feet from a right-of-way line, unless
adequately screened, , as determined by the planning
director or planning commission and shall not obstruct pedestrian or vehicular
circulation.
(4) through (17) shall remain the same
(b) and (c) shall remain the same
DIVISION 15. MAjOR HOTEL AND MAjOR MOTEL AI FOOL IG Q VERAGE
SEQvcr VIIGE
ESTABLISHMENTS THAT SERVE ALCOHOL
(ON -SALE ALCOHOL LICENSES).
Sec. 26-685.100 Purpose
The purpose of this division is to provide conditions for the establishment effd
have a bena fide feed eefv+ee faeolity of commercial uses that serve alcohol (on -sale
licenses) and to do so in accordance with certain requirements designed to ensure
compatibility of such services with surrounding business commercial and residential
development, to not create any undue concentration of such licenses, and to not
create anv adverse effect on the health and welfare of the community. Nothing herein
is intended to preempt State Law.
Sec. 26-685.102. Definitions.
(a) Bona fide eating place means or is an eating place as defined in Section 23038
of the California Business and Professions Code.
+a�,,R,�-^�t��he� hiFFn"f a-eenfefen , e
1' etek
Or haIIFGGFn of hotel eF
(b)
+d- Major hotel means or is a hotel as defined in section 26-69 of the West Covina
Municipal Code 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.
(c)
fie} Major motel means or is a motel as defined in section 26-87 of the West
Covina Municipal Code that has a minimum of one hundred (100) rooms or
0451-94/A:/JAY9/A258EXHI.EXH/JJ .
Ordinance No. 19.33
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 19
suites, and has conference rooms, banquet rooms or ballrooms available for hire
by the public.
dees have bena fide feed faeolity, an
unelassif
FnajeF Fnetel that net seFViee
ehapteF.
sISA0.Ti=----
Sec. 26-685.104. Procedure.
ll Alcohol service (on -sale licenses) may be established in conjunction with the
following uses, only in the zones specified in Section 26-597, with the approval
of a conditional use permit:
M . . bona fide eating place as defined in Section 23038 of the California
Business and Professions Code, or
clubs, lodge halls, and similar facilities as defined in Section 23428.9 of
the California Business and Professions Code, or
main use billiard parlor with a kitchen and dining area as specified in
division 8 of this article, or.
major motel or a major hotel as defined in this division.
The development standards of the zone in which this use is to be located shall
apply (as specified in article X, division 3 of this chapter) unless this division
specifically permits or prohibits otherwise.
0451-94/A:/JAY9/A258EXH1. EXH/JJ
Ordinance No. / 93,3
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 20
Sec. 26-685.106. Conditions of approval for an unelas^ifconditional use permit
for alcohol^ beveFage service.
(a) Review by the Planning Department of the operation permitted by the
^eiassofi conditional use permit is required every six (6) months for a period
of two (2) one (1) years, beginning on the date of the start of operation of the
use, and may be reviewed once a-yeaF every two (2) years thereafter.
(b) The unelassofoe ' conditional use permit shall become null and void upon transfer
of ownership or any other interest in the use permitted.
(c) The unelassofoe ' conditional use permit may be revoked, amended and
suspended by the planning commission under the provisions of section 26-253
of the West Covina Municipal Code.
(d) Licenses and permits as required in Chapter 14 of the West Covina Municipal
Code shall be obtained prior to the start of the operation of the use.
(e) Such other conditions as are deemed necessary by the planning commission to
protect the public health, safety, and general welfare of the community, such
as but not mandatory or limited to:
i_ Regulating the hours of operation of the entire business.
ii. Requiring special security measures, including but not limited to security
guards, additional lighting, burglar alarms, video surveillance.
Sec. 26-685.107. Specific conditions of approval of a conditional use permits for
alcohol service in conjunction with major hotels and major motels.
{e} The location of the "defined area," shall be the only place in the building for
serving alcoholic beverages, as shown on Study Plan "A," shall not be changed
without a revision to this unelass4me' conditional use permit. The defined area
shall be enclosed by walls or theater -type stanchions and cordons to the point
that entry/exit openings are defined well enough to monitor people going in or
out.
`y, TtCVT7'r.7'eFv.ei. Zvi u,a:.
(b)
44 No person under twenty-one (21) years of age shall be permitted in the defined
is area at any time. The defined area shall have signs posted to that effect.
0451-94/A:/JAY9/A258EXH1. EXH/JJ
Ordinance No. 1933
Amendment No. 258: Exhibit 1
April 5, 1994 - Page 21
ll
{�} Such other conditions as are deemed by the planning commission to reasonably
relate to the purpose of this division.
0451-94/A: /JAY9/A258EXH I. EX H/JJ