Ordinance - 2031ORDINANCE NO. 2031
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATED TO INDOOR MULTI -TENANT RETAIL CENTERS (INDOOR
SWAP MEETS) AND THEME SHOPPING USES (CODE AMENDMENT
NO. 280).
WHEREAS, Code Amendment No. 280 is a City -initiated code amendment related to
indoor multi -tenant retail centers (indoor swap meets) and theme shopping uses within the City
of West Covina; and
WHEREAS, Chapter 26 of the West Covina Municipal Code (Zoning) should be amended
to clearly define and prohibit indoor multi -tenant retail centers and indoor swap meets; and
WHEREAS, Chapter 26 of the West Covina Municipal. Code (Zoning) should be
amended to expand the theme shopping use standards to allow greater flexibility in the range of
goods and services that may be offered in a theme shopping use while requiring that such uses be
approved as part of a Conditional Use Permit; and
WHEREAS, on November 4, 1997, the City Council adopted Urgency Ordinance No. 2007
pursuant to Government Code Section 65858, establishing a moratorium on new indoor multi -
tenant retail centers (indoor swap meets); and
WHEREAS, on December 16, 1998, the City Council adopted Urgency Ordinance No.
2009 extending the moratorium on indoor multi -tenant retail centers (indoor swap meets) for a
period of 10 months and 15 days; and
WHEREAS, on October 13, 1998, the Planning Commission considered recommending
City Council adoption of Code Amendment No. 280 to establish a definition for indoor multi -
tenant retail uses `(indoor swap meets) and to permanently prohibit them; and
WHEREAS, the Planning Commission directed staff to prepare a study session on indoor
swap meets to provide the Commission with additional information prior to making a
recommendation on Code Amendment No. 280; and
WHEREAS, on October 20, 1998, the City Council adopted Urgency Ordinance No. 2023
extending the moratorium on indoor multi -tenant retail centers (indoor swap meets) for a period of
six months; and
WHEREAS, on January 26, 1999, staff presented a study session on indoor multi -tenant
retail uses (indoor swap meets) providing code amendment options; and
WHEREAS, the Planning Commission directed staff to re -draft Code Amendment No. 280
to prohibit indoor multi -tenant retail centers with the addition of new standards for "theme
shopping uses;" and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 23`d
day of March, 1999, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission adopted Resolution No. 03-99-4541, as amended, recommending to
the City Council adoption of an Ordinance approving Code Amendment No. 280; 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 day of April, 1999; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
Ordinance No.2031
CA-280
Indoor Multi -Tenant Retail Centers &
Theme Shopping Centers
Page 2
1. Within recent years there has been a growing trend within the region toward the
establishment of indoor swap meets or other businesses that function in many similar
respects to outdoor swap meets due to appearance, function and types of merchandise sold,
while such businesses may or may not represent themselves to the public as indoor swap .
meets; and
2. Indoor swap meets or other similar businesses are typically characterized by a multiple
number of small individual and/or separated sales spaces in which a variety of goods are
displayed in a dense arrangement, a characteristic that typically serves to intensify the level
of patronage and amount of traffic generated by such uses compared to other more typical
retail uses; and
3. The lack of such standards to regulate indoor swap meets and other similar uses has the
potential to negatively impact the public health, safety, and/or welfare of the community by
reasons which include, but are not limited to: traffic congestion, parking deficiencies,
pedestrian traffic conflicts, parking lot maintenance problems, public safety hazards,
Uniform Building Code violations, low sales tax revenues and difficulty monitoring
business licenses' and collection of fees and sales tax due to the transient nature of vendors
and merchants and potential for criminal activity.
4. The prohibition of indoor multi -tenant retail centers (indoor swap meets) will serve to
protect the positive image of the community and its property values; and
5. The amendment to the existing theme shopping use standards will allow for greater
flexibility in the range of goods and services that may be offered in a theme shopping use
while requiring the exact type of goods, physical design and operations of a theme shopping
center be specified as part of a conditional use permit approval; and
NOW, THERFORE, the City Council of the City of West Covina, California, does
hereby ordain as follows:
SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment
No. 280 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof.
SECTION NO. 2: The proposed action is considered to be exempt from the provisions of
the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not have the
potential for causing a significant effect on the environment.
SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26
of the West Covina Municipal Code as follows:
CHAPTER 26. ZONING
ARTICLE II. DEFINITIONS
Sec. 26-63. Indoor Multi -tenant retail center and Indoor swap meets
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 other forms of
identification as displayed on signs and/or as indicated on sales receipts.
ARTICLE X. NONRESIDENTIAL ZONES
•
Ordinance No.2031
CA-280
Indoor Multi -Tenant Retail Centers &
Theme Shopping Centers
Page 3
Sec. 26-597. Service, trade, cultural, public, and private uses (except industrial or
manufacturing)
M
M
M
M
P
R
R
F
F
F
F
O
N
R
S
C
C
M
I
A
P
O
A
1
8
1
2
4
P
C
C
C
2
3
1
P
R
B
S
5
0
5
*Theme shopping
center
c
c
I c
I c
I c
Sec. 26-598. Multi -tenant -uses
(a) Uses located within the same building shall be separated from each other by complete
floor -to -ceiling walls (or by a combination of a solid, lockable access door on a floor -to -ceiling
wall in lieu of complete separation at the discretion of the planning director), with the following
exceptions:
(1) Accessory uses that are related and incidental to a primary use, or
(2) Theme shopping uses as defined in Section 26-63 are permitted subject to
approval of a conditional use permit in the NC, RC, S-C, C2 and C3 zones only,
and further subject to standards and requirements contained in Division 21.
Article XII of this chapter; or
(3) Uses in carts and kiosks located in the common interior corridors of regional
shopping centers, not abutting other tenant spaces; or
(4) Accessory office uses that are not related to a primary office use; or
(5) Accessory uses that are not related to a primary retail use, with a minimum total
floor area of fifteen thousand (15,000) square feet, provided that the area devoted
to the unrelated accessory use(s) does not exceed twenty-five (25) percent of the
gross floor area of the enclosed tenant space and the number of unrelated
accessory uses are limited as follows:
Gross Floor Area of Enclosed
Tenant Space (Including area
Devoted to accessory use(s))
15,000-19,999 square feet
20,000-24,999 square feet
25,000-29,999 square feet
30,000 square feet and over
Maximum Number
of Unrelated
Accessory Uses
1
2
3
4
(6) Multi -tenant uses operated in conjunction with a service station as provided
pursuant to article XII, division 4 of this chapter (section 26-671 et.seq.).
(b) Accessory uses, authorized by this section, shall be permitted only if the
subject use is allowed in the zone in which they are located. Accessory uses that are
allowed subject to a conditional use permit or other discretionary approval as independent
uses shall be subject to the same approval requirements as accessory uses.
(c) Accessory uses shall be provided with the same number of parking spaces
required for the same use as independent uses, pursuant to Section 26-581(c).
(d) Signage for accessory uses shall be allowed to the same extent as allowed by
this chapter, except that: .
Ordinance No.2031
CA-280
Indoor Multi -Tenant Retail Centers &
Theme Shopping Centers
Page 4
(1) The combined area of signage for the primary use and the accessory use(s)
shall not exceed the maximum sign area allowed by code for the enclosed
tenant space; and
(2) The sign area devoted to all accessory uses associated with a primary use
shall not exceed fifty (50) percent of the total sign area provided for an
enclosed tenant space; and
(3) The signs for accessory uses shall be placed only on the front wall of the
enclosed tenant space.
(e) Indoor multi -tenant retail centers (indoor swap meets), as defined in section
26-63 shall not be permitted in any zone.
Add a new Section 26-685.6000 to read as follows:
DIVISION 21. THEME SHOPPING USES
Sec. 26-685.6000. Purpose.
The purpose of this division is to establish special standards and criteria for theme
shopping uses in order to ensure that the individual businesses and tenant spaces that
comprise the overall use will be properly operated and designed to be consistent,
compatible and integrated with one another; and to ensure that the overall use will be
designed to be compatible with and not create adverse impacts to other businesses and
uses within the surrounding area.
Sec. 26-685.6100. Application Procedures.
(a) A conditional use permit shall be obtained prior to establishing a theme shopping use
(as specified in section 26-246).
(b) In addition to items otherwise required to be submitted in conjunction with an
application for a conditional use permit, the following materials shall also be
submitted:
(1) A comprehensive interior tenant improvement plan providing the following
information:
(i) A floor plan identifying. all of the proposed tenant spaces and common
areas.
(ii) Proposed floor area dedicated to each tenant space.
(iii) A comprehensive description and plan of interior design features to be
used for proposed tenant spaces, including the method and design of
partitioning tenant spaces (i.e. full floor -to -ceiling walls or other
method), type and location of merchandise display and location of
merchandise storage for each tenant, and location of cashier areas for
each tenant consistent with the requirements of section 26.685.6200 (f)
(iv) Interior elevations may be required at the discretion of the planning
director.
(2) An operational plan providing the following information:
Ordinance No.2031
CA-280
Indoor Multi -Tenant Retail Centers &
Theme Shopping Centers
Page 5
(i) A detailed list of the types of tenants and types of merchandise to be
sold.
(ii) Proposed hours of operation.
(iii) Proposed security to be provided.
(iv) Proposed loading areas and proposed hours for deliveries
See. 26-685.6200. Development Standards.
(a) Zoning. Theme shopping uses may be established and operated only in the zones
specified in section 26-597.
(b) The development standards of the zone in which the theme shopping use is to be
located shall apply, except as otherwise added to or modified pursuant to this section.
(c) Minimum Overall Area. Theme shopping uses shall have an overall gross floor area
of not less than 20,000 square feet.
(d) Minimum Tenant Space. Each tenant space within a theme shopping use shall have a
minimum gross floor area of not less than 200 square feet.
(e) Common Areas. Adequate common areas shall be provided, including a common
entryway, corridors and aisles, interior courtyards, and restroom facilities.
(f) Interior Design and Coordination. Theme shopping uses and individual tenant spaces
therein shall be designed in a coordinated and consistent manner throughout, making
use of similar materials and design elements.
(g) The proposed tenants and proposed types of merchandise and products to be sold
shall be consistent with the definition of a theme shopping center as specified in
section 26-63.
(h) Signage. Exterior signage shall be subject to the requirements of article V, with the
provision that exterior signage shall identify and pertain only to the theme shopping
center and shall not identify individual tenants located therein.
(i) Sales. All merchants shall sell at retail. No wholesaling permitted.
(j) Receipts. Each merchant shall have receipts or other evidence of his or her legal
ownership or authority to sell items displayed for sale.
(k) Prohibited Merchandise. Sales, exchange, barter or trade of the following items is
prohibited:
a. Used property, except for antiques commonly sold in an antique store.
b. Firearms, ammunition, explosives, fireworks or other weaponry.
c. Alcoholic beverages.
d. Auto parts, oil or similar fluids, hubcaps, wheels, batteries, or tires.
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED on this 20"' day of April, 1999.
I
is
Ordinance No.2031
CA-280
Indoor Multi -Tenant Retail Centers &
Theme Shopping Centers
Page 6
ATTEST.:
City Cler
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. 2031 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 on the 20t" day of April, 1999.
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSENT: None zl""
City Cler
APPROVED AS TO FORM:
City Attorney