Ordinance - 2030ORDINANCE NO. 2030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 1 (GENERAL PROVISIONS), CHAPTER 5 (AMUSEMENTS),
CHAPTER 15 (PUBLIC HEALTH AND SAFETY), AND CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE (CODE
AMENDMENT NO. 283).
WHEREAS, Code Amendment No. 283 is a City -initiated project to modify certain standards of
the West Covina Municipal Code; and
WHEREAS, changes in State Law, land use practice, and editorial errors necessitate minor
revisions to a number of sections to ensure the continuation of orderly development and good planning
practice within the City; and
WHEREAS, the City desires to ensure its orderly and consistent development by explicitly
clarifying and codifying certain City policies and code interpretations where current code formulations are
vague or unwieldy; and
WHEREAS, the Planning Commission did on the 8th day of December, 1998, at a public hearing,
conduct a study session wherein direction was given to staff to pursue rectification of these issues; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 26th day of
January, 1999, conduct a public hearing as prescribed by law, which hearing was continued to 9th day of
February, 1999 at which time the Planning Commission adopted Resolution No. 02-99-4536,
recommending to the City Council adoption of Code Amendment No. 283, Code Revisions; and
WHEREAS, the City Council considered evidence presented by the Planning Commission,
Planning Division, and other interested parties at a duly advertised public hearing on the 6th of April, 1999;
and
NOW THEREFORE, the City Council of the City of West Covina does hereby ordain as follows:
SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 283 is hereby
found to be consistent with the West Covina General Plan and the implementation thereof.
SECTION NO. 2: Because this project involves only minor corrections to and reformulations of existing
regulations, and explicit codifications of existing City policies and interpretations, the project can not have a
significant impact on the environment and it is exempt from the provisions of CEQA as set forth in Section
15061 (b)(3) of the California Environmental Quality Act of 1970 (CEQA).
SECTION NO. 3: It is the intent of the City that any policy changes effected by the clarification contained
herein are prospective, and not retroactive.
SECTION NO. 4: Based on the evidence presented and the findings set forth, the City Council of the City
of West Covina hereby amends Chapters 1 (General Provisions), 5 (Amusements), 15 (Public Health And
Safety), and 26 (Zoning) of the West Covina Municipal Code to read as follows:
Section 1-37.2(Chapter 26 - Zoning) is hereby deleted, and replaced with text to read as follows:
Sec. 1-37.2(Chapter 26 - Zoning). Authority of authorized city employees to issue citations.
Chapter 26 - Zoning
Chapter 26 in its entirety.
Section 5-1 is hereby amended to read as follows:
Sec. 5-1. Dance Establishments
Notwithstanding any other provision of this Code, during such time as this section is in full force and effect,
no person shall establish or conduct, or permit to be established or conducted, upon any real property
located within the city which is zoned for commercial uses, any business upon the premises of which
dancing is permitted or conducted, whether for profit or not for profit and whether participants are admitted
CAWINDOWS\TEMP\CA 283 CC ord superc1cm.doc
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with or without charge, unless a conditional use permit is first obtained in accordance with the provisions of
article VI, division 3 of chapter 26 of this Municipal Code.
Section 15-32(b)(5) is hereby amended to read as follows:
Sec. 15-32(b)(5). Weapons Definitions
(5) Any pistol which has been modified to either render it permanently inoperable or permanently to
make it a device no longer classified as a "Saturday Night Special."
Sections 26-13 to 26-113 are hereby deleted in their entirety, with new sections 26-62 and 26-63 adopted as
follows:
Sec 26-62. Intent
Words and terms used in this chapter have their usual and normal meaning unless they are listed in section
26-63 below or defined elsewhere in this chapter. Words listed in section 26-63 have the specific meaning
stated, unless the context clearly requires some other meaning.
Sec. 26-63. Definitions.
Accessory 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 passage from one to the other, then such an
accessory building or structure shall be considered a part of the main building.
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 or cat over four (4) months of age.
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, except as provided for
in section 26-339 of this chapter.
Allowable building area. That site area not included in the required, front, side or rear setbacks.
Amendment. A change in the wording, content or substance 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.
Apartment house. A building, or portion of a building, designed for occupancy by three (3) or more
families living independently of each other, and containing three (3) or more dwelling units.
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.
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.
Bachelor apartment. One room and bath, without cooking facilities, in a multiple dwelling.
Basement. That portion of a building below the first story of a building except that a basement, when
designed for, or occupied for business of manufacturing, or for dwelling purposes (subterranean garages
excepted), shall be considered a story.
Block. All property fronting upon one 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.
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Boardinghouse (or lodging house). A building where lodging and meals are provided for compensation.
Building. A permanently located structure having a roof, 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 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 200 square feet or less will not be included in the lot coverage calculation.
Building frontage. That side of a building which contains the main entrance for pedestrian ingress and
egress. If more than one 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 point of the roof structure to the finished
"grade" directly below said point, but exclusive of vents, air conditioners, chimneys or other such incidental
appurtenances.
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.
Building site. (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.
Carport. A shelter for an automobile consisting of a roof; with or without walls.
Cellar. That portion of a building between floor and ceiling which is wholly or partly below grade and so
located that the vertical distance from grade to the floor below is equal to or greater than the vertical
distance from grade to ceiling. ,
Child day care facility. A facility, licensed by the State of California, which provides non -medical 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 facility includes 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.
Commission. The planning commission of the city.
Condominium. See article IX, division 4 of this chapter.
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.
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.
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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.
Density. The number of dwelling units per acre unless otherwise specified within this chapter.
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.
Dump or sanitary landfill. An area devoted to the disposal of refuse, including incineration, reduction or
dumping of ashes, garbage, combustible or noncombustible refuse, offal or dead animals.
Dwelling. A building or portion thereof designed exclusively for residential purposes, including single
family and multiple dwellings, but shall not include hotels, motels, or boarding and lodging houses.
Dwelling unit. One (1) or more rooms in 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.
Dwelling, single family. A detached building designed exclusively for occupancy by one (1) family or
similar household unit and containing one (1) dwelling unit.
Dwelling, multiple. A cluster of attached or detached dwelling units.
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.
Family day 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:
(1) "Large family day care home" which means a home which provides family day care to nine
(9) to fourteen (14) children, inclusive, including children who reside at the home.
(2) "Small family day care home" which means a home which provides family day care to
eight (8) or fewer children, including children who reside at the home.
Family, natural. An individual or two (2) or more persons related by blood or marriage (includes adopted
children or those pending adoption) excluding servants, living together as a single housekeeping unit in a
dwelling unit.
Family, unrelated. Two (2) or more persons related or unrelated by blood or marriage but not more than
five (5) persons, excluding servants, living together as a single housekeeping unit in a dwelling unit.
Floor area ratio (FAR). The total gross floor area included within the surrounding exterior walls of all
buildings on a lot divided by the area of the lot.
Foster family. Any family residence, non -institutional in character, providing twenty -four-hour care for
not more than six (6) children under sixteen (16) years of age, as defined and licensed by or under the
regulations of the department of social welfare of the state.
Foster home. Any family residence, non -institutional in character, providing twenty -four-hour care for
more than six (6) children under sixteen (16) years of age, as defined and licensed by the department of
social welfare of the state.
Frontage. That portion of a lot having a common boundary with a public street.
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Garage, private. An accessory building or an accessory portion of the main building designed or used only
for the shelter or storage 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.
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," section 26-685.91.
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: For residential developments, the area included within the surrounding exterior walls of
a building or portion thereof. For nonresidential developments, 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.
Guest house or accessory living quarters. Living quarters within an accessory building for the sole use of
persons employed on the premises, or more temporary use by guests of the occupants of premises, such
quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.
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.
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Indoor multi -tenant retail center or 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
0 other forms of identification as displayed on signs and/or as indicated on sales receipts.
Cross reference(s)--Multi-tenant uses, § 26-598.
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.
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. The keeping or harboring at any one (1) time, of one (1) or more dogs, or cats, as a
business.
Kennel, hobby. The owning, keeping or harboring for show or breeding purposes of four (4) or more adult
dogs or cats maintained on the same lot and incidental to the occupancy of the lot for residential purposes,
but shall exclude boarding kennels.
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.
Lot. As used in this chapter, "lot" 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 is located and
which abuts at least one 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, 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, interior. A lot other than a corner lot or reversed corner lot.
Lot, key. The first lot to the rear of a reversed corner lot and whether or not separated by an alley.
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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 gore -shaped 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
(2) 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, the side street line of which is substantially a continuation of the front
lot line of the lot upon which the rear of such corner lot abuts.
Lot, through. A lot having frontage on two (2) parallel or approximately parallel streets.
Lot width. 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.
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 for storage of automobiles, boats, recreational vehicles, or other similar
uses. Membrane 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.
Mobile home park. Any area used to accommodate one (1) or more mobile homes.
Motel or tourist court. 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 auto
courts and motor lodges.
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
development standards 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.
Planning Director. The planning director, city planner, or his or her designee.
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 section 26-597 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.
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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 or guest home. A facility operated as a boarding house, and in which nursing, dietary and
other personal services are furnished to invalids and aged persons; but in which are kept no persons
suffering from a mental sickness, 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 persons 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.
Rubbish. Discarded bottles, cans, jars, scrap metals, paper, wood, glass, crockery, rags, garden and lawn
trimmings, and other normal refuse except garbage as defined in section 26-63.
Sanitarium. See "hospital."
Schools, 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.
Senior citizen housing. Projects designed only for senior citizen and handicapped housing.
Service station. A use where one 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
article XII, division 4 of this chapter for permitted and prohibited sales, services and facilities.
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."
Single apartment. One room and bath, with cooking facilities in a multiple dwelling.
Specialized nonresidential use. A use which may require a parking study to allow the planning director to
determine whether a conditional use permit is required when it is proposed in an existing, planned, or
proposed commercial center:
(1) Restaurants with greater than twenty-five hundred (2,500) square feet of gross floor area.
(2) Business schools, professional schools, trade schools and colleges.
(3) Any other office or, service, recreational, commercial, or other use which requires a
parking ratio greater than one space per two hundred fifty (1:250) square feet of gross floor
area.
(4) 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.
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.
is
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 lot. A site devoted to the commercial outdoor or indoor storage (mini -warehouses) of goods and
vehicles.
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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 underfloor space 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.
Street. A public thoroughfare which affords primary means of access to abutting property.
Street line. The boundary line between a street and the abutting property.
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.
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.
0
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. No person shall manage, conduct, carry on, or participate in, directly or indirectly, the business of
tattooing. This prohibition is declaratory of existing code provisions.
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.
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.
Use. The purpose for which land a building is arranged, designed or intended, or for which either is or may
be occupied or maintained.
Vehicle Definitions
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.
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.
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.
Motor Vehicle. A self-propelled vehicle used for the transportation of people or goods on streets.
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.
Recreational Vehicle. A vehicle, with or without motive power, which is designed for sport or recreational
use, or which is designed for human occupancy on an intermittent basis. Recreational vehicle is divided into
two categories as follows:
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• Motor home. A motorized vehicle designed for human occupancy on an intermittent basis. A
camper is considered a motor home when it is on the back of a pick-up or other truck.
• Accessory recreational vehicle. Any non -motorized vehicle designed.for human occupancy on an
intermittent basis, such as a vacation trailer or fifth -wheel trailer. A camper is considered an
accessory recreational vehicle when it is standing alone. Accessory recreational vehicle also
includes vehicles designed for off -road use, such as off -road vehicles, dune buggies, and
recreational boats.
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, pick-ups, vans, cargo vans, buses, motor homes, and other similar vehicles. Truck is intended 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.
• Pickup Truck. A truck with a manufacturer's gross vehicle weight rating of less than 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."
• Passenger Van. A vehicle commercially available in configurations with seating for up to 15
passengers, with a single rear axle and single rear wheels, and with a gross vehicle weight of less
than 10,000 pounds.
• Cargo Van. A vehicle otherwise available as a passenger van (as defined above) but without its
normal passenger seating and often without windows.
• Tow Truck. Motor vehicles specifically equipped to tow or otherwise transport passenger cars or
trucks are considered either medium or heavy trucks, as appropriate.
• 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.
• Heavy Truck. A truck, including a truck tractor, and similar vehicles with two (2) or more rear
axles.
Utility Trailer. A vehicle designed to be pulled by a motor vehicle which is used to carry property, trash, or
special equipment and that is 16 feet or less in length. Boat trailers are included as utility trailers regardless
of length. Utility trailers that are longer than 16 feet in length are considered industrial vehicles and are
regulated as heavy trucks.
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.
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.
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 for such 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. r
Yard, side. A required yard extending along the full length of the lot or parcel of land from the rear line of
is 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.
Section 26-167 is hereby amended to read as follows:
Sec. 26-167. Certificate of occupancy.
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To assure compliance with the parking provisions and other provisions of this chapter, a certificate of
occupancy shall be obtained from the building division before any premises shall be occupied or used, or
before any building thereon is occupied or used in the following instances:
(a) Before any new building or addition to any building be initially occupied or used.
(b) Before any existing building which is altered or a change of type or class of use is made.
(c) Before a change of use of any unimproved premises be made.
Section 26-186(a)is hereby amended to read as follows:
Sec. 26-186(a). Reconstruction of nonconforming building, sign, or structure partially destroyed.
(a) Except as set out in (b) below, or as otherwise allowed by law, a nonconforming building, sign, or other
structure which is destroyed to the extent of no more than fifty (50) percent of its reasonable replacement
value at the time of its destruction may be restored and the occupancy or use of such building, sign, or other
structure which existed at the time of such partial destruction may be continued subject to all other
provisions of this article.
Section 26-202(a) is hereby amended to read as follows:
Sec. 26-202(a). Filing fees.
(a) If, pursuant to the guidelines and procedures for evaluating environmental impacts of proposed projects,
the planning director declares that a proposed action is not categorically exempt from the provisions of the
California Environmental . Quality Act of 1970, the developer shall be required to pay the required
environmental impact report filing fee as established by a resolution of the city council at the time the
application to prepare or process required environmental impact documents is accepted.
A newlsection 26-203 is hereby added to read as follows:
Sec. 26-203. Multiple Applications
Multiple applications needed for the same project (e.g. a precise plan and zone change) must be filed and
processed concurrently.
Section 26-205(b) is hereby amended to read as follows, with 26-205(c) deleted:
Sec. 26-205(b) and (c) Setting hearings.
(b) All proposals for administrative use permits shall be considered by the planning director in a public
hearing when the applicant or any other party affected by the proposal submits a written or oral request
for a hearing to the planning department within the specified public review period. In accordance with
section 26-206(d), surrounding property owners and occupants shall be mailed a notice that describes
the proposed project and indicates the last date that a request for a public hearing may be filed. A
hearing will only take place if a request for such hearing is made with the planning division within the
prescribed time period. If such a request is received, a notice shall be mailed in accordance with section
26-206(d) to state the date, time, and location of the scheduled public hearing. If no request for hearing
is received within the stated time, the planning director shall have the authority to approve, approve
with conditions, or disapprove the proposal without benefit of a hearing. Conversely, the planning
director may elect to not rule on the proposal prior to, noticing and transfer the matter directly to the
planning commission, to be heard within thirty (30) days from the date this election by the planning
director is provided in writing to the applicant. All times as set out herein shall be calendar days unless
otherwise indicated.
Section 26-206, paragraphs (a)(2), (c)(1), and (d)(1) are hereby amended to read as follows:
Sec. 26-206(a)(2), (c)(1), (d)(1). Notices
(a) (2) A notice of public hearing shall be mailed to the owners and occupants of all property within a
radius of three hundred (300) feet of the exterior boundaries of the property under consideration,
using for this purpose the name and address of such owners as shown upon the latest available
assessment rolls of the county assessor. The notices shall be mailed at least ten (10) days prior to
the date of the public hearing.
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(c) (1) A notice of public hearing shall be mailed to the applicant and to the owners and occupants of all
property abutting or affected by the subject property or separated therefrom only by a street or
alley, at the address of such owners as shown on the last equalized assessment roll. The notices
shall be mailed at least ten (10) days prior to the date of the hearing.
(d) (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 division) shall
be mailed to owners and occupants 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.
Section 26-210(c) is hereby amended to read as follows:
Sec. 26-210(c). Planning commission decision and findings.
(c) Keep all reports as permanent record in the files of the planning division.
Section 26-211(a) is hereby amended to read as follows:
Sec. 26-211(a). Effective date of planning commission decision.
(a) All decisions of the planning commission except recommendations for general plan amendments and
recommendations of approval for zoning amendments shall become final and effective after the expiration
of the appeal period as set forth in sec. 26-212, below.
The existing Section 26-212 is deleted, and replaced with a new Section 26-212 to read as follows:
Sec. 26-212. Appeal procedure.
(a) Appeals may be submitted by anyone, must be in writing, must include specific reasons for the
appeal, and must be accompanied by the fee set by city council resolution and the .mailing labels
necessary to provide public notice of the appeal. Decisions of the planning director or
administrative review board may be appealed to the planning commission; decisions of the
planning commission may be appealed to the city council. Such an appeal suspends and sets aside
the decision of the lower authority.
1. Appeals of planning director or administrative review board decisions must be submitted to the
planning division no more than ten (10) calendar days after a written decision, unless otherwise
provided in this code.
2. Appeals of planning director decisions regarding administrative use permits and sign
administrative reviews must be submitted to the planning division no more than seven (7)
calendar days after a written decision.
3. Appeals of planning commission decisions must be submitted to the city clerk no more than ten
(10) calendar days after adoption of a resolution of approval or denial; except zone change
denials, which must be appealed within five (5) calendar days.
(b) The city council shall conduct a public hearing on the appeal within thirty (30) days from the date of
notification of the appeal, or as otherwise specified by the city council.
(c) When considering an appeal, the city council may approve or deny the recommendation of the planning
commission, or modify the project.
Section 26-217(c) is hereby amended to read as follows:
Sec. 26-217(c). City council decision and findings.
(c) Attach a copy of the resolution or ordinance to the file in the case and return the complete file to the
planning division.
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Section 26-226(a) is hereby amended to read as follows:
Sec. 26-226(a). When required.
(a) No person shall commence any use for which a conditional use permit is required or any use in any zone
not permitted by right in either the R-A or R-1 zone, and no building permit shall be issued for any
structure to be used for or in conjunction with any such use, until a precise plan of design covering the
parcel or parcels to be used shall be approved and adopted as herein provided.
A new Section 26-237 is hereby added to read as follows:
Sec. 26-237. Existing regulations.
As part of a precise plan approval, the planning commission may require development standards more strict
than the regulations of this code (e.g. less sign area, less building coverage, lower density, increased
parking, increased fence or wall height, etc.) when such restrictions will mitigate potential impacts to
surrounding properties or achieve greater aesthetic or functional integration and compatibility with
neighboring developments.
The first line of Section 26-247 is hereby amended to read as follows, with no changes to (a) through (e):
Sec. 26-247. Required findings for conditional use permit.
Prior to the granting of a conditional use permit it shall be found:
The existing Section 26-250 is hereby deleted, replaced with a new Section 26-250 to read as follows:
Sec. 26-250. Existing regulations.
As part of a conditional use permit approval, the planning commission may require development standards
more strict than the regulations of this code (e.g. less sign area, less building coverage, lower density,
increased parking, increased fence or wall height, etc.) when such restrictions will mitigate potential
impacts to surrounding properties or achieve greater aesthetic or functional -integration and compatibility
with neighboring developments.
Section 26-253(a)(6) is hereby amended to read as follows:
Sec. 26-253(a)(6). Revocation.
(a) (6) The required findings for a conditional use permit (as specified in section 26-247) have been
violated; or
The first line of Section 26-263 is hereby amended to read as follows, with no changes to (a) to (d):
Sec. 26-263. Required findings for variances.
Before any variance may be granted, it shall be found:
Sections 26-267(a) and (b) is hereby amended to read as follows:
Sec. 26-267 (a) and (b) Review Board
(a) There is hereby created a review board of three (3) members consisting of the planning director,
building official, and public services director. In the absence of any member, the assistant. or deputy may
act as such member in their stead. Any two (2) members or alternates shall constitute a quorum. The
concurrence of two (2) members shall be necessary to render a decision. The board of review may adopt.
rules to govern its own meetings and procedures in conformance with this article.
(b) Subject to the provisions of this section, the review board may grant or deny slight
modifications.
(1) Upon the filing with the planning division of an application for a variance which would
constitute a slight modification, the provisions of this section shall apply. Said application
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shall be accompanied by an application fee as established by a resolution of the city council
and three (3) sets of property owner labels required for notification purposes.
(2) The planning division shall set each application for hearing before the review board at such
time and place as the board shall designate and shall give written notice thereof at least ten
(10) days before said hearing by United States mail, postage prepaid, to the applicant and to
the owners and occupants of all property abutting or affected by the subject property or
separated therefrom only by a street or alley, at the address of such owners as shown on the
last equalized assessment roll. The review board shall conduct a public hearing upon the
application at said time and place, or at the time as said hearing may be adjourned to, at
which time the board shall hear the applicant and any protests. If it finds that facts exist
justifying the granting of the variance requested, it shall grant the same in writing stating
the reasons therefor subject to such conditions as may be found necessaryto protect the
public peace, health, safety, morals or general welfare. The board shall thereupon transmit
copies of the summary of action to the members of the city council and mail the letter
approving or denying the variance requested to the applicant within seven (7) calendar days
of the hearing.
(3) The review board may determine not to hear an application and transfer the matter to the
planning commission, to be heard in a public hearing within thirty (30) days from the date
the determination is given in writing to the applicant. Notification of the public hearing
shall be provided in same manner as described in subsection (b)(2) of this section.
(4) The decision of the review board or planning commission, as the case may be, shall be final
unless appealed as set out in section 26-212 of this chapter. The notice requirements for an
appeal shall be as in subsection (b)(2) of this section.
Section 26-290(a), (c), and (d) is hereby amended to read as follows:
Sec. 26-290(a), (c), and (d). Permit required.
(a) No person, firm or corporation shall remove, relocate or destroy any significant tree on private
or public property within city limits (including an applicant for a building permit) without first obtaining a
tree removal permit from the planning division. Any significant tree located in or on public property
requires a tree permit approval from both the planning and maintenance divisions.
(c) No person shall prune or trim more than ten (10) per cent of live foliage or limbs from any oak
tree as defined in this article, or cause the same to be done, unless an excess pruning permit is first obtained
from the planning division.
(d) Pursuant to Chapter 24 of the West Covina Municipal Code no unauthorized person shall
remove, destroy, prune or trim any portion of any tree located in or on public property. In addition, any tree
with a caliper of one (1) foot or larger located on public property requires 'a tree permit approval from both
the planning director and superintendent of maintenance operations.
Section 26-292 is hereby amended to read as follows:
Sec. 26-292. Application and fees.
An application for a tree permit shall be filed with the planning division The application shall be on the
forms prescribed by the planning commission and shall be accompanied by the fee established by city
council.
0 Section 26-293(d) and (e) is hereby amended to read as follows:
Sec. 26-293. (d) and (e) Permit procedure.
(d) Appeal procedure. Appeals may be filed per the requirements of section 26-212 of this chapter.
(e) Approval period. Tree -removal permits shall be effective following the appeal period and shall be valid
for a period of ninety (90) days, subject to extension. Where the tree -removal permit is associated with a
development application, the ninety (90) days shall start from the date of final map recordation or issuance
of building permit, whichever comes first.
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Code Amendment No. 283 - Code Revisions
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Section 26-294(c), (d), and (f) is hereby amended to read as follows:
Sec. 26-294(c), (d), and (f). Protection of trees during development activity.
(c) No structure or impervious paving shall be located within the dripline or within a six (6)
foot radius of the trunk perimeter, whichever is greater, of any significant tree or heritage
tree. A tree with a caliper of thirty (30) inches or more shall require additional space as
determined by the planning director, superintendent of maintenance operations, or arborist.
(d) Branches that could be injured by vehicles or that interfere with the development activity
may be pruned to the satisfaction of the planning director, superintendent of maintenance
operations, or arborist.
(f) No construction, including structures and walls, that disrupts the root system, shall be
permitted. As a guideline, no cutting of roots should occur within a distance equal to three
and one-half (3 1/2) times the trunk diameter, as measured at ground level. Actual setback
may vary to meet the needs of individual tree species as determined by the planning
director, superintendent of maintenance operations, or arborist. Where some root removal
is necessary, the tree crown may require thinning to prevent wind damage.
Section 26-295(b) is hereby amended to read as follows:
Sec. 26-295 (b). Penalties.
(b) Violators may also be required to replace the tree(s) with a tree(s) of comparable size, type and
condition as determined by the planning director and, in appropriate cases, the superintendent of
maintenance operations.
Section 26-310.16 is hereby amended to read as follows:
Sec. 26-310.16. Identification sign.
"Identification sign" shall mean 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.
Section 26-312(e)(1) is hereby amended to read as follows:
Sec. 26-312(e)(1). Prohibited signs.
(e) (1) No sign shall be affixed to private improvements in the public right-of-way, including but not
limited to utility poles, light standards, telephone poles, telephone equipment boxes, cross -arms,
traffic control devices, trees, fences, or poles supporting fences.
Section 26-321 is hereby amended to read as follows:
Sec. 26-321. Permanent signs.
Except as otherwise provided for under this article, no permanent on -site sign may be constructed, installed,
placed, displayed, or otherwise established on any building, structure, or site; and no existing permanent
sign may be modified without first obtaining approval of the appropriate clearance from the planning
division as set forth below. Clearance for permanent signs shall be in the form of (1) a sign permit clearance
(SPC), (2) a sign administrative review (SAR), or (3) a sign exception review (SER) as set forth in this
division. Clearance for temporary signs shall be in the form of (1) a special events permit (SEP), or (2) a
temporary use permit (TUP) as set forth in sections 26-602 and 26-614 of this chapter, respectively. Such
is approval shall be in addition to the requirement for any sign permit from the building division pursuant to
Article IX, Chapter 7 of the West Covina Municipal Code. A permanent on -site sign may be commercial or
noncommercial.
Section 26-322 is hereby amended to read as follows; excepting (a) through (h) which are not changed:
Sec. 26-322. Signs not subject to approval.
The following types of signs that comply with the standards of Division 6 and other provisions of this
article shall be permitted without approval by the planning division:
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Code Amendment No. 283 - Code Revisions
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Section 26-323(a) is hereby amended to read as follows, excepting (a)(1) through (a)(5), which are not
changed:
Sec. 26-323(a). Submittal requirements.
(a) Plans. Requests for approval of a sign permit clearance, sign administrative review, or sign exception
review shall be submitted to the planning division with three (3) copies of the following:
Section 26-324(b) is hereby amended to read as follows:
Sec. 26-324(b). Sign permit clearance.
(b) Review procedure. Upon submittal, requests for a sign permit clearance shall be reviewed for
compliance with the provisions of this article and other applicable provisions of this chapter. Staff of the
planning division as designated by the planning director shall be authorized to approve, approve with
conditions, or disapprove requests for a sign permit clearance.
Section 26-325(c) is hereby amended to read as follows:
Sec. 26-325(c). Sign administrative review.
(c) Review by planning commission. The planning director may elect to not rule on a request for a sign
administrative review and transfer the matter to the planning commission, to be heard within thirty (30)
days from the date the applicant is provided with the planning director's written decision.
Section 26-341(c) and (d) is hereby amended to read as follows:
Sec. 26-341(c) and (d). Office buildings, including institutional uses (e.g. religious facilities) --Wall
signs.
Class
Maximum
Number
Maximum Area
Maximum Height/
Location
Permit
Req.
Com
ments
(c) Tenant
Tenant identification allowed ONLY for tenants on ground floor with exterior entrances
Identification
exclusive from entrances to other units. Size and location subject to section 26-350.
(d) Building
One (1)
Size of bonus (size of
SAR
Area Bonus
bonus, in
bldg) 100s.f. (60-99,000
(for buildings
addition to
s.f.) 150 s.f. (100-124,000
with floor
wall sign
s.f.) 200 s.f. (125--149,999
areas of
allowance
s.f.) 250 s.f. (150,000 s.f.
60,000 s.f. or
normally
or more) No max. for total
more)
allowed, per
wall signage.
building.
Section 26-356(a), "comments" is hereby amended to read as follows:
Sec. 26-356. Same --Detached signs (special uses)
Class
Maximum
Maximum
Maximum
Permit
Comments
Number
Area
Height/ Location
Req.
(a) Service station
One (1)
[no
1.25 times the
SAR
Accessory uses may be identified on
identification/
per site
change]
building height
the service station ID sign at the
price panel
discretion of the planning director
Section 26-370(b) is hereby amended to read as follows:
Sec. 26-370(b). Temporary signs, non -promotional.
(b) For
1. Attached to
One (1)
1.32 s.f.
1. Below
1. None 2.
Copy limited to
Sale, For
building wall or,
per
(single-
roofline.
SAR (must
name/logo of
Lease,
2. Detached; only
street
face only)
2. Ten
be taken
owner, sale/
For Rent
on unimproved
frontage
2. 32 s.£
(10) feet.
down
lease agency,
Signs.
property, or when
I per face
when over
and "for sale,
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over 75 percent of
(double-
75 percent
lease, rent" or
building is vacant
face
of building
similar
(in lieu of
permitted)
is leased)
messages. .
attached).
Section 26-373(f) is hereby amended to read as follows:
Sec. 373(f). Same -minor events and promotions
(f) Pennants, Streamers, Searchlights, and May be permitted at planning director's discretion when in
Other Attention Attracting Devices Not Listed. conjunction with a SEP.
The heading for Article VIII is hereby amended to read as follows:
ARTICLE VIH.
RESIDENTIAL AGRICULTURAL ZONE/SINGLE FAMILY ZONE
Section 26-391(b)(1)(c) and (f) is hereby amended to read as follows:
Sec. 26-391(b)(1)(c) and (f). Permitted uses.
(b) (1)(c) The property owner shall be required to record a deed restriction limiting the use of
the guest house or accessory living quarter as stated in section 26-63 of the West
Covina Municipal Code. Said deed restriction shall be provided to the planning
division prior to the issuance of a building permit.
(f) Garage sales (see requirements in section 14-101 to 14-104)
Section 26-391, subparagraphs h, i, j, k, and 1 are hereby struck in their entirety, and new section 26-392 is
hereby adopted in their place to read as follows:
Sec. 26-392. Vehicles in residential zones
Purpose. The provisions of this section are intended to reinforce community standards and to promote an
attractive residential appearance in the city's neighborhoods. The size, number, and location of
parked and stored vehicles in residential zones are regulated to preserve the appearance of
neighborhoods as predominantly residential in character. These regulations apply to all residential
uses in R-1 and RA zones.
(a) Commercial vehicles. It shall be unlawful to park or store any commercial vehicles, trailers, or
other related equipment. The provisions of this subparagraph (a) do not apply to passenger vehicles,
pickup trucks, passenger or cargo vans, or recreational vehicles.
(b) Allowed parking area. For residentially zoned lots developed with a single-family residence,
allowed parking areas, in addition to a permitted garage or carport, are:
1. Paved areas of the front yard, defined as all yard area between the front property line and the
main building on the lot.
2. Areas of interior side, street side, or rear yards which are fully screened by solid six-foot fences
or walls and/or view -obscuring landscaping, except within five feet of the rear property line.
3. Public sidewalks and paved areas of a public parkway are not considered allowed parking
areas.
(c) Utility trailers and accessory recreational vehicles. Utility trailers and accessory recreational
vehicles may be parked in allowed parking areas, except they may not be parked between the front
lot line and the front building line.
(d) Inoperable vehicles. It shall be unlawful to park or store any inoperable vehicle in any front yard,
or any other yard where not screened from all off -site ground -level views, for more than 72 hours.
Up to two (2) inoperable vehicles may be parked for any length of time in an enclosedgarage or the
rear or side yards where such yards are completely enclosed with six-foot solid walls or fences.
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(e) Auto repair and service.
(1) It shall be unlawful to service or repair any vehicle, inoperable or not, whether or not
registered to the occupant of the property, or otherwise belonging to him/her, except completely
within the garage, carport, or on the driveway. Only one (1) vehicle at a time may be serviced or
repaired on the driveway or in a carport per residential lot.
(2) Notwithstanding subparagraph (e)(1), it shall be unlawful to conduct more than two (2)
incidents of repair or service within a 30-day period on vehicles not registered or otherwise
belonging to the occupant(s) of the property on which the repair or service is taking place. An
incident shall include all repair or service activities occurring within a 72-hour period. This section
shall not apply to an incident of repair or service required by an emergency.
(3) An incident of repair or service under subparagraphs (e)(1) and (2) shall be allowed only if
the repair or service is conducted between 8:00 a.m. and 10:00 p.m., noise levels created do not
exceed the ambient noise level by more than five (5) decibels at the property line, and the repair or
service complies with applicable environmental, health and safety codes and regulations. Further,
use of power tools (pneumatic or electrical) shall not be permitted beyond the hour of 8:00 p.m.
(f) Operations of vehicles on private property. The following shall apply:
(1) It shall be unlawful to operate any motor vehicle (as defined in section 415 of the Vehicle
Code of the State of California) upon the private property of another without first obtaining
the written permission of said owner.
(2) Persons who obtain permission from private property owners to operate motor vehicles
thereon shall maintain in their possession such written permission at all times when
operating motor vehicles on said private property.
(3) This subparagraph (f) in no way prohibits the use of such private property by:
a. Emergency vehicles.
b. Vehicles of commerce in the course of the conduct of normal business.
c. Vehicles being operated on property devoted to commercial purposes where the general
public is expressly or implicitly invited to such property.
d. Vehicles operated on property actually used for residential purposes and where such
vehicle is there at the express or implicit invitation of the owner or occupant.
(g) Public nuisance. 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 violation of this section.
Sec. 26-401.5(a). Maximum unit size.
(a) The maximum size of units in developmental areas shall be governed by the following table:
Lot size (sq. ft.):
Maximum Unit Size (Gross Floor Area in Sq. Ft.)
All lots within Area District- lA only
0.50 FAR for first 5,000 sq. ft. of lot area
0.35 FAR for remaining lot area in excess of 5,000 sq. ft.
Under 20,000
0.35 FAR or 3,999, whichever is less
20,000--24,999
4,000
25,000--29,999
5,000
30,000--34,999
6,000
35,000--39,999
7,000
40,000+
8,000
Section 26-402(a) and (b) is hereby amended to read as follows:
Sec. 26-402(a) and (b). Off-street parking.
(a) In R-A and R-1 zones there shall be four (4) accessible off-street parking spaces provided for each
dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed. However,
when a carport is not readily visible from the street, the City may determine that six-foot or higher
masonry walls around the perimeter of the property (or other view -obscuring physical or topographical
features) constitute enclosure. The provisions of this section shall apply to new single-family dwelling
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 19
construction after January 1, 1993, and when any expansion to an existing single-family structure
exceeds the maximum permitted for a lot as outlined in section 26-296.110. In all other cases, there
shall be two (2) accessible off-street parking spaces enclosed on three (3) sides and roofed, provided for
each dwelling unit, except as provided in subsection (d) below.
Section 26-402.5(e) and (f) is hereby amended to read as follows:
Sec. 26-402.5(e) and (f). Maximum pavement coverage.
(e) 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 a six -foot -high masonry block wall screens the pavement from all street views.
Unscreened pavement in street side yards shall be treated as pavement in front yards. .
(f) Circular drive portions of pavement additions are exempt from the provisions of paragraph (d). Review
and approval of a circular drive by the planning division does not mandate approval of a curb cut permit
which may be denied by the engineering division in consideration of engineering requirements.
Section 26-405.5(a) is hereby amended to read as follows:
Sec. 26-405.5(a). Exemption from yard and setback requirements.
(a) All nonhabitable freestanding roofed solid -walled 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 under seven (7) feet in height in yards which are screened by fencing or
shrubs at least five (5) feet tall may encroach into the interior side yard behind the main building as
described in section 26-405, and the rear five (5) feet of the required rear yard.
Section 26-409(d)(2) is hereby amended to read as follows:
Sec. 26-409 (d)(2) Mechanical Equipment and Lighting
(d)(2) If, upon inspection by authorized city staff, it is determined that a violation of this section is
occurring, the planning director may require mitigation measures 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 fixture 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.
[Code Amendment No. 287 (Membrane structures), passed by the City Council on March 16, 1999
as Ordinance No. 2029, added a new Section 26-411 and recodified existing Sections 26-
411(Building Coverage) and 26-412 (Wall, fence or hedge permitted) as Sections 26-412 and 26-
413, respectively. As part of this Ordinance (Amendment No. 283), existing section 26-412.5
(Retaining walls) is hereby recodified in its entirety as Section 26-414, existing section 26-413
(Certain objects...) is recodified as section 26-415, existing section 26-414 (Landscape
maintenance) is recodified as section 26-416, and existing section 26-415 (Maintenance...) is
recodified as section 26-417. The numbers used below reflect this re -numbering scheme.]
Section 26-412 is hereby amended to read as follows:
Sec. 26-412. Building coverage.
The maximum building coverage, as defined in section 26-63, of all structures in zones R-A and R-1 shall
not exceed thirty-five (35) percent of the total lot or parcel area, except in Area District 1 A.
Section 26-413(c) is hereby amended to read as follows:
Sec. 26-413(c). Wall, fence or hedge permitted.
(c) Upon issuance of a building permit, with approval of the planning director, a fence or wall not more
than six (6) feet in height may be erected within the required front yard provided that any portion in
excess of forty-two (42) inches, and in the case described in subsection (b) (triangular area of corner
lots), any portion in excess of thirty-six (36) inches shall be constructed of decorative wood, wrought
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 20
iron or like material, of such density that no more than thirty (30) per cent of the view is obstructed.
Chain link fencing materials are prohibited within the required front yard (as defined in section 26-63).
Section 26-415(a)(1) is hereby amended to read as follows:
Sec. 26-415(a)(1). Certain objects and material prohibited in all yards.
(a) (1) Any garbage or putrescible matter, whether mixed with rubbish or other matter or not.
Existing Section 26-438 (same --Parking or storing of commercial vehicles) is hereby deleted in its entirety,
as are subparagraphs (i), 0), and (k) of Section 26-436, and are replaced with a new Section 26-438 to read
as follows:
Sec. 26-438. Vehicles in MF zones.
Purpose. The provisions of this section are intended to reinforce community standards and to promote an
attractive residential appearance in the city's neighborhoods. The size, number, and location of
parked and stored vehicles in residential zones are regulated to preserve the appearance of
neighborhoods as predominantly residential in character. These regulations apply to all residential
uses in multi -family zones.
(a) Commercial vehicles. It shall be unlawful to park or store any commercial vehicles, trailers or
other related equipment. The provisions of this subparagraph (a) do not apply to passenger vehicles,
pickup trucks, passenger or cargo vans, or recreational vehicles.
(b) Utility Trailers and accessory recreational vehicles. Utility trailers and accessory recreational
vehicles may be parked in enclosed parking areas only.
(c) Inoperable Vehicles. No more than one (1) inoperable vehicle may be kept on site per dwelling
unit, and may be kept on -site for no more than 72 hours. If so kept, an inoperable vehicle must be
fully within a garage, carport, or other approved parking space.
(d) Auto repair and service.
(1) It shall be unlawful to service or repair any vehicle, inoperable or not, whether or not
registered to an occupant of the property, or otherwise belonging to him/her, except
completely within the garage, carport, or other approved parking space. Only one (1)
vehicle at a time may be repaired or serviced in a carport or approved parking space per
dwelling unit.
(2) Notwithstanding subparagraph (d)(1), it shall be unlawful to conduct more than two (2)
incidents of repair or service within a thirty -day period on vehicles not registered or
otherwise belonging to the occupant(s) of the property on which the repair or service is
taking place. An incident shall include all repair or service activities occurring within a 72-
consecutive-hour period. This section shall not apply to incidents of repair or service
required by an "emergency."
(3) An incident of repair or service under subsections (d)(1) and (2) shall be allowed only if the
repair or service is conducted between 8:00 a.m. and 10:00 p.m., noise levels created do not
exceed the ambient noise level by more than five (5) decibels at the property line, and the
repair or service complies with applicable environmental, health, and safety codes and
regulations. Further, use of power tools (pneumatic or electric) shall not be permitted
beyond the hour of 8:00 p.m.
(e) Public Nuisance. 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 violation of this section.
Section 26-465 is hereby amended to read as follows:
Sec. 26-465. CC & R's.
As used in this article, "CC & R's" shall mean conditions, covenants and restrictions of any condominium
project, community apartment house, or any other planned development.
•
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Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 21
The first two sentences of Section 26-482 are hereby amended to read as follows, with no change to
subparagraphs (a) through (f):
Sec. 26-482. Contents of copies of CC & R's.
Copies of conditions, covenants and restrictions that will apply to the proposed condominium project shall
be submitted after the approval of a project and approved by the planning director and city attorney and
recorded by the applicant. These CC & R's shall:
Existing section 26-538 (Community Commercial zone) is hereby deleted in its entirety.
Section 26-570(g) is hereby amended to read as follows:
Sec. 26-570(g). Lighting.
(g) Neon architectural lighting shall be approved pursuant to the Municipal Code requirements for neon
signs in Chapter 26, Article VII, (signs) and Chapter 7, Article IX (signs).
Section 26-572(c)(2) is hereby amended to read as follows:
Sec. 26-572(c)(2). Landscape criteria.
(c)(2) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory to the
planning division shall be planted for every five (5) single row parking stalls or every ten (10)
double row parking stalls within the parking lot in PAR Zone.
Section 26-573 is hereby amended to read as follows:
Sec. 26-573. Site size.
All sites shall conform to the dimensions set forth in this section. A development or center may, however,
be a combination of many parcels totaling at least the required site size, but its design must be integrated
and unified.
O-P
N-C
C-3
R-C
S-C
M-1
I-P
OS, P-B
PAR
Min. Size
15,000
sq. ft.
15,000
sq. ft.
--
30
Ac.
15,000
sq. ft.
--
1
Ac.
--
5 Ac.
Min. Width
70'
--
--
--
100,
--
100'
--
--
Min. Ave. Depth
140'
--
--
--
140'
--
130'
--
--
Section 26-575(d) is hereby amended to read as follows:
Sec. 26-575(d). Walls.
(d) All walls shall be architecturally compatible with main buildings. Type, texture, and color shall be
approved by the planning commission. Barbed wire shall not be permitted.
Section 26-576 is hereby amended to read as follows:
Sec. 26-576. Height limit.
Buildings within the nonresidential zone, when within charted feet of a single-family zone, shall have a
maximum height as follows:
Zone
O-P, N-C, R-C
S-C, I-P
C-2, C-3, M-1
O-S, P-B
PAR
PAR
PAR
Single -Family
Within
100,
100'
--
--
less than
40'
170'
more than
170'
Max. Height
25'
35'
45'
--
25'
40'
100'
•
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 22
Max. Stories I --
-- 1 4 1 -- I -- I -- I __
The charts and final paragraph contained in Section 26-577 are hereby amended as follows:
Sec. 26-577. Yards.
Minimum Setbacks
Adjacent to Residential
N-C, O-P
C-2
C-3
R-C
S-C
M-1
I-P, PAR
O-S, P-B
Front
15'
15' Min.
20'Ave.
15'
15'
15' Min.
20'Ave.
25'
30'
--
Side
10'
PP*
PP*
1'5
10'
PP*
25'
10'
Rear
15'
15'
1 15'
15'
1 15'
15'
25'
30'
Minimum Setbacks
Adjacent to Nonresidential
Front
Side
Rear
N-C, O-P, R-C, S-C
Average 15'
Minimum 5'
--
--
Average 15'
Minimum 5'
C-2
PP*
PP*
PP*
C-3
PP*
PP*
PP*
M-1
PP*
PP*
PP*
I-P
25'
5'
15'
PAR
30'
10'
O-S
P-B
PP* No yards required except such as may be incorporated in a precise plan, conditional use
permit or variance.
When the rear of a site zoned O-P, N-C, R-C or S-C 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.
Section 26-581, subparagraphs (b)(1) and (e)(4)(c) are hereby amended as follows:
Sec. 26-581(b)(1) and (e)(4)(c). Off-street parking --General requirements.
(b)(1) For hospitals, homes for the aged, orphanages, and other similar uses, not more than one
hundred fifty (150) feet from the building they are required to serve; and
(e)(4) c. Parties concerned in the joint use of off-street parking facilities shall evidence agreement
for such joint use by a proper legal instrument approved by the city attorney as to form and
content. Such instrument, when approved as conforming to the provisions of this chapter,
shall be recorded in the office of the county recorder and copies thereof filed with the
building, planning, and engineering divisions.
Section 26-582(n)(4)is hereby amended to read as follows:
Sec. 26-582(n)(4). Parking ratios, nonresidential (except PAR)
(n)(4) Colleges, business schools, trade schools, and similar uses, one parking space per two (2)
employees plus one parking space per two (2) students.
■
•
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 23
Section 26-583(a) is hereby amended to read as follows:
Sec. 26-583(a). Off-street Parking --PAR zone only.
(a) Required off-street parking shall be provided on the site of the use served, or on a contiguous site.
Where parking is provided on a contiguous site, a document recorded with the county recorder shall be filed
with the building and planning divisions and signed by the owners of the contiguous site agreeing to the
permanent reservation of the site for said parking.
The initial verbiage of Section 26-597 is hereby amended as follows:
Sec. 26-597. Service, trade, cultural, public, and private uses (except industrial or manufacturing).
No building or improvement or portion thereof shall be erected, constructed, converted, established, altered
or enlarged, nor shall any lot or premises be used except for one or more of the following purposes. All such
uses shall be within an enclosed building unless specifically stated otherwise. Uses specifically noted as
"(Outdoor Display)" are allowed providing all functions other than display are at all times conducted within
an enclosed building.
* Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is allowed by right.
c Indicates stated use is allowed by conditional use permit.
a Indicates stated use is allowed by administrative use permit.
s Indicates stated use is a specialized nonresidential use requiring 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.
p Indicates stated use is allowed subject to administrative review and approval by the planning
director.
b Indicates stated use is allowed by adult oriented business permit.
The following items are hereby deleted from the list of approved uses contained within the "use
matrix" within section 26-597:
Agricultural, industrial, and construction
equipment sales and rental (outdoor display)
Athletic Club (Outdoor)
Barber and beauty colleges
Battery rebuilding
Building material storage yard
Business School
Disposal company
Doctors and other practitioners...
Frozen food locker
Gas (petrol) distributor
Gymnasium
Major hotel and major motel alcoholic beverage
service
Landscaping service
Lodge halls and similar...
Lumberyards
Poultry sales
Race Tracks
Schools and Colleges, Private
Tire re -capping (not to exceed four molds)
Trade schools
Transfer, moving, and storage facilities
Utilities, publicly owned and operated
Vending machine service and repair
The use matrix contained within Section 26-597 is hereby amended as follows, including the striking
of the entire "C-C" column:
R
A
R
1
M
F
8
M
F
1
5
M
F
2
0
M
F
4
5
O
P
N
C
R
C
S
C
C
2
C
3
M
1
I
P
p
A
R
.P
B
O
S
Athletic Club/Gymnasium (section 26-
c
c
c
c
c
c
c
c
c
685.20)
*Automobile, motorcycle, auto or truck
trailers, truck sales, new and used,
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)
s
s
I
s
•
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 24
Auto supply stores (w/installation)
x
x
x
x
Book binding
x
x
x
x
x
x
Bowling alley
c
c
c
Bus, rail, and taxi station
x
x
x
Cabinet shops
x
x
x
Dance halls (public or private)
c
c
c
Diaper supply services
x
x
x
x
Dry cleaning or laundry, retail only,
x
x
x
x
x
x
(non-flammable and non -explosive
cleaning fluid to be used exclusively)
Glassworks and glass studios, includes
x
x
x
edging, etc.
Golf courses, outdoor miniature
x
x
c
Mortuaries
c
x
x
c
x
Theaters, open air
c
c
c
c
c
c
c
x
c
*Pawnshops
x
x
x
x
x
*Plant nurseries and related packaged
s
s
s
s
s
s
s
sales or storage (outdoor display)
Professional, Business, and Trade
s
s
s
s
s
s
s
s
s
Schools
Religious Facility (min. 1 '/z acre site)
c
c
c
c
c
c
c
c
c
c
c
c
Rental service as listed in this section as
x
x
x
retail providing all storage of rental
equipment shall be within an enclosed
building unless specifically stated
otherwise.
Schools and Colleges (private or
C.
c
c
c
c
c
c
c
c
c
c
c
c
c
c
public)
Sign shop
x
x
x
x
x
x
Skating rinks
x
x
Theaters (not open air)
c
c
c
Trailers, (temporary only) in
p
p
p
p
p
p
conjunction with a school, hospital,
church or other similar institutional use
(not permitted with commercial uses)
Wholesale or service business as listed
x
x
x
x
x
x
x
x
x
in this section (warehousing or storage
only of commodities sold at retail on
the premises )
Section 26-598(a), (a)(2), and (d-cross reference) are hereby amended to read as follows:
Sec. 26-598(a), (a)(2), and (d-cross-reference) 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:
(a)(2) Theme shopping uses as defined in Section 26-63 and permitted in the S-C zone only; or
(d) Cross reference(s)--Indoor multi -tenant retail center or swap meet, § 26-63
Section 26-598.5 is hereby amended to read as follows:
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:
•
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 25
O
P
N
C
R
C
S
C
C
2
C
3
M
1
I
P
PAR
P
B
O
S
Coffee/snack shop
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
The following uses are hereby deleted from the list of approved uses in the M-1 zone contained in section
26-599:
Sec. 26-599. Industrial and manufacturing type uses-(M-1 zone only).
Bakeries
Electric or neon sign manufacturing
The following uses are hereby added to the list of approved uses in the M-1 zone contained in section 26-
599:
Sec. 26-599. Industrial and manufacturing type uses (M-1 zone only).
Agricultural, industrial, and construction equipment sales and rental
Bakeries, industrial or wholesale
Battery rebuilding
Building material storage yard
Disposal company
Frozen food locker
Gas (petrol) distributor
Landscaping service
Lumberyards
Sign shop, industrial
Transfer, moving, and storage facilities
Vending machine service and repair
Section 26-601(c) is hereby amended to read as follows:
Sec. 26-601(c). Planned Administrative Research type uses (PAR zone only)
(c) Blueprinting, photostatting, photo engraving, printing, publishing and bookbinding,
provided that no on -site commercial service is associated with said uses.
Section 26-602 is hereby amended to read as follows:
Sec. 26-602. Temporary uses -- Temporary use permit required.
No temporary use provided for in this section shall be permitted, commenced or engaged in until a written
permit therefor has been obtained from the planning director. A temporary use permit committee consisting
of the license collector, city engineer, risk manager, chief of police, and fire chief or their respective
designees shall review applications for a temporary use permit and shall make recommendations to the
planning director including any conditions of approval. The planning director shall make a decision within
fifteen (15) days after acceptance of a written application as complete. Any applicant may appeal the action
or decision of the planning director to the city council within ten (10) days after such action or decision in
which case the city council shall grant or deny such permit. To approve the application, the planning
director or council 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.
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 26
Section 26-604(a) is hereby amended to read as follows:
Sec. 26-604(a). Same --Christmas tree and pumpkin sales.
(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, and Christmas tree lots may operate
during the month of December only.
Section 26-609(b)(6) is hereby amended to read as follows:
Sec. 26-609(b)(6). Same --Major promotional event; commercial center and a business on its own site
(not in P-B, O-S, and I-P zones).
(b)(6) Temporary promotional signage maybe permitted asset forth in article VII (signs).
Section 26-609.5(a)(4) is hereby amended to read as follows:
Sec. 26-609.5.(a)(4) Same --Major promotional event; uses with designated outdoor display areas on
approved precise plans.
(a)(4) Temporary promotional signage maybe permitted asset forth in article VII (signs).
Section 26-614(a) is hereby amended to read as follows:
Sec. 26-614(a). Special event --Special event permit required.
(a) No special event, as established under this section, and/or promotional signs as required under Article
VII (signs) shall be permitted, commenced or installed until the business owner, property owner, or property
manager obtains a special event permit from the planning division. An application for a special event permit
shall be filed with the planning division on the forms prescribed by the planning division. The application
shall be accompanied by a fee established by the city council. The planning 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. Upon receipt of a complete application, it is
the intent of the city to approve or deny said application within one (1) working day. 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 planning director or
designee shall become final and effective unless appealed in writing within five (5) calendar days.
Section 26-615(b)(3) is hereby amended to read as follows:
Sec. 26-615(b)(3). Special event --Minor promotional event; commercial business (not in the P-B, O-S
and I-P zones).
(b)(3) Temporary promotional signage may be permitted as set forth in article VII (signs).
The first sentence of Section 26-643 is hereby amended to read as follows, with no changes to
subparagraphs (a) through (c):
Sec. 26-643. Preliminary requirements.
The owner or developer of land within a subdivision who desires to construct a model home marketing
complex therein shall file the following with the planning director:
Section 26-673(c)(2) is hereby amended to read as follows:
Sec. 26-673(c)(2). Permitted uses.
(c) (2) Large family day care homes licensed by the State of California, providing care for nine (9) to
fourteen (14) children, and complying with section 26-287 of this chapter.
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 27
Section 26-679(d) is hereby amended to read as follows:
Sec. 26-679(d). Application procedures.
(d) Within ninety (90) days of receipt of a preliminary proposal, the city shall provide an applicant with a
letter that identifies the procedures that the city will utilize to apply the provisions of this division to the
proposed housing development. To the extent feasible and practicable, such letter shall also identify any
issues of concern regarding the proposed project and its design, and the extent of density bonus and
other incentive(s) that the planning division can support. If other incentive(s) requested by the applicant
cannot be supported by the planning division, such letter may include alternative or modified
incentive(s) that may be supported in lieu of the requested incentive(s), and how such alternative or
modified incentive(s) can be expected to have an equivalent affordability effect as the requested
incentive(s). If direct financial assistance 'is requested, such letter shall also, to the extent feasible and
practicable, identify the amount of direct financial assistance that the responsible city department or
division can support. The information contained in such letter shall be advisory only, and shall in no
way constitute a binding commitment on behalf of the city.
Section 26-684.1 is hereby amended to read as follows:
Sec. 26-684.1. Regulation application.
The requirements of this division shall apply to dance halls and dance facilities. Any business which
permits a dance or dancing on the premises, whether for profit or not for profit, whether as a primary use or
in conjunction with a commercial use, shall be considered a dance facility except dance schools as defined
in section 26-63 of this chapter.
Section 26-685.2(b)(1) is hereby amended to read as follows:
Sec. 26-685.2. (b)(1)Definitions.
(b) (1.) An accessory game arcade containing one (1) to three (3) coin -operated games of skill or science is
permitted to operate without a conditional use permit as herein provided.
Section 26-685.6(a)(1) is hereby amended to read as follows:
Sec. 26-685.6.(a)(1). Game arcade regulations.
(a)(1) No arcade shall be located within one thousand (1,000) feet of a public or private school conducting
classes between first and twelfth grades. This distance shall be measured over a pedestrian path of
travel from the nearest customer entrance of the arcade to the nearest accessible portion of any
school property.
Section 26-685.8(a)(4) is hereby amended to read as follows:
Sec. 26-685.8. (a)(4)Billiard parlor regulations.
(a)(4) Proximity to school. No billiard parlor shall be located within one thousand (1,000) feet of a public
or private school conducting classes between the first and twelfth grades. This distance shall be
measured over a pedestrian path of travel from the nearest customer entrance of the parlor to the
nearest accessible portion of any school property.
Section 26-685.24 is hereby deleted in its entirety
The chart included with Section 26-685.92 is hereby amended to read as follows
Sec. 26-685.92. Permitted zones and required permit.
City land use/ Type of Facility
Zones Permitted
Permit Required
Recycling Centers not in
All industrial/manufacturing and
administrative
conjunction with materials
commercial zones, industrial/
modification
recovery facility or solid waste
manufacturing and commercial specific
transfer and processing station
plan zones, all PCD-1 commercial areas
•
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 28
Reverse vending
As above, and multiple -family residential
administrative
machine(s)/bulk reverse
zones in conjunction with multiple family
modification
vending machine
developments with approved precise plans
Reverse vending machine(s)
Same as above and in multiple family
No permit required in
located within or under the
residential zones in conjunction with
commercial and industrial
roof line of a commercial
multiple family developments with
zones; administrative
structure
approved precise plans
modification in multiple
family residential zones
Materials recovery facility
All industrial/manufacturing zones
conditional use permit
including industrial/manufacturing specific
plan zones
Solid waste transfer and
All industrial/manufacturing zones
conditional use permit
processing stations
including industrial/manufacturing specific
plan zones
Section 26-685.102(b) is hereby amended to read as follows, and Section 26-685.102(c) is hereby deleted in
its entirety:
Sec. 26-685.102(b) and (c). Definitions.
(b) Major Hotel or Major Motel means or is a hotel or motel as defined in section 26-63 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:
Section 26-685.106(a) is hereby amended to read as follows:
Sec. 26-685.106(a). Conditions of approval of a conditional use permit for alcoholic service.
(a) Review by the planning division of the operation permitted by the conditional use permit is required
every six (6) months for a period of one (1) year, beginning on the date of the start of operation of the use,
and may be reviewed once every two (2) years thereafter.
Section 26-685.2200 is hereby amended to read as follows:
Sec. 26-685.2200. Procedure.
Subject to the provisions of this section, the planning commission may grant, modify, or deny a large home.
A conditional use permit shall be obtained prior to the construction of a large home, as specified in article
VI, division 3 of this chapter [§ 26-246 et seq.].
Section 26-687 is hereby amended to read as follows:
Sec. 26-687. Location.
The civic center area consists of the property in the civic center area including: All land lying between the
center line of San Bernardino Freeway; a line of three hundred fifty (350) feet easterly of the center line of
Sunset Avenue; a line three hundred thirty-five (335) feet southerly of the center line of Cameron Avenue
(eighty (80) feet wide); the most westerly property line of Orange Avenue, exclusive of any portion thereof
lying southerly of the northwesterly line of the Walnut Creek Wash.
Section 26-699(b)(5) is hereby amended to read as follows:
Sec. 26-699(b)(5). Procedure.
(b) (5) Any other information the planning division deems is necessary for review
Ordinance No. 2030
Code Amendment No. 283 - Code' Revisions
April 20, 1999 - Page 29
Section 26-704(f) is hereby amended to read as follows:
Sec. 26-704(f). Design standards for lots utilizing density transfer
(f) Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform
Building Code unless appealed to and waived by a committee consisting of the planning director,
building official, and the fire chief, or their respective deputies or assistants when so authorized. An
appeal of the committee's decision to the planning commission and then city council may be taken
by filing a written notice of appeal with the city clerk, together with a thirty dollar ($30.00) appeal
fee.
Section 26-705(c) is hereby amended to read as follows:
Sec. 26-705(c). Design standards for lots not utilizing density transfer.
(c) Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform
Building Code unless appealed to and waived by a committee consisting of the planning director,
building official, and the fire chief, or their respective deputies or assistants when so authorized. An
appeal of the committee's decision to the planning commission and then city council may be taken
by filing a written notice of appeal with the city clerk, together with a thirty dollar ($30.00) appeal
fee.
Section 26-706 is hereby amended to read as follows:
Sec. 26-706. Criteria for selecting the open space areas in a density transfer design.
The developer in formulating, and the planning division/planning commission in reviewing, a site plan for a
density transfer design, shall abide by the following criteria in selecting the open space areas.
(a) Lands with steep slopes.
(b) Lands that have outstanding scenic or ecological value.
(c) Lands that would assist in the creation of an open space systern.
Section 26-709, subparagraphs (b)(2)(c) and (b)(3)(p) are hereby amended to read as follows:
Sec. 26-709(b)(2)(c) and (b)(3)(p). Approved landscape list.
(b)(2) c. Carpobrotus edulis: Hottentot Fig (may be allowed on banks having less than 3:1
slope)
(b)(3) p. Hypericum calycinum: Aaron's Beard / St. John's wort.
Section 26-713 is hereby amended to read as follows:
Sec. 26-713. Utilities.
All utilities shall be placed underground in.accordance with the Municipal Code and approved by the city
engineer.
Section 26-722, subparagraph (b)(4)(b) is hereby amended to read as follows:
Sec. 26-722(b)(4)(b). Application.
(b)(4)b. The general type, character, and heights of all buildings or structures; e.g., single family houses,
townhouses, or cluster houses.
Section 26-725 is hereby amended to read as follows:
Sec. 26-725. Public hearing and appeal procedure
Public hearing and appeal procedure shall be governed by sections 26-205 through 26-219 of this Code.
•
•
Ordinance No. 2030
Code Amendment No. 283 - Code Revisions
April 20, 1999 - Page 30
Section 26-738(a)(3) is hereby amended to read as follows:
Sec. 26-738(a)(3). Standards for outdoor farmers markets.
(a) (3) Maximum number of vendors to be accommodated.
Section 26-7400)(4) is hereby amended to read as follows:
Sec. 26-740 (j)(4). Outdoor Entertainment
0)(4) Outdoor entertainers involving minors under the age of 18 shall be governed by applicable labor
laws.
Section 26-749(a) is hereby amended to read as follows:
Sec. 26-749(a). Permitted uses.
(a) Permitted uses in the freeway corridor overlay zone are those uses permitted in residential and
office -professional zones, except as follows:
(1) Banks;
(2) Business and professional schools;
(3) Commercial vehicle storage.
SECTION NO. 5: 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 on this 20" day of April, 1999.
Mayor
ATTEST:
,City C k
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. 2030 was regularly introduced and placed upon its first reading at a regular meeting
of the City Council on the 6`' day of April, 1999. That, thereafter, said Ordinance was duly adopted
and passed at a regular meeting of the City Council held on the 20" day of April, 1999.
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSENT: None
City Cler
APPROVED AS TO FORM:
SIMON,
ffi
17M