Ordinance - 1976ORDINANCE NO. 1976
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF THE WEST COVINA MUNICIPAL CODE
RELATING TO MULTI -TENANT USES LOCATED WITHIN
40. THE CITY OF WEST COVINA. (AMENDMENT NO. 273)
WHEREAS, the Zoning Code allows accessory uses within the enclosed tenant
spaces of primary uses when the accessory use is related and incidental to the primary
use; and
WHEREAS, staff has received an increasing amount of requests for unrelated
accessory businesses, which have been denied since unrelated accessory uses are not
permitted by Code; and
WHEREAS, the increase in requests for unrelated accessory businesses is a
reflection of an emerging trend in the retail market; and
WHEREAS, on November 14, 1995, the Planning Commission stated their desire for
more flexibility in the Zoning Code to allow unrelated accessory uses and directed staff to
do further research; and
WHEREAS, this amendment has been expanded to clarify standards for all uses
dealing with multiple tenants to maintain consistency, and
WHEREAS, on April 23, 1996, the Planning Commission held a study session to
discuss the Multi -Tenant Uses Ordinance and directed staff to draft code language to
incorporate into a final resolution for recommendation to the City Council; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
9th day of July, 1996, conduct a duly advertised public hearing as prescribed by law; and
adopted Planning Commission Resolution No. 7-96-4361 recommending that the City
Council adopt Amendment No. 273; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 6th day of August 1996; and
WHEREAS, the oral and documentary evidence considered in connection with the
code amendment reveal the following facts:
1. The General Plan of the City of West Covina states that it is the goal of the City of
West Covina to develop and expand the local economy in order to create new
employment opportunities, attract new investment, and strengthen the tax base of
the City; and
2. Relaxing the regulations prohibiting accessory uses unrelated to a primary use
would be beneficial in increasing business opportunities and accommodating an
emerging trend in retail business; and
3. Allowing unrelated accessory businesses in the City will provide an added
convenience for those who live and work in West Covina; and
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Ordinance No. 1976
Amendment No. 273: Multi -Tenant Uses
August 6, 1996 - Page 2
4. The existing prohibition of large-scale indoor multi -tenant retail centers, commonly
referred to as "indoor swap meets" should be maintained, and
5. Standards for accessory uses and all other uses involving multiple -tenants should
M be re -organized for clarity purposes; and
�1
6. Standards for unrelated accessory uses are necessary in order to protect the
community from negative impacts that may result form an over -proliferation of these
uses, especially in regards to parking, sign aesthetics, and traffic.
7. The project is Categorically Exempt as a Minor Alterations in Land Use Limitations
(Class 5) per Section 15305 of the California Environmental Quality Act (CEQA) of
1970, as amended.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of West
Covina as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 273 is hereby found to be consistent with the West Covina General Plan
and the implementation thereof.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the
City Council of the City of West Covina hereby amends Chapter 26 (Zoning) of the West
Covina Municipal Code to read as stated on Exhibit "K.
SECTION NO. 3: The City Clerk shall certify to the passage of this ordinance and
shall cause the same to be published as required by law.
1 JAY/AMD/A273/A2730R. DOC
Ordinance No. 1976
Amendment No. 273: Multi -Tenant Uses
August 6, 1996 - Page 3
PASSED AND APPROVED this 20th day of August 1996.
`V
Mayor
ATTEST:
City Clerk
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. 1976 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 6th day of August 1996. That,
thereafter, said Ordinance was duly adopted 'and passed at a regular meeting of the City
Council on 20th day of August , 1996.
AYES: Manners, McFadden, Wong, Touhey,
NOES: None
ABSENT: Herfert
City Clerk 611
APPROVED AS TO FORM:
CityAdorney
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EXHIBIT A
WEST COVINA MUNICIPAL CODE
40 CHAPTER 26. ZONING
ARTICLE II. DEFINITIONS
Sec. 26-44. Department store.
(This section shall be deleted in its entirety)
Sec. 26-45 through Sec. 26-53.
(These sections shall be renumbered as Sec. 26-44 through 26-52, respectively.)
Sec. 26-53.5.
(This section shall be renumbered as Sec. 26-53.)
Sec. 26-70.1. Indoor multi -tenant retail center.
(This section shall be deleted in its entirety.)
ARTICLE XI. NONRESIDENTIAL USES.
Sec. 26-598. Accessory uses.
(This section shall be deleted in its entirety and replaced with the following.)
Section 26-598. Multi -tenant uses.
a. Uses located within the same building shall be separated from each other by
complete floor -to -ceiling walls (or by a combination of a solid, lockable access
door on a floor -to -ceiling wall in lieu of complete separation at the discretion of
the planning director), with the following exceptions:
1) Accessory uses that are related and incidental to a primary use, or
2) Theme shopping uses as defined in Section 26-113.1 and permitted in the
C-C and S-C zones only; or
3) Uses in carts and kiosks located in the common interior corridors of
regional shopping centers, not abutting other tenant spaces; or
4) Accessory office uses that are not related to a primary office use; or
5) Accessory uses that are not related to a primary retail use, with a
minimum total floor area of 15,000 square feet, provided that the area
devoted to the unrelated accessory use(s) does not exceed 25-percent of
the gross floor area of the enclosed tenant space and the number of
unrelated 'accessory uses are limited as follows:
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Ordinance No.
Amendment No. 273: Multi -Tenant Uses
August 6. 1996 - Page 2
Gross Floor Area of
Enclosed Tenant Space
(including area devoted to
accessory use(s))
Maximum Number of
Unrelated Accessory
Uses
15,000-19,999 square feet
1
20,000-24,999 square feet
2
25,000-29,999 square feet
3
30,000 square feet and over
4
b. Accessory uses, authorized by this section, shall be permitted only if the subject
use is allowed in the zone in which they are located. Accessory uses that are
allowed subject to a conditional use permit or other discretionary approval as
independent uses shall be subject to the same approval requirements as
accessory uses.
C. Accessory .uses shall be provided with the same number of parking spaces
required for the same uses as independent uses, pursuant to Section 26-581(c).
d. Signage for accessory uses shall be allowed to the same extent as allowed by
this Chapter, except that:
1) the combined area of signage for the primary use and the accessory
use(s) shall not exceed the maximum sign area allowed by Code for the
enclosed tenant space; and
2) the sign area devoted to all accessory uses associated with a primary use
shall not exceed 50 percent of the total sign area provided for an enclosed
tenant space; and
3) the signs for accessory uses shall be placed only on the front wall of the
enclosed tenant space.
Sec. 26-598.5. Incidental retail uses allowed in non -retail uses.
The following retail uses are permitted in the following zones, provided the use is
designed as an integral and incidental part of the building, no exterior advertising for the
retail use is provided, and the total combined square footage of such uses does not
exceed fifteen (15) percent of the gross floor area of the building:
incidental retail use
O
P
C
C
N
C
R
C
S
C
C
2
C
3
M
1
I
P
P
A
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B
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Coffee/ snack shop
x
x
x
x
Pharmacies, including the sale
x
x
x
x
x
of related patent medicines
and notions
Barber and beauty shops
x
x
x
CITY OF WEST COVINA
CA JAY/AMD/2730RDX.DOC