Ordinance - 1997E
ORDINANCE NO. 1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
THE WEST COVINA MUNICIPAL CODE TO PERMIT OUTDOOR
DINING, OUTDOOR RETAIL DISPLAY, AND OUTDOOR
ENTERTAINMENT IN A SPECIFIED AREA (CODE
AMENDMENT NO. 276 - OUTDOOR USES OVERLAY ZONE).
OUTDOOR USES OVERLAY ZONE ORDINANCE
CODE AMENDMENT NO. 276
CATEGORICAL EXEMPTION
WHEREAS, the Zoning Code prohibits any commercial activity outside
enclosed buildings except for a few exceptions; and
WHEREAS, outdoor uses, such as outdoor dining, outdoor retail display, and
outdoor entertainment, have been shown to enhance shopping centers in
other communities by providing a wider variety of activities for shoppers and
residents; and
WHEREAS, allowing outdoor uses is a reflection of an emerging trend in the
retail market and planning practice, and
WHEREAS, the Planning Commission, on the 14th day of January, 1997,
approved Planning Commission Resolution No. 1-97-4398 authorizing the
initiation of Code Amendment No. 276 to allow outdoor dining, outdoor retail
display, and outdoor entertainment within outdoor. uses (O-U) overlay zones,
and
WHEREAS, the intent of the amendment is to allow these outdoor uses to
foster a high -activity, pedestrian -oriented street environment within the
overlay zone; and
WHEREAS, the Planning Commission held a study session on the 27th day of
February, 1997, where such an area was identified as appropriate for the
outdoor uses (O-U) overlay zone, and
WHEREAS, the Planning Commission held study sessions on the 25th day of
March, 1997 and on the 8m day of April, 1997, 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 13th day of May, 1997, conduct a duly noticed public hearing to
consider the code amendment, at which time the Planning Commission
adopted Resolution No. 5-97-4432, recommending to the City Council
approval, of Code Amendment No. 276; and
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Ordinance No.
Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3, 1997 - Page 2
WHEREAS, the City Council did, on the 3rd day of June, 1997 conduct a duly
advertised public hearing 'as prescribed by law to consider evidence
presented by the Planning Commission, Planning Department, and other
interested parties; and
M WHEREAS, studies and Y investigations made b the City Council and in its
9 Y
behalf 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 provide a range of non-residential uses that will
ensure a strong economic base for the City; and
2. Allowing outdoor uses in an overlay zone would be beneficial in increasing
business opportunities and accommodating an emerging trend in retail
business and land use planning; and
3. Allowing outdoor uses in an overlay zone would provide added land use
opportunities for businesses locating in West Covina as well as enhance
opportunities for existing businesses; and
4. To further enhance the intended goal and opportunities, outdoor uses
would be permitted on public property and the public street rights -of -way,
in addition to private property, located within the overlay zone; and
5. The existing regulations of outdoor uses outside of areas applied with the
outdoor uses overlay zone should be maintained; and
6. Standards for outdoor uses are necessary in order to protect the
community from negative impacts that may result form an over -
proliferation of these uses; and
7. In conjunction with the amendment, an application for Zone Change No.
654 has been filed by the City to apply the outdoor uses (OU) overlay
zone, upon the effective date of the ordinance, to the properties generally
in the vicinity of the intersection of Glendora Avenue and Lakes Drive has
been filed by the City; and
8. The project is a Categorical Exemption, Class 5 (Section 15305: Minor
Alterations to Land Use Limitations), pursuant to the requirements of the
California Environmental Quality Act of 1970 (CEQA), since the project
involves areas with an average slope of less than 20% and does not result
in any changes in land use or density.
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. 276 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 "A".
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.
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Ordinance No. 1997
Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3, 1997 - Page 3
PASSED AND APPROVED this 17th day of June 1997.
w
Mayor
ATTEST:
to
NOM
��City Clerk �q
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. 1997 was regularly introduced and placed
upon its first reading at a regular meeting of the City Council on the
3rd day of June 1997. That, thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on
17th day of June _'1997.
AYES: Howard, Nlelendez., Touhey
NOES: None
ABSENT: Herfert `
ABSTAIN: Wong /C/,m�
City Clerk
APPROVED AS TO FORM:
City , Mtorney
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Ordinance No.
Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3, 1997 - Page 4
EXHIBIT A
Chapter 26. ZONING
Art. XIII. Overlay Zones, §§ 26-686--26-749
Div. 1. Civic Center, §§ 26-686--26-695
Div. 2. Hillside, §§ 26-696--26-718
Div. 3. Planned Community and Residential Development,
§§ 26-719--26-734
Div. 4. Outdoor Uses Overlay Zone. §§ 26-735--26-745
Div. 5. Freeway Corridor Overlay Zone, §§ 26-746--26-749
ARTICLE VI. PROCEDURE, HEARING, NOTICES, FESS, AND CASES
DIVISION 1. GENERALLY
Sec. 26-206 (d) shall be amended as follows:
(d) For administrative use permits:
(1) A notice that describes the proposed project and indicates
the length of the public review period (including the last date
that a request for public hearing may be given to the
planning department) shall be mailed to owners of
surrounding property as indicated below. The public review
period shall extend for ten (10) days from the date that the
initial notice was mailed, except in the case of large family
day care homes which shall have a public review period of
fourteen (14) days. If a request for a hearing is received
during the specified time, a notice shall be mailed a
minimum of seven (7) days prior to the date of the hearing,
indicating the date, time, and location of the scheduled
public hearing.
a. 100-foot noticing radius: Notices shall be mailed to the
property owners and occupants of the subject site and all
properties located within a radius of 100 feet of the
exterior boundaries of the subject site in the case of
applications for the following purposes: large family day
care homes, miniature pot-bellied pigs, and sign
exception review, outdoor uses within the outdoor uses
overlay zone.
ARTICLE XIII. OVERLAY ZONES
The following division shall be added in its entirety:
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Ordinance No.
Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3. 1997 - Page 5
DIVISION 4. OUTDOOR USES OVERLAY ZONE
Sec.26-735. Purpose
The purpose and intent of the outdoor uses overlay zone is to allow uses and
activities that will further enhance pedestrian -oriented areas of the City and
assist in achieving the land use and economic development objectives for these
areas. By allowing outdoor uses and activities in appropriate locations within
pedestrian -oriented areas, this overlay zone will serve to add interest and
stimulation to pedestrians, enhance the character of the area, provide alternative
options for food, merchandise, and entertainment, and enhance opportunities for
the generation of commerce within the area.
Sec.26-735.1. Definitions
For the purpose of this chapter, the following definitions shall apply:
(a) "Outdoor community event" shall mean any event of a civic or cultural
nature, which may include the sale or serving of food, merchandise, and/or
entertainment held or conducted on an occasional basis for a limited
duration of time.
(b) "Outdoor dining area" shall mean the area where outdoor dining is reserved
for the exclusive use by a particular business.
(c) "Outdoor entertainer" shall mean a person or persons who conduct(s) live
performances for the general public outside an enclosed building not
necessarily in conjunction with a promotional event.
(d) "Outdoor farmers market" shall mean an outdoor area where produce, other
specialty food items, and specialty retail items may be sold on a weekly,
semi -weekly, or other occasional basis. Food items may include fresh or
dried fruits, vegetables, and flowers, but shall not include canned or
commercially -packaged food items.
(e) "Outdoor retail display" shall mean the display of items for sale outside an
enclosed building where the display remains at a fixed location even if the
structure housing the display is capable of moving.
(f) "Pedestrian -oriented area" shall mean a public or private sidewalk or other
outdoor area that, in addition to providing pedestrian access, has been
designed or serves to foster pedestrian interest, activity, and/or seating.
Pedestrian -oriented areas consist of walkways of enhanced dimensions or
design, and other plaza, courtyard, and seating areas. Design elements
within pedestrian -oriented areas may include decorative paving,
enhanced landscaping and lighting, water or art features, and seating
areas.
(g) "Specialty food items" shall mean food or non-alcoholic drink items that
are prepared and/or served on -site, that are not commercially pre-
packaged, and that would not generally be considered to be a meal item.
Examples of permitted items include fresh popcorn, pretzels, pastries,
cotton candy, ice cream cones, and juices. Examples of excluded items
include pre -packaged candy bars and other pre -packaged snack items,
hot dogs, hamburgers, pizza, or tacos.
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Ordinance No.
Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3. 1997 - Page 6
(g) "Specialty retail items" shall mean retail merchandise that has been
produced through hand -manufactured or hand-crafted methods, and
excludes pre -packaged merchandise that is available in national
distribution.
Sec. 26-735.2. Uses permitted.
Notwithstanding other sections of this code, and in addition to uses otherwise
permitted within the underlying zone, the following uses may be permitted within
the outdoor uses overlay zone, subject to the granting of an administrative use
permit (AUP) and compliance with the standards contained within this division.
Nothing within this division shall be construed to limit or affect the ability to conduct
street fairs and other similar events within street rights -of -way pursuant to
provisions of the state vehicle code.
(a) Outdoor dining areas in conjunction
restaurants or other eating and drinkin
doughnut, coffee) with indoor seating.
(b) Outdoor retail display areas.
(c) Outdoor farmers' markets.
(d) Outdoor community events.
(e) Outdoor entertainment areas.
g
with and for exclusive use by
establishments (e.g, ice cream,
Sec. 26-736. Standards for outdoor dining areas.
The following minimum standards shall apply to the design and operation of
outdoor dining areas. Additional standards may be imposed as conditions of an
AUP for specific proposals as deemed necessary.
(a) Paved surfaces. Outdoor dining areas shall be located only on paved
surfaces.
(b) Pedestrian access. A clear and unobstructed path shall be provided
between major walkways and building doors.
(c) Clearance. Outdoor dining areas shall be located at reasonable distances
from parking areas, streets and vehicular accessways.
(d) Orientation. To the extent possible, outdoor dining areas should be located
within pedestrian -oriented areas or otherwise oriented toward such areas.
(e) Parking. Additional parking may be required when it is determined that an
outdoor dining area will create a significant demand for parking beyond that
currently provided.
(f) Noise. Noise generated from outdoor dining areas, including amplified
sound equipment, shall meet the provisions of chapter 15 of this code. Live
entertainment associated with outdoor dining areas shall be authorized by
AUP and subject to the standards in section 26-740 of this division.
(g) Hours. Outdoor dining areas may only be operated during the following
hours, unless further limited as a condition, of an AUP:
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Ordinance No.
Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3, 1997 - Page 7
(1) Sunday through Thursday, not including days prior to legal holidays:
6:00 a.m. to 12:00 midnight.
(2) Friday, Saturday, and days prior to legal holidays: 6:00 a.m. to 2:00
a.m.
M h Design. Outdoor dining furniture
() 9 g barriers, and other components of
outdoor dining areas shall reflect a high quality of design and be compatible
with its surroundings. Outdoor dining objects shall be made of wood, metal,
or other durable material. Plastic furniture shall be durable and approved in
advance by the Planning Director.
(i) Barriers. Outdoor dining areas for uses with alcohol service shall be
demarcated by a temporary, semi -permanent, or permanent barrier, as
deemed appropriate by the planning director and police chief.
Q) Signs. In addition to provisions under article VI of this chapter, signs may
be placed on authorized outdoor seating furniture, umbrellas, and other
objects subject to the following:
(1) Signs shall not project beyond the edges or fascia of objects.
(2) Copy shall be limited to the maximum of one (1) line and maximum
height of one (1) foot.
(3) Separate permits for such signs shall not be required and shall not
be counted towards sign allowances otherwise permitted by article VI
(Signs) of this chapter.
(4) No detached signs shall be permitted.
Sec. 26-737. Standards for outdoor retail display areas.
The following minimum standards shall apply to the design and operation of
outdoor retail display areas. Additional standards may be imposed as conditions
of an AUP for specific proposals as deemed necessary.
(a) Paved surfaces. Outdoor retail display areas shall be located only on paved
surfaces.
(b) Pedestrian access. A clear and unobstructed path shall be provided
between major walkways and building doors.
(c) Clearance. Outdoor retail display areas shall be located at reasonable
distances from parking areas, streets and vehicular accessways.
(d) Orientation. To the extent possible, outdoor use areas should be located
within pedestrian -oriented areas or otherwise oriented toward such areas.
(e) Noise. Outdoor retail displays shall comply with noise standards contained
in chapter 15 of this code.
(f) Hours. Outdoor retail display areas may only be operated during the
following hours, unless further limited as a condition as an AUP:
(1) Sunday through Thursday, not including days prior to legal holidays:
6:00 a.m. to 12:00 midnight.
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Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3, 1997 - Page 8
(2) Friday, Saturday, and days prior to legal holidays: 6:00 a.m. to 2:00
a.m.
(g) Design. Outdoor retail display areas may consist of carts, booths, or similar
type displays. Displays shall not consist of table and rack displays, except
when part of a temporary promotional event otherwise allowed by this
chapter.
(h) Spacing. Adequate distances shall be provided between outdoor retail
display areas to buildings and other outdoor retail display areas and other
outdoor uses.
(i) Signs. Notwithstanding provisions under article VI of this chapter, the
following signs are permitted.
(1) One sign, not to exceed three (3) square feet, may be attached to
each side of the display.
(2) Additionally, price labels and other signs used to identify prices or
other incidental information, not to exceed six (6) square inches
each, shall be allowed.
(3) Separate permits for such signs shall not be required and shall not
be counted towards sign allowances otherwise permitted by article VI
(Signs) of this chapter.
(4) No detached signs shall be allowed.
(j) Items sold. Items sold from retail displays shall be limited to only specialty
retail items and/or specialty food items. Only items available for direct
purchase at the display may be sold. The sale of services or retail
merchandise not available on -site, such as cellular phone services,
insurance policies, or real estate, shall be prohibited.
(k) Outdoor retail permit. Subsequent to the approval of an AUP for an outdoor
retail display area, individual outdoor retail displays shall be permitted within
said area subject to the issuance of an outdoor retail permit (ORP). An
ORP may be issued to the grantee of the AUP (or his/her authorized
representative), or to other persons with the written consent of the grantee
of the AUP.
(1) Operation of outdoor retail displays. The operation of outdoor retail displays
shall be subject to compliance with the following standards:
(1) Outdoor retail displays shall not be left unattended at any time.
(2) No sales or other transactions shall occur while the display is in
transit to its location or otherwise in motion.
(3) Displays shall be removed off -premises or secured and locked in a
40 manner approved by the police chief or his/her designee.
(4) Seating shall be limited to maximum one "director's" type chairs or
other decorative chairs at the discretion of the planning director.
Sec. 26-738. Standards for outdoor farmers markets.
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Ordinance No.
Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3. 1997 - Page 9
The following minimum standards shall apply to the operation of outdoor farmers
markets. Additional standards may be imposed as conditions of an AUP for
specific proposals as deemed necessary.
(a) Operational plan. As part of an AUP application, an operational plan shall
be submitted and approved. Said plan shall specify the following:
(1) Location and lay -out of vendor spaces.
(2) Days and times of operation.
(3) Maximum number of vendors to be accommodated.
(4) Plan for set up, operation, and tear down of vendor spaces, including
parking of vendor vehicles.
(5) Plan for other operational requirements, including trash storage and
removal, and restroom availability for vendors.
(6) Specifications for the size, spacing, arrangement, and appearance of
vendor spaces.
(b) Paved surfaces. Outdoor farmers markets shall be located only on paved
surfaces.
(c) Location. An outdoor farmers market may only be located in an area where
it has been determined that it will not significantly interfere with normal
vehicular and pedestrian circulation within the surrounding area, and will not
significantly interfere with access to and the operation of other businesses
within the surrounding area.
(d) Noise. Outdoor farmers markets shall comply with noise standards
contained in chapter 15 of this code.
(e) Hours. Outdoor farmers markets may only be operated during the following
hours, unless further limited as a condition of an AUP (with specific
consideration given to the need to limit interference with the operation of
other businesses within the surrounding area):
(1) Monday through Friday, not including legal holidays: 5:00 p.m. to
9:00 P.M.
(2) Saturday, Sunday, and legal holidays: 6:00 a.m. to 12:00 noon.
(f) Vendors. It shall be the responsibility of the grantee of an AUP for a
farmers market (or his/her designee) to regulate and enforce the terms of
the this division and the AUP with respect to the selection of and operation
of individual vendors, including limitations on the types of items to be sold.
(g) Items sold. Items sold by vendors at outdoor farmers markets shall be
atlimited to only locally grown or produced food items, other specialty food
items, and specialty retail items. Only items available for direct purchase at
the display may be sold. The sale of services or retail merchandise not
available on -site, such as cellular phone services, insurance policies, or real
estate, shall be prohibited.
Sec. 26-739. Standards for outdoor community events.
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Ordinance No.
Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3. 1997 - Page 10
(a) Operational plan. As part of an AUP application for outdoor community
events, an operational plan shall be submitted and approved. Said plan
shall specify the following:
(1) Location and lay -out of proposed event.
ab(2) Days and times of operation.
(4) Plan for set up, operation, and tear down of event.
(5) Plan for other operational requirements, including trash storage and
removal, and restroom availability.
(6) Specifications for the size, spacing, arrangement, and appearance of
vendor spaces, entertainment stages, and other facilties.
(b) Operational conditions. Conditions shall be placed on an AUP for outdoor
community events as determined necessary to properly regulate and
control security, noise, traffic, circulation and parking, access for public
safety personnel, and other requirements to provide for the protection of the
public health, safety, and welfare.
Sec. 26-740. Standards for outdoor entertainment areas.
The following minimum standards shall apply to the operation of outdoor
entertainment areas. Additional standards may be imposed as conditions of an
AUP for specific proposals as deemed necessary.
(a) Paved surfaces. Outdoor entertainment areas shall be located only on
paved surfaces.
(b) Pedestrian access. A clear and unobstructed path shall be provided
between major walkways and building doors.
(c) Clearance. Outdoor entertainment areas shall be located at reasonable
distances from parking areas, streets and vehicular accessways.
(d) Orientation. To the extent possible, outdoor entertainment areas should be
located within pedestrian -oriented areas or otherwise oriented towards such
areas.
(e) Noise. Notwithstanding the provisions of this code, outdoor entertainment
areas may exceed noise standards contained in chapter 15 of this code
provided that no outdoor entertainment activity creates noise levels that, in
the opinion of the planning director, are at levels harmful to persons in the
vicinity.
(f) Hours. Outdoor entertainment areas maybe operated during the following
hours, unless further limited as a condition of an AUP:
(1) Sunday through Thursday, not including days prior to legal holidays:
6:00 a.m. to 12:00 midnight.
(2) Friday, Saturday, and days prior to legal holidays: 6:00 a.m. to 2:00
a.m.
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Outdoor Uses Overlay Zone
Code Amendment No. 276
June 3, 1997 - Page 11
(g) Size. Outdoor entertainment areas shall be large enough to accommodate
space for performances and audiences without obstructing normal
pedestrian or vehicular flow.
(h) Spacing. Adequate distances shall be provided between outdoor
40 entertainment areas to buildings and other outdoor uses areas.
(i) Outdoor entertainment permit. Subsequent to the approval of an AUP for
an outdoor entertainment area, individual outdoor entertainers may
permitted to perform with said area subject to the issuance an outdoor
entertainer permit (OEP). An OEP may be issued to the grantee of the
AUP (or his/her authorized representative), or to other persons with the
written consent of the grantee of the AUP.
(j) Standards for outdoor entertainment. Outdoor entertainment activities shall
be subject to compliance with the following standards:
(1) Outdoor entertainers shall not perform in any manner that blocks or
obstructs the free movement of pedestrians.
(2) Outdoor entertainers shall not involve fire, weapons, explosives,
projectiles, or other equipment or substances that may be a health
or* safety hazard to the public during performances without the
written authorization of the police department.
(3) Outdoor entertainers shall not involve, display, or otherwise use
animals, birds, fish, or reptiles in conjunction with the
performances.
(4) Outdoor entertainers involving minors under the age of 18 shall be
governed by applicable labor laws apply.
(5) Outdoor entertainer shall not erect, or bring with him/her any stage,
platform, or other structure for use during any performance.
(6) Outdoor entertainer shall not use any object that can cause serious
bodily injury to any person, or engage in any activity, including but
not limited to acrobatics, tumbling, or unicycling that can cause
serious bodily injury to any person.
(7) Outdoor entertainers shall keep the performance site litter free and
must remove litter caused by the performance prior to vacating the
site.
Sec. 26-741 - Sec. 26-745. Reserved.
DIVISION 5. FREEWAY CORRIDOR OVERLAY ZONE
Sec. 26-746 through Sec. 26-749.
40 No change.
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