Regular meeting, May 26, 2015 - No. 1 minutes.pdf - Page 002UNOFFICIAL MINUTES
AGENDA
DATE: June 231 2015
ITEM NO.: 1
MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF WEST COVINA
Tuesday, May 26, 2015
The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the West
Covina Council Chambers. Commissioner Menefee led the Pledge of Allegiance and the
Commission observed a moment of silence.
ROLL CALL
Present: Blackburn, Castellanos, Holtz, Menefee
Absent: Valles
City Staff Present: Anderson, M. Hernandez, Garcia, V. Hernandez and de Zara
APPROVAL OF MINUTES:
1. Regular meeting, April 28, 2015
Motion by Menefee, seconded by Castellanos, to approve the minutes of April 28,
2015 as presented. Motion carried 3-0 (Valles absent, Holtz abstained.)
2. Regular meeting, May 12, 2015
Commissioner Menefee requested the motions made during the Election of Officers
be separate instead of as one motion. Motion by Menefee, seconded by Castellanos,
to approve the minutes of May 12, 2015 as amended. Motion carried 4-0, (Valles
absent.)
OTHER MATTERS OR ORAL COMMUNICATIONS
None
CONSENT CALENDAR
3. FORTHCOMING PLANNING COMMISSION MEETINGS AND PUBLIC HEARING
SCHEDULE
Planning Director Jeff Anderson presented the staff report. Motion by Menefee,
seconded by Castellanos, to receive and file. Motion carried 4-0 (Valles absent.)
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Planning Commission Minutes
Page 2 May 26, 2015
PUBLIC HEARINGS
4. CONDITIONAL USE PERMIT NOS. 15-10 THROUGH 15-15
VARIANCE NOS. 15-09 THROUGH 15-15
ADMINISTRATIVE USE PERMIT NOS. 15-16 THROUGH 15-27
SUBCOMMITTEE FOR DESIGN REVIEW NOS. 15-22 THROUGH 15-33
CATEGORICAL EXEMPTIONS
APPLICANT: Angela Meyer, Taylor Morrison of California LLC
LOCATION: Vacant lots on Inspiration Point and Majestic Street
REQUEST: Approval to construct 12 new single-family homes on 12 existing lots in
the South Hills area. Each lot is a legal lot of record with an address. The applicant is
requesting approval of conditional use permits for the size of the houses; variances to
certain development standards including front and side yard setbacks; administrative
use permits for the size of the houses, two-story houses, retaining walls and balconies;
and Subcommittee for Design Review for the architecture of the houses.
Planning Intern Veronica Hernandez presented the staff report. During her
presentation she spoke to the Commission about the necessary entitlements, floor plans
and finishes available for the homes. In addition, she explained the reasons for the
variance requests. Staff recommended approval of the project.
Chairman Blackburn opened the public hearing.
PROPONENTS:
Angela Meyer, applicant representing Taylor Morrison Homes, LLC, spoke in favor of
the application. Ms. Meyers thanked staff for their help in completing their project,
and told the Commission that they were working with Valencia Water Company with
regard to water conservation measures. There was also a short discussion regarding
the price of the latest phase of homes in this development.
OPPONENTS:
No one spoke in opposition to the project.
Chairman Blackburn closed the public hearing.
There was a short discussion regarding the timing in which the homes were being
built It was the consensus of the Commission that the new homes are an asset to the
community.
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5745,
approving Conditional Use Permit No. 15-10. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5746,
approving Conditional Use Permit No. 15-11. Motion carried 4-0 (Valles absent.)
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Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5747,
approving Conditional Use Permit No. 15-12. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5748,
approving Conditional Use Permit No. 15-13. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5749,
approving Conditional Use Permit No. 15-14. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5750,
approving Conditional Use Permit No. 15-15. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5751,
approving Variance No. 15-09. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5752,
approving Variance No. 15-10. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5753,
approving Variance No. 15-11. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5754
approving Variance No. 15-12. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5755,
approving Variance No. 15-13. Motion carried 4-0 (Valles absent)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5756,
approving Variance No. 15-14. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5757,
approving Variance No. 15-15. Motion carried 4-0 (Valles absent)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5758,
approving Administrative Use Permit No. 15-16. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5759,
approving Administrative Use Permit No. 15-17. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5760,
approving Administrative Use Permit No, 15-18. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5761,
approving Administrative Use Permit No. 15-19. Motion carried 4-0 (Valles absent.)
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Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5762,
approving Administrative Use Permit No. 15-20. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5763,
approving Administrative Use Permit No. 15-21. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5764,
approving Administrative Use Permit No. 15-22. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5765,
approving Administrative Use Permit No. 15-23. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5766,
approving Administrative Use Permit No. 15-24. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5767,
approving Administrative Use Permit No. 15-25. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5768,
approving Administrative Use Permit No. 15-26. Motion carried 4-0 (Valles absent.)
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 15-5769,
approving Administrative Use Permit No. 15-27. Motion carried 4-0 (Valles absent.)
5. PRECISE PLAN NO. 14-01
CONDITIONAL USE PERMIT NO. 14-05
CATEGORICAL EXEMPTION
APPLICANT: Sayeed Arastu — Montessori Academy of West Covina
LOCATION: 1030 East Merced Avenue
REQUEST: Request for approval of a precise plan for the addition of a 2,880 square
foot permanent, pre-fabricated modular building, maintenance of an existing 2,650
square foot relocateable modular building, as well as approval of a conditional use
permit for the expansion of the day care center at an existing Montessori academy.
Planning Director Jeff Anderson informed the Commission that the applicant had
requested a continuance of this matter to a date uncertain to allow him to work with
staff on his proposal. He added that staff would send another public hearing notice
when the matter was rescheduled for public hearing. There was a short discussion by
the Commission regarding why the continuation was requested.
Motion by Castellanos, seconded by Menefee, to continue this matter to a date
uncertain. Motion carried 4-0 (Valles absent.)
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Planning Commission Minutes
Page 5 — May 26, 2015
NON HEARING ITEMS
6. FISCAL YEAR 2015-2016 CAPTIAL IMPROVEMENT PROGRAM
FINDING OF CONFORMANCE WITH THE GENERAL PLAN
Review of proposed Capital Improvement Program for the Fiscal 15/16 for conformity
to the General Plan.
Planning Director Jeff Anderson and Miguel Hernandez, representing the Public
Works Department, presented the staff report. During the presentation, Mr.
Hernandez spoke about the Capital Improvement Plan and explained that it is made up
of several projects to improve city facilities, streets and sidewalks.
Mr. Anderson told the Commission that staff had reviewed and analyzed the projects
and said they were consistent with the current goals of the General Plan.
Motion by Castellanos, seconded by Holtz, to adopt Resolution No. 25-5770, finding
the Fiscal Year 2015-2016 Capital Improvement Program in conformance with the
General Plan pursuant to Section 65401 of the Government Code. Motion carried 4-0
(Valles absent.)
CONTINUATION OF ORAL COMMUNICATIONS
None
COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS
Chairman Blackburn appointed Commissioner Holtz as the alternate for the Subcommittee
for Design Review.
PLANNING DIRECTOR'S REPORT:
a. Project Status Report — May 2015
Commissioner Menefee asked about projects that appear on the Project Status
Report for long periods of time and asked if staff follows up on those projects.
Planning Director Jeff Anderson said there are many reasons why some of them
aren't completed. There was a discussion by the Commission and staff regarding
what happens once a project receives approval from the Commission.
b. General Plan Update meetings
June 1, 2015 - Our Prosperous Community meeting, Community Room at 4:00 p.m.
June 8, 2015 — Our Creative Community and Our Active Community meeting,
Cameron Park Community Center at 7:00 p.m.
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CITY COUNCIL ACTION:
June 2,2015 — Zone Change No. 14-03, Tentative Tract Map No. 73043, Mitigated
Negative Declaration of Environmental Impact, 424 South Lark Ellen Avenue (Kim
Hesse, City Ventures) is scheduled for public hearing.
ADJOURNMENT
Chairman Blackburn adjourned the meeting at 7:38 p.m.
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AGENDA NO. 2
DATE: June 23, 2015
FORTHCOMING PLANNING COMMISSION HEARINGS
JULY 14, 2015
A. CONSENT CALENDAR
None
B. PUBLIC HEARINGS
(1)
ADMINISTRATIVE USE PERMIT NO. 15-11
SECOND STORY ADDITION
APPLICANTS: Frank Nguyen and Cam Tu Lam
LOCATION: 824 East Michelle Street
C. NON-HEARING ITEMS
ART IN PUBLIC PLACES NO. 15-02
SCHEMATIC DESIGN/THE PLAZA
APPLICANT: Maria Luisa de Herrera
LOCATION: 112 Plaza Drive
JULY 28,2015
A. CONSENT CALENDAR
None
B. PUBLIC HEARINGS
(1 )
CONDITIONAL USE PERMIT NO. 15-16
SCHOOL USE
APPLICANT: Emmanuel Jose — Opportunities for Learning
LOCATION: 711 North Azusa Avenue
C. NON-HEARING ITEMS
None
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CIO of West Covina
Memorandum
AGENDA
ITEM NO. 3
DATE: June 23, 2015
TO: Planning Commission
FROM: Planning Department
SUBJECT: First One-Year Extension, Administrative Use Permit No. 13-58,
New two-story single-family residence/elevated structure.
SUMMARY: The applicant is requesting the first one-year extension on the above-
referenced Administrative Use Permit.
DISCUSSION
The applicant, Chin A. Guok, is requesting an extension of time on Administrative Use
Permit No. 13-58 to allow a new-two story single-family residence (consisting of 5,917
square feet) and elevated structure located at 3040 E. Hillside Drive.
On May 27, 2014, the Planning Commission approved the AUP which is valid for a one-
year period from the approval date. Prior to expiration, the applicant may request up to a
maximum of three one-year extensions of time. The applicant is requesting the first of three
one-year extensions. The approval of the extension of time would extend the approval until
May 27,2016.
On May 14, 2015, the applicant submitted a letter requesting an extension of time on
Administrative Use Permit No. 13-58 for the proposed new two-story single-family
residence /elevated structure and improvements due to currently being in the process of
construction plan check.
Z:\Case Files\AUP\2013 113-58 3040 E. Hillside Drivelextension of time June 23 2015.doc
RECOMMENDATION
Staff recommends that the Planning Commission approve a one-year extension of time
for Administrative Use Permit No. 13-58.
)A4,u
Grace Acosta
Assistant Planner
REVIEWED AND APPROVED BY:
JeffAdder`gon, AICP
Planning Director
Attachment: Letter of request from applicant
Z:\Case Files\AUP12013113-58 3040 E. Hillside Drive\extension of time June 23 2015.doe
millennium homes inc.
732 North Lake Avenue, Suite 201, Pasadena, California 91104
Tel: 213.820.3838
Fax: 213.278.0299
andech@gmail.com
13-May-2015
ATTN:
Grace Acosta
Planning Department
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
RE: 3040 E. Hillside Dr., West Covina, CA; AUP-13-58
architecture
planning
real estate
deveiopment
Dear Grace,
We are requesting an extension on our planning permit, number AUP-13-58.
Currently we have cleared our building plan check and are ready to pull the building
permit. However, this requires that the existing building be first demolished; and
given the time frame, we will not be able to comply with the 27-May-2015 expiration
date.
We are also in process of down-sizing the original permitted building, from 6167 SF
to 5917 SF.
Thank you for your kind consideration.
Sincerely,
Chin A. Guok
Millennium Homes Inc.
213.820.3238
arxtech@grnail.com
AGENDA
ITEM NO. 4
DATE: June 23, 2015
PLANNING DEPARTMENT STAFF REPORT
PRECISE PLAN NO. 15-01
CATEGORICAL EXEMPTION
APPLICANT: Michael Farannik, Star Point Properties
LOCATION: 624 S. Glendora Avenue (Lafayette Parc Apartments)
I. DESCRIPTION OF APPLICATION
The applicant is requesting approval of a precise plan for the addition of a 3,057-square
foot recreation building, the approval to install security fencing around the perimeter of
the apartment complex, and to make other minor improvements.
Staff is recommending approval of the precise plan.
II. BACKGROUND
The subject property is approximately 13.37± acres in area and is located on the
eastside of Glendora Avenue between Service Avenue and Mobeck Street.
ZACase Fi1eskFP12015115-01 624 South Glendora Avenue (Lafayette Park Apts Rec Facility and Security Fencing \PC1Staff Report.doc
ZONING AND
PEA N
sunotiN I) I NO ,
LAN D. USES ANT)
7ANINC
Precise Plan No. 15-01
624 S. Glendora Avenue (Lafayette Parc Apartments)
June 23, 2015 - Page 2
III. HISTORY
DESCRIPTION
"Multiple-Family Residential" (MF-20) and "Medium High
Residential" (15.1-20 dwelling units per acre)
North: "Office Professional" (0-P) and "Service
Commercial" (S-C)
South: "Single Family Residential" (R-1); Area District II
East: "Single-Family Residential" (R-1); Area District II
West: "Single-Family Residential" (R-1); Area District I (St.
Christopher's Church) and "Service Commercial" (S-C)
The site is developed with 259 apartment units.
Legal notice was published in the San Gabriel Valley
Tribune, posted at City Hall, the library, and Police
Department, and was mailed to 310 owners and occupants
of properties located within 300 feet of the subject site.
The Planning Commission approved Precise Plan No. 435 on October 21, 1964
allowing the construction of an apartment complex.
IV. PROJECT DESCRIPTION AND ANALYSIS
This project consists of a proposal to remodel an existing apartment building, construct a
new 3,057-square foot recreation building, install security fencing around the perimeter
of the property, and make minor improvements to the existing pool area. The apartment
complex occupies a block encompassed by Glendora Avenue, Service Avenue, Valinda
Avenue, and Mobeck Street. The main entrance for the complex is on Glendora Avenue.
The complex is large with multiple two-story buildings, pools, and recreation areas.
Proposed Recreation building
The proposal is to construct a new 3,057-square foot recreation building. The proposed
building is located on the west side of the property near Glendora Avenue. To construct
the recreation building an existing building would be modified. A 683-square foot
segment of the existing building would be modified to be incorporated into the recreation
building. The existing building would be remodeled to convert an office area into part of
an apartment unit. The existing building would be connected to the proposed recreation
building. The proposed recreation building will include a fitness area, "gaming zone,"
theater, storage/copy room, leasing office, and two managers' offices.
The recreation building is designed to be consistent with the existing buildings in
architecture, materials, and colors, The proposed building incorporates features to be
consistent with existing structures such as a composite shingle roof with wood fascia trim
painted white to match the existing roof, built up wood columns, cement board siding,
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Report.doc
Precise Plan No. 15-01
624 S. Glendora Avenue (Lafayette Parc Apartments)
June 23, 2015 - Page 3
and exterior stucco and stucco trim. The proposed building will be 24 feet in height and
will match the existing buildings in roof form.
Security Gate Fencing
The applicant is also proposing to install security fencing in three different types along
the perimeter of the apartment complex on Glendora Avenue, Mobeck Street, Service
Avenue, and Valinda Avenue. The following chart lists the three types of fencing
proposed.
Existing 3-foot high masonry wall with
pilasters and white painted finish
New 3-foot high black wrought iron
fencing installed on top of the wall
New 6-foot high black wrought iron
fencing
Existing 6-foot high masonry wall with
pilasters and white painted finish
New black wrought iron top rail installed
on top of the wall
The fencing along Glendora Avenue and Service Avenue will consist of Fence Type A
with ADA-compliant black wrought iron self-closing security gates, for which each
resident will have a key.
The fencing at the corner of Service Avenue and Glendora Avenue will consist of Fence
Type C. The fencing along Valinda Avenue will consist of a combination of Fence Type
A and Fence Type B with security gates. The fencing along Mobeck Street will consist of
Fence Type B with security gates. Fencing and gates along Mobeck Street will not be
placed in front of units and residents in those units will still have open access to Mobeck
Street.
The applicant conducted a survey of Lafayette Parc residents regarding the proposed
fencing. Some residents had previously expressed concerns about security and the use of
on-site recreational facilities by non-residents. Of the 52 responses received, 42
respondents favored the proposed fencing, while 10 were opposed. The applicant
therefore determined to propose security fencing around the complex. At this time, staff
has not received any inquires in favor or in opposition to the proposed project from
residents.
The proposed security fencing will be installed on top of walls where walls currently
exist. The security fencing would be installed to provide landscaping between the fence
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Precise Plan No. 15-01
624 S. Glendora Avenue (Lafayette Pare Apartments)
June 23,2015 - Page 4
and the street to allow for a more pleasant environment. The installation of security
fencing would restrict access to anyone who is not a resident of the complex.
Other Improvements
The applicant is also proposing minor improvements to the pool area near the proposed
recreation building. These improvements include the installation of two new barbecue
areas with trellises and the addition of a shallow soaking pool to the existing pool.
V. ENVIRONMENTAL DETERMINATION
Pursuant to Section 15303 of the California Environmental Quality Act (CEQA), the
proposed project is considered to be Categorically Exempt (Class 3(d), New
Construction), in that it consists of a new 3,057-square foot recreation building.
VI. REQUIRED FINDINGS
Findings for a precise plan
Findings necessary for the approval of a precise plan are as follows:
a. The proposed development plans and the uses proposed are consistent with the
General Plan and any applicable specific plan.
The subject property is designated "Residential Medium High" according to
the General Plan. This designation is intended to allow for multi-family
housing at a density of 15.1 -20.0 dwelling units per acre, with an emphasis on
usable open space, good building design, and access to public and private
facilities. The proposed project is consistent with the Residential Medium High
designation in that it consists of improvements to an existing apartment
complex that will provide recreational opportunities for residents and improve
security for the complex.
b. The proposed development is consistent with adopted development standards for
the zone and complies with all other applicable provision of the Municipal Code.
The subject property is zoned "MF-20" (Multi-Family Residential — 20
dwelling units per acre). The proposed improvements are consistent with all
development standards for the MF-20 zone.
c. Granting the permit would not be detrimental to the public interest, health,
safety, and welfare and would not unreasonably interfere with the use or
enjoyment of property in the vicinity of the subject property.
The proposed project would not increase impacts to the neighborhood in terms
of traffic, public health, or safety. The proposed recreation building and pool
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Precise Plan No. 15-01
624 S. Glendora Avenue (Lafayette Pare Apartments)
June 23, 2015 Page 5
area improvements will offer opportunities for recreation to the residents of the
community, and the proposed fencing will increase security for the site.
d. The site is physically suitable for the type, density and intensity of the
development being proposed, including vehicle access and circulation, utilities,
and the absence of physical constraints.
The site is located along Glendora Avenue, a principle arterial in the City of
West Covina, which is capable of handling the traffic generated by the existing
apartment complex. No improvements are proposed which will increase
density, the intensity of the development, or vehicular circulation. The
recreation building will be used by residents of the apartments. The site
includes access along Glendora Avenue, Service Avenue, and Mobeck Street
and the proposed project will not create vehicle access impacts.
e. The architecture, site layout, location, shape, bulk and physical characteristics of
the proposed development are compatible with the existing and future land uses,
and do not intafere with orderly development in the vicinity.
The proposed improvements will be consistent with the existing apartment
complex in terms of architecture, colors, and materials. The recreation building
has been designed with composite shingle roofing with white painted wood
fascia trim to match the existing roof in form and color, built up wood
columns, stucco trim, exterior stucco, cement board siding, and wood trim,
which are all consistent with the existing apartment buildings.
VII. CONCLUSION
The proposed addition to the apartment complex would allow for the construction of a
new 3,057-square foot recreation building, the installation of security fencing around
the perimeter of the property, and minor site improvements. The new recreation
building would incorporate areas of an existing apartment building to be remodeled.
The security fencing would be located on Glendora Avenue, Service Avenue, Valinda
Avenue, and Mobeck Street. The proposed minor improvements include the
installation of two barbecue pits and the addition of a shallow sitting pool to the
existing pool. The proposed additions to the apartment complex are consistent with the
surrounding uses, General Plan, and zoning designation.
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Report.doc
Precise Plan No. 15-01
624 S. Glendora Avenue (Lafayette Parc Apartments)
June 23,2015 - Page 6
VIII. STAFF RECOMMENDATION
Staff recommends that the Planning Commission approve Precise Plan No. 15-01.
PREPARED BY:
Veronica Hernandez
Planning Intern
REVIEWED AND APPROVED:
JefrAfiderson, AICP
Planning Director
Attachments
Attachment 1 — Precise Plan 15-01 Resolution
Attachment 2 — Plans (Available for review by the public at the West Covina Library, West
Covina Police Department, and West Covina Planning Department)
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Report.doc
ATTACHMENT 1
PLANNING COMMISSION
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 15-01
PRECISE PLAN NO. 15-01
APPLICANT: Michael Farannik, Star Point Properties
LOCATION: 624 S. Glendora Avenue (Lafayette Parc Apartments)
WHEREAS, there was filed with this Commission, a verified application on the forms
prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a
precise plan to:
Construct a 3,057-square foot recreational building and install security
fencing to the perimeter of the site on that certain property described as:
Assessor's Parcel Nos. 8487-008-075 through 8487-008-139, in the records of the
Los Angeles County Assessor; and
WHEREAS, the Planning Commission upon giving the required notice did on the 23"
day of June, 2015, conduct duly advertised public hearings as prescribed by law to consider said
application; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
1. The applicant is requesting approval of a precise plan for the addition of a 3,057-square foot
recreational building, the approval to install security gate fencing around the perimeter of
the property, and to make minor improvements around the recreation building.
2. The project is within the "Multiple-Family Residential" (MF-20) Zone.
3. Appropriate findings for approval of a precise plan of design are as follows:
a. The proposed development plans and the uses proposed are consistent with the
General Plan and any applicable specific plan.
b. The proposed development is consistent with adopted development standards for
the zone and complies with all other applicable provision of the Municipal Code.
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Planning Commission Resolution No.
Precise Plan No. 15-01
June 23, 2015 - Page 2
c. Granting the permit would not be detrimental to the public interest, health, safety,
and welfare and would not unreasonably interfere with the use or enjoyment of
property in the vicinity of the subject property.
d. The site is physically suitable for the type, density and intensity of the
development being proposed, including vehicle access and circulation, utilities,
and the absence of physical constraints.
e. The architecture, site layout, location, shape, bulk and physical characteristics of
the proposed development are compatible with the existing and future land uses,
and do not interfere with orderly development in the vicinity.
4. Pursuant to Section 15303 of the California Environmental Quality Act (CEQA), the
proposed project is considered to be Categorically Exempt (Class 3(d), New
Construction), in that it consists of a new 3,057-square foot recreational building.
NOW, THEREFORE, the Planning Commission of the City of West Covina does resolve as
follows:
1. On the basis of the evidence presented, both oral and documentary, the Planning
Commission makes the following findings:
a. The proposed development plans and the uses proposed are consistent with the
General Plan and any applicable specific plan.
The subject property is designated "Residential Medium High" according to the
General Plan. This designation is intended to allow for multi-family housing at a
density of 15.1-20.0 dwelling units per acre, with an emphasis on usable open
space, good building design, and access to public and private facilities. The
proposed project is consistent with the Residential Medium High designation in
that it consists of improvements to an existing apartment complex that will
provide recreational opportunities for residents and improve security for the
complex.
b. The proposed development is consistent with adopted development standards for the
zone and complies with all other applicable provision of the Municipal Code.
The subject property is zoned "MF-20" (Multi-Family Residential — 20 d.ulacre).
The proposed improvements are consistent with all development standards for the
MF-20 zone.
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c. Granting the permit would not be detrimental to the public interest, health, safety,
and welfare and would not unreasonably interfere with the use or enjoyment of
properly in the vicinity of the subject property.
The proposed project would not increase impacts to the neighborhood in terms of
traffic, public health, or safety. The proposed recreation building and pool area
improvements will offer opportunities for recreation to the residents of the
community, and the proposed fencing will increase security for the site.
The site is physically suitable for the type, density and intensity of the development
being proposed, including vehicle access and circulation, utilities, and the absence
of physical constraints.
The site is located along Glendora Avenue, a principle arterial in the City of West
Covina, which is capable of handling the traffic generated by the existing
apartment complex. No improvements are proposed which will increase density,
the intensity of the development, or vehicular circulation. The recreation building
will be used by residents of the apartments. The site includes access along
Glendora Avenue, Service Avenue, and Mobeck Street and the proposed project
will not create vehicle access impacts.
e. The architecture, site layout, location, shape, bulk and physical characteristics of
the proposed development are compatible with the existing and future land uses, and
do not interfere with orderly development in the vicinity.
The proposed improvements will be consistent with the existing apartment
complex in terms of architecture, colors, and materials. The recreation building
has been designed with composite shingle roofing with white painted wood fascia
trim to match the existing roof in form and color, built up wood columns, stucco
trim, exterior stucco, cement board siding, and wood trim, which are all consistent
with the existing apartment buildings.
2. That pursuant to all of the evidence presented, both oral and documentary, and further based
on the findings above, Precise Plan No. 15-01 is approved subject to the provisions of the
West Covina Municipal Code, provided that the physical development of the herein
described property shall conform to said plan and the conditions set forth herein which,
except as otherwise expressly indicated, shall be fully performed and completed or shall be
secured by bank or cash deposit satisfactory to the Planning Director, before the use or
occupancy of the property is commenced and before the Certificate of Occupancy is issued,
and the violation of any of which shall be grounds for revocation of said precise plan by the
Planning Commission or City Council.
3. That the precise plan shall not be effective for any purpose until the owner of the property
involved (or a duly authorized representative) has filed at the office of the Planning Director,
his affidavit stating he is aware of, and accepts, all conditions of this precise plan as set forth
below. Additionally, no permits shall be issued until the owner of the property involved (or
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a duly authorized representative) pays all costs associated with the processing of this
application pursuant to City Council Resolution No. 8690.
4. The costs and expenses of any enforcement activities, including, but not limited to
attorneys' fees, caused by the applicant's violation of any condition imposed by this
approval or any provision of the West Covina Municipal Code shall be paid by the
applicant.
5. That the approval of the precise plan is subject to the following conditions:
a. Comply with plans reviewed by the Planning Commission on June 23, 2015.
b. Comply with all applicable sections of the West Covina Municipal Code.
c. Comply with all requirements of the "Multiple-Family Residential" (MF-20) Zone.
d. All ground mounted, wall-mounted and/or roof-mounted mechanical equipment
not shown on the approved Study Plan shall be screened from all view, in a
manner that is architecturally compatible with the main building. Plans and
elevations indicating the type of equipment and method of concealment shall be
submitted to the Planning Director for review and approval in the event new
mechanical equipment is proposed at the exterior of the building.
e. Prior to the issuance of building permits, a detailed landscape and irrigation plan in
compliance with AB 1881 shall be submitted to and approved by the Planning
Department for all planted areas to be affected by project. Said plan shall include
type, size, and quantity of landscaping materials to include a combination of trees,
shrubs, and groundcover, as well as a fully automatic comprehensive watering
system. Landscaped areas are to be kept free of litter and diseased or dead plants.
Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed
necessary by the Planning Department. All vegetation areas shall be automatically
irrigated and a detailed watering program and water budget shall be provided. All
damaged vegetation shall be replaced and the site shall be kept free of diseased or
dead plant materials and litter at all times. All installation of landscaping and
irrigation shall be completed prior to issuance of a certificate of occupancy.
f. Building and parking lot lighting is required to be architecturally integrated with the
building design. Standard security wall packs are not acceptable unless they are
provided with hooding that is architecturally compatible with the building.
g. This Precise Plan No. 15-01 approval shall become null and void if building
permit is not obtained within one (1) year of the date of this approval.
h. The applicant shall sign an affidavit accepting all conditions of this approval.
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i. All new gutters and downspouts shall not project from the vertical surface of the
building pursuant to Section 26-568 (a) (3).
J. The location of new electrical transformers, vaults, antennas, mechanical and all
other equipment not indicated on the approved plans must be approved by the
Planning Director prior to the issuance of building permit. Provide construction
details prior to issuance of a building permit.
k. All new pole mounted parking lot lighting shall be accurately indicated on the site
plan and shall be located within landscaped or hardscaped area. Pole locations
shall be accurately staked prior to installation by the Engineer.
1. If new parking lot lighting is proposed, a parking lot lighting plan showing
electrolier types and locations, average illumination levels, points of minimum
illumination and photometric data in conformance with Planning Commission
Resolution No. 2513 and as requested shall be submitted to and approved by the
City Engineer.
m. If new trash enclosures are proposed, all outdoor trash areas shall be screened on
all sides from public view by a minimum 5'6" high decorative block wall with a
gate constructed of durable materials and a solid architectural cover. Provide
construction details prior to issuance of a building permit.
n. Prior to the issuance of building permits, the applicant shall demonstrate, to the
satisfaction of the Planning Director, that all roof mounted mechanical equipment
is placed behind a permanent parapet wall and is completely restricted from all
ground level views, pursuant to Section 26-568 of the Municipal Code.
o. That any proposed change to the approved site plan, floor plan or elevations be
reviewed by the Planning, Building, Fire and Police Departments and that the
written authorization of the Planning Director shall be obtained prior to
implementation.
P. Comply with all requirements of the "Art in Public Places" ordinance (WCMC
Chapter 17), prior to the issuance of building permits. Artwork shall be installed
or required fee paid prior to issuance of Certificate of Occupancy.
q. All trees shall be shown on the grading plan. The plan shall clearly indicate what
trees are to be preserved and what trees are to be removed.
r. All approved materials and colors shall be clearly indicated on the plans.
s. Clinging vines shall be installed on all retaining or freestanding walls to assist in
deterring graffiti.
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t. Graffiti-resistant coatings shall be used on all walls, fences, sign structures, or
similar structures to assist in deterring graffiti.
u. Any graffiti that appears on the property during construction shall be cleaned or
removed on the same business day.
v. The construction shall be approved by the Planning Department before the facility
is utilized.
w. All new utilities shall be placed underground prior to issuance of Certificate of
Occupancy. All relocated on-site utility service lines shall be underground when
the cost or square footage of an addition or alteration exceeds 50% of the existing
value or area. WCMC 23-273.
x. All parking facilities shall comply with the "Parking Lot Design and Lighting
Standards."
y. The paved areas at the site shall be maintained clean and free of oil stains. All
paved areas shall be pressure washed as needed to maintain the site in clean and
orderly manner.
z. The applicant shall execute an indemnity agreement, in a form provided by the
City and approved by the City Attorney, indemnifying the City against any and all
actions brought against the City in connection with the approvals set forth herein.
aa. The Zoning Code gives provisions for up to three one-year extensions to keep
entitlements active. Therefore, prior to June 23, 2016, (if building permits have
not been obtained) you are urged to file a letter with the department requesting a
one-year extension of time. The required submittal is a letter stating the reasons
why an extension is needed, as well as an applicable processing fee. Please be
advised that the applicant will not be notified by the Planning Department about
the pending expiration of the subject entitlement.
bb. Building Division Requirements:
1. All Conditions of Approval as approved by the Planning Commission shall
appear as notes on the plans submitted for building plan check and permits.
2. Building design shall comply with the 2010 California Building Code (CBC)
3. Separate application(s), plan check(s), and permit(s) is/are required for:
a) Grading (see Engineering Division for requirements)
b) Demolition work
c) Fire sprinkler/Alarm systems (see Fire Department Prevention Bureau
for requirements)
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d) Plumbing
e) Mechanical
f) Electrical
4. Complete structural plans with calculations will be required. Submit design
for review at formal plans review.
5. Compliance to California T-24 Energy regulations will be required. Submit
design for review at formal plans review.
6. Compliance to California T-24 Green Building Code will be required. Submit
design for review at formal plans review.
7. Separate plumbing, mechanical and electrical plan check may be required.
Submit design for review at formal plans review.
8. A soils and geology report is required to address the potential for and the
mitigation measures of any seismic induced landslide/liquefaction. Soils
report shall address foundation design and site preparation requirements.
9. A complete code analysis is required. Address type of construction,
occupancy, exiting, allowable areas, allowable heights, etc. Provide a
summary on the drawing.
10. Compliance with the State of California Accessibility regulations is required,
including:
a) Building entrances shall be provided with an accessible path of
travel connecting the building entrances from the public sidewalk,
accessible parking, and other buildings or essential facilities
located on the site.
b) Upgrades of the existing accessible path of travel will be required.
c) All employee areas shall be accessible including behind counters
and attendants.
d) All restrooms serving the building shall be accessible.
c) Drinking fountains (high/low), if provided, are required to be
accessible.
f) All public telephones, if provided, shall be accessible. At least
one and 25% shall be equipped for hearing impaired, volume
control. At least one telephone shall comply with CRC
1117B.2.9.2 for text telephones where there are at least 4 phones
on the site.
11. West Covina Municipal Code requires fire sprinklers for the projects listed
below except for open garages as defined by the California Building Code.
WCMC § 7-18.13.
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a) In any existing building after the completion of any major alteration or
addition which will exceed five thousand (5,000) square feet of floor
area.
12. Total plumbing fixtures required shall be determined by California Plumbing
Code (CPC).
CC. Fire Department Requirements:
1. NFPA 13D/13R/13 Fire Sprinkler System.
2. NFPA 10 — Portable Fire Extinguishers.
3. Knox Key Box Required for New Exterior entry gates- Car and Pedestrian
if attached building is equipped with fire sprinklers.
I HEREBY CERTIFY foregoing Resolution was adopted by the Planning Commission of
the City of West Covina, at a regular meeting held on the 23r d day of June, 2015, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DATE: June 23, 2015
EXPIRATION DATE: June 23, 2016 if not used.
Paul Blackburn, Chairman
Planning Commission
Jeff Anderson, AICP, Secretary
Planning Commission
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AGENDA
ITEM NO. 5
DATE June 23, 2015
PLANNING DEPARTMENT STAFF REPORT
CODE AMENDMENT NO. 14-01
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
I. SUMMARY
The proposal is to amend the Municipal Code to modify the existing standards for adult
oriented businesses.
II. BACKGROUND
At the City Council meeting on February 4, 2014, the City Council adopted Ordinance No.
2256, establishing a moratorium prohibiting the issuance of approvals for the operation of
Adult Oriented Businesses and initiating a code amendment to consider revisions to the
Adult Oriented Businesses section of the Municipal Code. On March 4, 2014, the Council
extended the Moratorium for an additional 10 months and 15 days. Subsequently on
January 20, 2015 the City Council extended the moratorium for another year. The
moratorium period will end on February 3, 2016. No further extensions to the moratorium
are allowed. The goal of the City is to complete the code amendment process to ensure that
a revised Code would take affect prior to February 3, 2016. This moratorium affects all
parcels within the City of West Covina.
The goal of a moratorium is to allow the City time to conduct research of alternative code
standards and seek input on potential code standards by residents, the City Attorney's
Office, the Planning Commission, and City Council. The adoption of a moratorium can
last no longer than two years and allows for full review of the current regulations and
provides for new standards to be adopted.
Since the adoption of the moratorium staff has been working with the City Attorney's
Office to review the current Code requirements to determine if they are legally adequate
in protecting the First Amendment rights of adult businesses and in establishing standards
that are appropriate for the City. Staff began working with attorneys for Alvarez-
Glasman and Colvin and we are now working with Jones & Mayer, the current City
Attorney.
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Code Amendment No. 14-01
Adult Oriented Businesses
June 23, 2015- Page 2
The Planning Commission held a study sessions on February 10, 2015 and April 28, 2015
at which time the Commission discussed First Amendment rights, the existing code
standards, and ideas for revisions to the code standards.
III. PROJECT DESCRIPTION AND ANALYSIS
The Adult Oriented Business section of the Municipal Code was created in 1994. Minor
updates to the section were completed in 1996. Since that time the Adult Oriented
Business standards have not been reviewed or modified.
It should be noted that Adult Oriented Businesses are a constitutionally protected use
under the First Amendment. Therefore the City must allow adult businesses. However,
reasonable standards can be applied to adult businesses.
The current Adult Oriented Businesses Section includes the following sections.
• Purpose
• Definitions
• Adult Oriented Business Permit Required
• Adult Oriented Business Permit Application
• Approval of Permit
• Conditions of Issuance
• Inspections
• Permit Renewal
• Permits Non-Transferable
• Permit Issued for One Location Only
• Permit Revocation
• Permit Revocation Hearing
• Violation and Penalty
Based upon an analysis of the current Code standards, legal precedents, and review of
other cities Codes, staff is recommending modifications to the adult oriented business
standards. The proposed changes are summarized in the chart below. The sections are
listed in the order that they appear in the draft Code amendment (Attachment No.1,
Exhibit A).
Existing Code Sections Recommended Changes
Purpose — explanation of purpose of
Adult Oriented Business Code.
Update text describing the purpose.
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Code Amendment No. 14-01
Adult Oriented Businesses
June 23, 2015- Page 3
Existing Code Sections Recommended Changes
Definitions — provision of definitions of
terms used in the Code.
Add definition for Applicant, Business
Permit, Employee, Establishment of an
Adult Business, Operate or Cause to
Operate, Operator, Owner or Manager,
Performer Permit, Permittee, Person,
Planning Director, Premises, Principal
Business Purpose, Specified Criminal
Activity, and Substantial.
Adult Oriented Business Permit
Required — statement that a permit is
required.
Modify text to clarify and strengthen
requirement.
No Code Section Sexual Encounter Business Prohibited —
clarifies that such businesses are
prohibited.
Adult Oriented Business Permit
Application — requires that an applicant
obtain a permit from the Planning
Director. The permit is not intended to
be a discretionary permit. If the
applicant complies with the
requirements of the application and
conditions of issuance, the permit
should be approved.
Replace text to clarify and strengthen
submittal requirements.
No Code Section Adult Oriented Business Performer
Permit Application — establishes
standards for reviewing applications for
adult business performers. Would
require performers to submit an
application including legal name, stage
name, driver's license, mailing address,
statement that they do not have a
conviction within a specified timeframe,
information if the performer has ever
been licensed as a prostitute in another
state, and fingerprints.
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Code Amendment No. 14-01
Adult Oriented Businesses
June 23, 2015 - Page 4
Existing Code Sections
Approval of Permit — establishes a 30
day time period for review by the
Planning Director for completeness of
application. In addition, upon
determining an application is complete,
the Planning Director has 30 days to
approve or deny.
Conditions of Issuance — establishes
location standards. Adult Oriented
Businesses currently allowed in S-C, C-
2, C-3, R-C and M-1 zones. Adult
businesses must be 300 feet away from
sensitive uses including residential
zones, religious facilities, public parks,
or educational institutions. Must be 500
feet from other adult businesses.
Measurement from building where adult
business is located to nearest property
line of sensitive uses.
Conditions of issuance also include, but
are not limited to, standards such as
exclusion of minors, prohibition of
nudity, business hours, lighting
standards, prohibition of paying
gratuities, and a security plan.
Recommended Changes
Change to "Permit Processing, Grounds
for Denial". Retain the current standards
for review time. Add grounds for
denying a permit application such as
violations of City or State standards, the
applicant makes fraudulent statements,
the applicant has had an adult oriented
business revoked with 12 months or has
been convicted of criminal activity in the
previous two years.
Also the addition of grounds for denying
a performer permit application including
the applicant has made fraudulent
statements, the fee has not been paid, the
applicant had a permit denied or revoked
in the last year and that the applicant has
been convicted of criminal activity in the
previous two years.
Change to "Development and
Performance Standards". Retain the
current standards (including zones) with
the exception of requiring that adult
oriented businesses be 100 feet away
from the Civic Center (as uses such as
the Library and events in the courtyard
included families and children). The
separation of adult uses residential
zones, religious facilities, public parks,
or educational institutions remains at 300
and the separation between adult uses
remains at 500 feet. These
measurements may be modified based on
the Planning Commission discussion at
the public hearing.
In addition, the draft Code amendment
clarifies requirement prohibiting nudity,
and clarifies the responsibility of owner
or manager to comply with conditions of
issuance.
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Code Amendment No. 14-01
Adult Oriented Businesses
June 23, 2015 - Page 5
Existing Code Sections Recommended Changes
Inspections — allows for City
inspections to determine compliance
with conditions of issuance.
Modifies text to allow City staff to
inspect the business during hours it is
operating.
Permit Renewal — defines that an adult
oriented business is required to get an
annual business permit.
Modify text to add adult oriented
business performer permits and require
renewal request to be made at least 30
days prior to its expiration.
Permits Non-Transferable — does not
allow for an adult business permit to be
transferred.
Add adult oriented business performer
permit as a permit that cannot be
transferred.
Permit Issued for One Location Only -
adult oriented business only valid at
location indicated on permit.
Change to "Business Permit Issued for
One Location Only; Performer Permit
for One Individual Only." Add adult
oriented business performer permit as
use that is only valid at location
indicated on permit.
Permit Revocation — establishes process
allowing the City to revoke an adult
oriented business permit.
Revise revocation section to provide
reasons for revocation, requirement for
written notice to the permittee, noticing
and posting requirements, review by
Planning Director unless appeal
requested to Planning Commission.
Permit Revocation Hearing —
establishes standards for scheduling and
holding the hearing before the Planning
Commission to consider revocation,
Revise revocation hearing to provide that
the hearing begins the process anew,
allows the permittee to present
arguments, specifies the options
available to the Planning Commission,
and provides for notice of the decision of
the Commission.
Violation and Penalty — states the
violators are subject to a $1,000 fine
and incarceration.
No Changes
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Code Amendment No. 14-01
Adult Oriented Businesses
June 23, 2015 - Page 6
At the study session on April 28, 2015, there was discussion by the Commissioners on
the appropriate separation of adult oriented businesses and residential zones, religious
facilities, public parks, or educational institutions. The discussion centered on reducing
the number of sites where an adult oriented business could be allowed to approximately
20 sites. Staff reviewed the zones where adult uses are allowed, the buffer distance from
sensitive uses and the separation between adult uses. Staff has developed four alternative
approaches to modifying the number of locations where adult oriented business are
allowed. These include the following.
1. Establishing a 500-foot buffer to the sensitive uses and allowing adult oriented
businesses only in the S-C and R-C zones (eliminating C-2, C-3 and M-1 zones)
while requiring a 500-foot separation between adult businesses. The map
indicates that adult oriented businesses would be allowed at approximately 40
sites.
2. Establishing a 500-foot buffer to the sensitive uses and a 750-foot separation
between adult businesses. The map indicates that adult oriented businesses would
be allowed at approximately 28 sites.
3. Establishing a 500-foot buffer to the sensitive uses and a 1,000-foot separation
between adult businesses. The map indicates that adult oriented businesses would
be allowed at approximately 18 sites.
4. Establishing a 750-foot buffer to the sensitive uses and a 500-foot separation
between adult businesses. The map indicates that adult oriented businesses would
be allowed at approximately 21 sites.
Upon evaluation of the scenarios above, and considering the City Attorney Offices advice of
providing a minimum of 20 sites, staff recommends alternative #1 above which allows for
40 sites. The 40 sites represents a reduction in the sites currently allowed and would only
allow sites in the downtown area (central business district of Glendora Avenue to Cameron
Avenue adjacent to the freeway), the Eastland area, and The Heights area. Alternative #1
allows a reduction in the sites but allows for the approval of conditional use permits for
schools or religious facilities without requiring reconsideration of the number of sites
allowed for adult oriented businesses.
IV. ENVIRONMENTAL DETERMINATION
The proposed code amendment is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA
Guidelines in that it consists of a code amendment, which does not have the potential for
causing a significant effect on the environment.
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Code Amendment No. 14-01
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V. CONCLUSION
The proposed amendments have been drafted and the code text is attached to the resolution
for your review (Attachment I). If the Planning Commission chooses to recommend
approval of the proposed code amendment, the City Council will hold a public hearing to
consider adopting the proposed amendments.
VI. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending
approval of Code Amendment No. 14-01 to the City Council.
Je -rderson, AICP nn••
Attachments:
Attachment No. 1 - Code Amendment Resolution
Attachment No. 2 — Planning Commission Minutes, April 28, 2015
Attachment No. 3 — Planning Commission Staff Report, Study Session, April 28, 2015
Attachment No. 4 — Planning Commission Minutes, February 10, 2015
Attachment No. 5 — Planning Commission Staff Report, Study Session, February 10, 2015
Attachment No. 6 — Maps of Alternative Approaches (Available for review by the public at the
West Covina Library, West Covina Police Department, and West Covina Planning Department)
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ATTACHMENT 1
PLANNING COMMISSION
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF CODE AMENDMENT NO. 14-01 AMENDING
DIVISION 20 (ADULT ORIENTED BUSINESSES) OF ARTICLE XII
(SPECIAL REGULATIONS FOR UNIQUE USES) OF CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE, RELATING TO
ADULT ORIENTED BUSINESSES
CODE AMENDMENT NO. 14-01
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, on the 4th day of February, 2014, the City Council adopted Ordinance No.
2246 establishing a moratorium prohibiting the issuance of approvals for the operation of Adult
Oriented Businesses and initiating a code amendment to consider revisions to the Adult Oriented
Businesses section of the Municipal Code; and
WHEREAS, the Planning Commission held a study sessions on the 10th day of February,
2015 and on the 28th day of April, 2015; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 23rd day
of June, 2015, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission makes the findings as set forth in Exhibit A; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
1. The existing Municipal Code standards for Adult Oriented Business have not been
reviewed for eighteen years. Therefore it is appropriate to evaluate current development
standards and to work with the City Attorney's Office to determine if the current
ordinance is legally adequate in protecting First Amendment rights and in establishing
standards that are appropriate for the City.
Planning Commission Resolution No
Code Amendment No. 14-01
June 23, 2015- Page 2
2. The standards in the Adult Oriented Business section of the Municipal Code may include
regulations that are not in compliance with current legal requirements. The consideration
of a code amendment allows City staff, in conjunction with the City Attorney's Office, to
study the standards to ensure that they are legally adequate in protecting First
Amendment rights, in establishing standards that are appropriate for the City, and that
secondary effects are fully addressed.
3. 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.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of
West Covina as follows:
SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if
set forth herein in full.
SECTION NO. 2: Based on the evidence presented and the findings set forth, Code
Amendment No. 14-01 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof and that the public necessity, convenience, general welfare, and good
zoning practices require Code Amendment No. 14-01.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the
Planning Commission of the City of West Covina hereby recommends to the City Council of the
City of West Covina that it approves Code Amendment No. 14-01 to amend Chapter 26 (Zoning)
of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the
City Council for their attention in the manner as prescribed by law and this Resolution shall go into
force and effect upon its adoption.
SECTION NO. 5: This resolution and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the resolution as a whole, or any portion thereof
other than the section so declared to be unconstitutional or invalid.
2
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Planning Commission Resolution No
Code Amendment No. 14-01
June 23, 2015 - Page 3
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 23"I day of June, 2015
by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
DATE: June 23, 2015
Paul Blackburn, Chairman
Planning Commission
Jeff Anderson, Secretary
Planning Commission
3
\\StoragellplandataTase Files\CODE AMEND12014114-0 I Adult Oriented Business\PC 6.23.151Resolution.doc
Exhibit A
WHEREAS, findings will be made by the City Council at the time of the adoption of an
ordinance modifying the Adult Oriented Business section of the Municipal Code; and
WHEREAS, the City of West Covina has the authority, under its police power, to enact
regulations for the public peace, morals, and welfare of the city, Cal. Const. art. XI, § 7.
WHEREAS, the City has the authority to impose time, place and manner restrictions on
adult oriented businesses. City of Erie v. Pap's A.M., 529 U.S. 277 (2000).
WHEREAS, it is not the intent of the Planning Commission in adopting this ordinance to
suppress any activities protected by the First Amendment, but rather to enact a content-neutral
ordinance that addresses the secondary effects that adult businesses may have on the city. In
developing this ordinance, the City has been mindful of legal principles relating to regulation of
adult businesses and does not intend to suppress or infringe upon any expressive activities protected
by the First Amendments of the United States and California Constitutions, but instead desires to
enact reasonable time, place, and manner regulations that address the adverse secondary effects of
adult businesses. The City has considered decisions of the United States Supreme Court regarding
local regulation of adult businesses, including but not limited to the following: Young v. American
Mini Theaters, Inc., 427 U.S. 50 (1976); City of Renton v. Playtime Theaters, 475 U.S. 41(1986);
FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); Barnes v. Glen Theatre, 501 U.S. 560 (1991).
The City Council has also considered United States Ninth Circuit Court of Appeals decisions and
decisions in other jurisdictions, including but not limited to the following: City of National City v.
Wiener, 3 Cal. 4th 832 (1992), cert. denied, 510 U.S. 824 (1993); People v. Superior Court
(Lucero), 49 Cal. 3d 14 (1989); City of Vallejo v. Adult Books,167 Cal. App. 3d 1169 (1985), cert.
denied, 475 U.S. 1064 (1986); Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir.
1992), cert. denied, 507 U.S. 1030 (1993); Hang On, Inc. v. Arlington, 65 F.3d 1248 (5th Cir.
1995); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd Cir. 1993); International
Eateries v. Broward County, 941 F.2d 1157 (11th Cit. 1991), cert. denied, 503 U.S. 920 (1992); Sta
Satellite v. City of Biloxi, 779 F.2d 1074 (5th Cir. 1986); Lady J. Lingerie v. City of Jacksonville,
973 F. Sapp. 1428 (M.D. Fla. 1997); Movie & Video World, Inc. v. Palm Beach County, 723 F.
Supp. 695 (S.D. Fla. 1989).
WHEREAS, the Planning Commission takes legislative notice of the existence and content
of the following studies concerning the adverse secondary effects of adult oriented businesses in
other cities: Newport News, Virginia (1996); Corpus Christi, Texas (1995); National Law Center
(1995); Garden Grove, California (1991); Tucson, Arizona (1990); Seattle, Washington (1989);
Minnesota Attorney General Report (1989); St. Paul, Minnesota (1987); Austin, Texas (1986);
Oklahoma City, Oklahoma (1986); Indianapolis, Indiana (1984); Houston, Texas (1983); Beaumont,
Texas (1982); Minneapolis, Minnesota (1980); Phoenix, Arizona (1979); Whittier, California
(1978); Amarillo, Texas (1977); Cleveland, Ohio (1977); Los Angeles, California (1977). The
Planning Commission finds that these studies are relevant to the problems addressed by the City of
Exhibit A
Page 2
West Covina in enacting this ordinance to regulate the adverse secondary effect of adult oriented
businesses, and more specifically finds that these studies provide convincing evidence that:
1 Adult oriented businesses are linked to increases in the crime rates in those areas in which
they are located and in surrounding areas.
2. Both the proximity of adult oriented businesses to sensitive land uses and the concentration
of adult-oriented businesses tend to result in blight and deterioration of the areas in which
they are located.
3. The proximity and concentration of adult oriented businesses adjacent to residential,
recreational, religious, educational uses, as well as proximity to other adult oriented
businesses can have adverse secondary impacts on local businesses and residences.
4. There is substantial evidence that an increase in crime tends to accompany, concentrate
around, and be aggravated by adult oriented businesses, including but not limited to and
increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence
against persons and property. The studies from other cities establish convincing evidence
that adult oriented businesses which hare not regulated as to permissible locations often and
a deleterious effect on nearby businesses in residential areas, causing, among other adverse
secondary effects, an increase in crime and a decrease in property values.
WHEREAS, the Planning Commission finds the following, in part based upon its
understanding of the documents, testimony and judicial decisions in the public record:
1. Evidence indicates that some dancers, models and other persons who publicly perform
specified sexual activities or publicly display specified anatomical parts in adult businesses
(hereinafter collectively referred to as "performers") have been found to engage in sexual
activities with patrons of adult businesses on the premises of an adult oriented business.
2. Evidence demonstrates that performers employed by adult oriented businesses have been
found to offer and provide private shows to patrons who, for a price, are permitted to
observe and participate with the performers in live sex shows.
3. Evidence indicates that performers at adult oriented businesses have been found to engage in
acts of prostitution with patrons of the establishment.
4. Evidence indicates that fully enclosed booths, individual viewing areas, and other small
rooms whose interiors cannot be seen from public areas of the establishment regularly have
been found to be used as a location for engaging in unlawful sexual activity.
5. As a result of the above, and the increase in incidents of AIDS and Hepatitis B, both of
which are sexually transmitted diseases, the city has a substantial interest in adopting
regulations which will reduce, to the greatest extent possible, the occurrence of prostitution
and casual sex acts at adult oriented businesses.
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6. Evidence indicates that adult oriented businesses are frequently used for unlawful sexual
activities, including prostitution, and sexual liaisons of a casual nature.
WHEREAS, adult oriented business may be regulated by cities pursuant to state law, Gov't
Code § 65850.4; Penal Code §§ 318.5, 318.6.
WHEREAS, the Planning Commission finds that a sufficient number of appropriate
locations exist for the establishment of adult oriented businesses in the City.
WHEREAS, the Planning Commission finds that zoning, licensing and other police power
regulations are legitimate, reasonable means of accountability to help protect the quality of life in
the City of West Covina, and to help assure that all operators of adult oriented businesses comply
with reasonable regulations and are located in places that minimize the adverse secondary effects
that naturally accompany the operation of such businesses.
WHEREAS, the Planning Commission recognizes the possible harmful effects on the
children and minors exposed to the impacts of adult oriented businesses, and by the enactment of
this ordinance intends to minimize minors' exposure to adult oriented businesses.
WHEREAS, the Planning Commission finds that this code amendment is consistent with
the West Covina General Plan and the implementation thereof.
NOW THEREFORE, the Planning Commission of the City of West Covina does ordain
as follows:
Chapter 26- ZONING
ARTICLE XII. — Special Regulations for Unique Uses
DIVISION 20
Sec. 26-685.4100. - Purpose.
The purpose of this Division 20 is to regulate the location and operation of adult oriented uses
which, because of their very nature, are recognized in other communities as having significant
secondary effects on the cemmunity which include, but are not limited to: depreciated property
upon adjacent areas. Special regulation of these uses is believed to be necessary to ensure that
these adverse effects will not contfibute to the blighting or downgrading of the neighborhoods in
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the vicinity of the adult oriented businesses within West Covina. It is neither the intent, nor effect
of this division to impose limitations or restrictions on the content of any communicative
4-v-aese
adults to adult oriented materials protected by the First Amendment, or to deny access by the
distributors or exhibitors of adult oriented entertainment to their intended market.
maintenance of any business, building or use which violates any city ordinance- or statate-ef-the
State of California regarding public nuisances, sexual conduct, lewdness or obscene or harmful
matter or the exhibition or public display thereof prevent community-wide adverse economic
impacts, increased crime, decreased property values, and the deterioration of
neighborhoods that can be brought about by the concentration of adult oriented businesses
in close proximity to each other or proximity to other incompatible uses such as schools for
minors, churches, and residentially zoned districts of uses.
It has been demonstrated in various communities that the concentration of adult-oriented
businesses causes an increase in the number of transients in the area, and an increase in
crime, and in addition the effects described herein can cause other businesses and residents
to move elsewhere. It is, therefore, the purpose of this division to establish reasonable and
uniform regulations to prevent the concentration of adult oriented businesses or their close
proximity to incompatible uses, while permitting the location of such businesses in the
appropriate areas.
By the adoption of this ordinance, the City Council does not intend to condone or legitimize
the distribution of obscene material, and the City Council recognizes that state law
prohibits the distribution of certain materials and expects and encourages law enforcement
officials to enforce state obscenity statutes against such illegal activities within the City.
Sec. 26-685.4200. - Definitions.
The following definitions shall apply for purposes of this section:
Adult arcade: An establishment having as one of its principal business purposes, for any form of
consideration, one (1) or more still or motion picture projectors, or similar machines show films,
computer generated images, motion pictures, video cassettes, slides, or other photographic
reproductions which are distinguished or characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas.
Adult bookstore: An establishment having as one of its principal business purposes the display
and/or distribution of adult merchandise, books, periodicals, magazines, photographs, drawings,
sculpture, motion pictures, films, or videos, or other visual representations which are
distinguished or characterized by an emphasis upon the depiction or description of specified
sexual activity or specified anatomical areas.
Adult cabaret: A nightclub, restaurant, or similar business establishment which: (1) regularly
features live entertainment as defined herein; and/or (2) which regularly features persons who
display specified anatomical areas; and/or (3) shows films, computer generated images, motion
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pictures, video cassettes, slides, or other photographic reproductions which are distinguished or
characterized by an emphasis upon the depiction or description of specified sexual activities or
specified anatomical areas.
Adult hotel/motel: A hotel or motel or similar business establishment offering public
accommodations for any form of consideration which (1) provides patrons with closed-circuit
television transmissions, films, computer generated images, motion pictures, video cassettes,
slides, or other photographic reproductions which are distinguished or characterized by an
emphasis upon the depiction or description of specified sexual activities or specified anatomical
areas; and (2) rents, leases, or lets any room for less than a six (6) hour period, or rents, leases, or
lets any single room more than twice in a twenty-four (24) hour period.
Adult merchandise: Sexually oriented implements and paraphernalia, such as, but not limited to:
dildo, auto suck, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices,
anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually
oriented devices.
Adult motion picture theater: An establishment having as one of its principal business purposes,
the showing of, for any form of consideration, films, computer generated images, motion
pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or
characterized by an emphasis upon the depiction or description of specified sexual activities or
specified anatomical areas.
Adult oriented business: Adult arcades, adult bookstores, adult cabarets, adult hotels/motels,
adult motion picture theaters, adult theaters, sexual encounter centers, modeling studios, and any
other business or establishment which offers and/or provides to its patrons merchandise, services
or entertainment distinguished or characterized by an emphasis on matters depicting, describing
or relating to specified sexual activities or specified anatomical areas, but not including those
activities, the regulation of which are preempted or prohibited by state law. "Adult oriented
business" shall also include any establishment which, on a regular basis, provides or allows
performers, models, or employees to appear in any place in non-opaque clothing, covering, or
lingerie or in any opaque covering which is at any time altered to become non-opaque such that
specified anatomical areas become visible. For the purposes of this section, emphasis on matter
depicting, describing or relating to specified sexual activities or specified anatomical areas is
found to be in existence in situations which include, but are not limited to, one (1) or more of the
following:
(1) One of the principal purposes of the business or establishment is to operate as an adult
oriented business as evidenced by the name, signage, advertising or other public promotion
utilized by said establishment.
(2) One of the principal purposes of the business or establishment is to operate as an adult
oriented business as demonstrated by its services, materials, products or entertainment
constituting a substantial or significant portion of total business operations where such
services, products or entertainment are distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities or specified anatomical
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areas. As used in this division, the term "distinguished or characterized by an emphasis
upon" shall mean and refer to the dominant or essential theme of the object described by such
phrases. For instance, when the phrase refers to films "which are distinguished or
characterized by an emphasis upon" the depiction or description of specified sexual activities
or specified anatomical areas, the films so described are those whose dominant or
predominant character and theme are the depiction of the enumerated sexual activities or
anatomical areas. See Pringle v. City of Covina, 115 Cal. App3 151(1981).
(3)(1) As applied in this division, no business shall be classified as an adult oriented
business by virtue of showing, selling, or renting materials rated NC-17 or R by the
Motion Picture Association of America.
Adult oriented material: Any book, periodical, magazine, photograph, drawing, sculpture, motion
picture film, video, CD-ROM, laser disk, or other visual representation distinguished or
characterized by an emphasis upon the depiction or description of specified sexual activity or
specified anatomical areas.
Adult theater: A theater, concert hall, auditorium, or similar establishment which, for any form of
consideration regularly features, as one of its principal business purposes, live performances
which are distinguished or characterized by an emphasis on the display of specified sexual
activities or specified anatomical areas.
Applicant: A person who is required to file and application for a permit under this chapter,
and shall include the applicant's employees, agents, partners, directors, officers,
shareholders or managers.
Business permit: A permit validly issued by the City of West Covina to operate an adult
oriented business.
Employee: Any person who performs any service on the premises of a sexually oriented
business, on a full-time, part-time, or contract basis, whether or not the person is
denominated an employee, independent contractor, agent, or otherwise. "Employee" does
not include a person exclusively on the premises for repair or maintenance of the premises
or for the delivery of goods to the premises.
Establishment of an adult oriented business.
(1) The opening or commencement of any adult oriented business as a new business;
(2) The conversion of an existing business, whether or not an adult oriented business, to
any adult oriented business, as defined;
(3) The addition of any adult oriented business to any existing business or an existing other
adult oriented business;
(4) The relocation of any adult oriented business;
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(5) (44 A change in 25% or more of the ownership of an existing adult oriented business.
Individual viewing area: Any area designed for occupancy of only one person at any time for the
purpose of viewing live performances, pictures, movies, videos, or other presentations.
Live entertainment: Any display or performance by a human being which is characterized by an
emphasis on specified sexual activities or specified anatomical areas.
Modeling studio: An establishment having as one of its principal business purposes, provides, for
any form of compensation, models who, for the purposes of sexual stimulation of patrons,
display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or
otherwise depicted by persons paying such consideration. "Modeling studio" does not include
schools maintained pursuant to standards set by the State Board of Education. "Modeling studio"
further does not include a studio or similar facility owned, operated, or maintained by an
individual artist or group of artists, and which does not provide, permit, or make available
specified sexual activities.
Nudity or nude: The showing of the human male or female genitals, pubic area, vulva, anus,
anal cleft or cleavage with less than a fully opaque covering, or the showing of the female
breast with less than a fully opaque covering of any part of the nipple and areola.
Operate or cause to operate: To cause to function or to put or keep in a state of doing
business.
Operator: Any person who causes an adult oriented business to function or who puts or
keeps in operation the business or who is authorized to manage the business or exercise
overall operational control of the business premises. A person may be found to be
operating or causing to be operated an adult oriented business whether or not that person
is an owner, part owner, or permittee of the business.
Owner or manager: Any person who operates, owns, or otherwise has control over an adult
oriented business.
Performer or adult oriented business performer: Any dancer, model, entertainer, or other
person who publicly performs specified sexual activities or publicly displays specified
anatomical areas, or otherwise engages in performances distinguished or characterized by an
emphasis on specified sexual activities or specified anatomical areas.
Performer permit: A permit validly issued by the City of West Covina to work as an adult
oriented business performer within the City of West Covina.
Permittee: A person in whose name a permit to operate an adult oriented business has been
issued, including the individual or individuals listed as an applicant on the application for a
adult oriented business permit. In the case of a performer, it means the person in whose
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name the adult oriented performer permit has been issued. "Permittee" shall include the
permittee's employees, agents, partners, directors, officers, shareholders or managers.
Person: Individual, proprietorship, partnership, corporation, association, or other legal
entity.
Planning Director. The Planning Director of the City of West Covina, including his or her
designee.
Premises: The real property upon which the sexually oriented business is located, and all
appurtenances thereto and buildings thereon, including, but not limited to, the sexually
oriented business, the grounds, private walkways, and parking lots and/or parking garages
adjacent thereto, under the ownership, control, or supervision of the permittee, as
described in the application for a sexually oriented business permit.
Principal business purpose shall mean that the establishment:
(1) Has a substantial portion of its displayed merchandise which consists of books,
magazines, periodicals or other printed matter, or photographs, films, motion pictures,
video cassettes, compact discs, digital video discs, slides, or other visual representations
which are characterized by their emphasis upon the display of specified sexual activities
or specified anatomical areas; or
(2) Has a substantial portion of the wholesale value of its displayed merchandise which
consists of books, magazines, periodicals or other printed matter, or photographs, films,
motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual
representations which are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas; or
(3) Has a substantial portion of the retail value of its displayed merchandise which consists
of books, magazines, periodicals or other printed matter, or photographs, films, motion
pictures, video cassettes, compact discs, digital video discs, slides, or other visual
representations which are characterized by their emphasis upon the display of specified
sexual activities or specified anatomical areas; or
(4) Derives a substantial portion of its revenues from the sale or rental, for any form of
consideration of live performances, books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes, compact discs, digital
video discs, slides, or other visual representations which are characterized by their
emphasis upon the display of specified sexual activities or specified anatomical areas; or
(5) Maintains a substantial section of its net floor area for the sale or rental of books,
magazines, periodicals or other printed matter, or photographs, films, motion pictures,
video cassettes, compact discs, digital video discs, slides, or other visual representations
which are characterized by their emphasis upon the display of specified sexual activities
or specified anatomical areas; or
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(6) Regularly features live performances, books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, video cassettes, compact discs, digital
video discs, slides, or other visual representations which are characterized by their
emphasis upon the display of specified sexual activities or specified anatomical areas;
and prohibits access by minors, by reason of age, to its premises, and regularly
advertises, on signage visible from a public right-of-way, as providing items that the
advertising describes using the term "adult," "xxx," "triple-x," "x-rated," "erotic,"
"sexual," or a term or terms with similar import; or
Sexual encounter center: Any business, agency or person who, for any form of consideration or
gratuity, provides a place where three (3) or more persons, not all members of the same family,
may congregate, assemble or associate for the purposes of engaging in specified sexual activities
or exposing specified anatomical areas.
Specified anatomical areas:
(1) Less than completely and opaquely covered human genitals; pubic region; buttock; or female
breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities.
(1) The exposure, display or depiction of human genitals in a state of sexual stimulation or
arousal; or
(2) Acts of sexual intercourse, human masturbation, sexual stimulation or arousal; or
(3) Fondling or other erotic touching of one's own or another(s) body/bodies, human genitals,
pubic region, buttock, or female breast whether covered or not.
Specified criminal activity means any of the following specified crimes:
(1) Rape, child molestation, sexual assault, sexual battery, aggravated sexual assault,
aggravated sexual battery, or public indecency;
(2) Prostitution, keeping a place of prostitution, pimping, or pandering;
(3) Obscenity, disseminating or displaying matter harmful to a minor, or use of child in
sexual performance;
(4) Any offense related to any sexually-oriented business, including controlled substance
offenses, tax violations, racketeering, crimes involving sex, crimes involving
prostitution, or crimes involving obscenity;
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(5) Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or
(6) Any offense in another jurisdiction that, had the predicate act(s) been committed in
California, would have constituted any of the foregoing offenses.
Substantial: At least 25%.
Sec. 26-685.4300. Adult-Oriented-business pPermit required.
No adult oriented business shall be permitted to operate within the city unless the owner first
("Planning director")
(1) It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be
engaged in, conducted or carried on, in or upon any premises in the City of West
Covina, the operation of an adult oriented business unless the person first obtains and
continues to maintain in full force and effect a business permit from the City of West
Covina pursuant to the provisions of this chapter.
(2) It shall be unlawful for any individual to engage in or participate in any live
performance depicting specified anatomical areas or involving specified sexual activities
in an adult-oriented business unless the individual first obtains and continues in full
force and effect a performer permit from the City of West Covina pursuant to the
provisions of this chapter.
Sec. 26-685.4305 - Sexual encounter businesses prohibited.
No sexual encounter business is permitted to operate in any zone within the City of West
Covina.
Sec. 26-685.4400. Adult oriented business permit application.
Lu Any person, association, partnership, group, or corporation wishing to operate, cngage in,
conduct or carry on any adult oriented business shall submit an application, with the
applicable application fee to the planning director. Possession of other state or city licenses
does not exempt the applicant from this permit. An application for an adult oriented business
permit shall be signed by the applicant and shall contain the following information: The
director shall grant or deny a permit application.
L21 El-) An application for an adult oriented business permit shall be signed by the applicant
and shall contain the following information:
(a) A nonrefundable permit processing fee, as set by City Council resolution.
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(b) If the applicant is an individual, the individual shall state his or her legal name,
including any aliases, address, and submit satisfactory written proof that he or she
is at least 18 years of age.
(c) If the applicant is a partnership, the partners shall state the partnership's complete
name, address, the names of all partners, whether the partnership is general or
limited, and attach a copy of the partnership agreement.
(d) If the applicant is a corporation, the corporation shall provide its complete name,
the date of its incorporation, evidence that the corporation is in good standing under
the laws of California, the names and capacity of all officers and directors, the name
of the registered corporate agent and the address and contact information of the
registered office for service of process.
(e) If the applicant is an individual, he or she shall sign the application. If the applicant
is other than an individual, an officer of the business entity or an individual with a
10 percent or greater interest in the business entity shall sign the application.
(fi If the adult oriented business applicant intends to operate the adult oriented
business under a name other than that of the applicant, the applicant shall file the
fictitious name of the adult oriented business and show proof of registration of the
fictitious name.
(g) A description of the type of adult oriented business for which the permit is
requested and the proposed address where the adult oriented business will operate,
plus the names and addresses of the owners or lessors of the proposed premises.
(h) The address to which notice of action on the application is to be mailed; the address
shall not be a post office box.
(i) An applicant must state on penalty of perjury that he or she (as well any of the
officers, directors, or partners in the business) does not have a conviction for a
specified criminal activity, or the equivalent in another state for which: less than
two years have elapsed since the date of the conviction or the date of release from
confinement imposed for the conviction, whichever is the later date, if the conviction
is a misdemeanor offense; less than five years have elapsed since the date of
conviction or the date of release from confinement for the conviction, whichever is
the later date, if the conviction is a felony offense; less than five years have elapsed
since the date of the last conviction or the date of release from confinement for the
last conviction, whichever is the later date, if the convictions are of two or more
misdemeanor offenses or a combination of misdemeanor offenses occurring within a
twenty-four month period.
(j) The names of all employees, independent contractors, and other persons who will
work at the adult oriented business, including performers.
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(k) A sketch or diagram showing the interior configuration of the premises or the adult
oriented business, including a statement of the total floor are occupied by the adult
oriented business. The sketch or diagram need not be professionally prepared, but
must be drawn to a designated scale or drawn with marked dimensions of the
interior of the premises to an accuracy of plus or minus 6 inches.
(I) A certificate and straight-line drawing prepared within 30 days prior to application
depicting the building and the portion thereof to be occupied by the adult oriented
business and (a) the property line of any other adult oriented business within 1000
feet of the primary entrance of the adult oriented business for which a permit is
requested; and (b) the property lines of any church, school, park, residential zone or
use within 300 feet of the primary entrance of the adult oriented business.
(m)A diagram of the off-street parking areas and premises entries of the proposed
business showing the location of the lighting system required by Section 26-685-
4600.
(n) A security plan that satisfies the requirements of subsection (20) of Section 26-
685.4600 (Conditions of operation).
(3) All persons who have been issued a business permit shall promptly supplement the
information provided as part of the application for the permit required by this section,
including but not limited to the names of all performers required to obtain a performer
permit, within 15 calendar days of any change in the information originally submitted.
(1) The applicant, if it is a corporation or partnership, shall designate one (1) of its officers or
sign all application forms required of an individual applicant under this section.
(3) The current residential and business addresses and current residential and business
•
business.
(4) Written proof that the applicant is at least eighteen (18) years of age.
(-5)
The applicant's birth date and place of birth.
revoked for cause within the past three (3) years.
(8) Any applicant convictions within the past fly
relating to operation of an adult oriented business or a sexual crime.
(9) If the applicant is a corporation, the name of the corporation exactly as shown in its
articles of incorporation or charter, together with the place and date of incorporation, the
names and addresses of each of its current officers and directors. If the applicant is a
partnership, the name, residence address, and dates of birth of the general partners.
(10) The name and address of the owner ar bH30.19
business is to be conducted.
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(11) A description of the proposed business activity including a list of the activities the
business intends to undertake and a sketch of the interior and exterior plans for the adult
oriented business which address each of the requirements of section 26 685.4600
Sec. 26-685.4405. - Adult oriented business performer permit application.
(1) Any individual wishing to perform as an adult oriented business performer shall submit
an application to the planning director. Possession of other state or city licenses does
not exempt the applicant from this permit. The planning director shall grant,
conditionally grant, or deny a permit application.
(2) An application for a performer permit shall be signed by the applicant and shall
contain the following information:
(a) A nonrefundable permit processing fee, as set by City Council resolution.
(b) The applicant's legal name and any other names (including "stage names" and
aliases) used by the applicant; age, date and place of birth; height, weight, hair and
eye color; and present residence address and telephone number.
(c) A copy of the applicant's driver's license, or other current government-issued
identification.
(d) The address to which notice of action on the application is to be mailed.
(e) An applicant must state on penalty of perjury that he or she does not have a
conviction for a specified criminal activity, or the equivalent in another state for
which: less than two years have elapsed since the date of the conviction or the date
of release from confinement imposed for the conviction, whichever is the later date,
if the conviction is a misdemeanor offense; less than five years have elapsed since the
date of conviction or the date of release from confinement for the conviction,
whichever is the later date, if the conviction is a felony offense; less than five years
have elapsed since the date of the last conviction or the date of release from
confinement for the last conviction, whichever is the later date, if the convictions are
of two or more misdemeanor offenses or a combination of misdemeanor offenses
occurring within a twenty-four month period.
(0 The applicant must declare under penalty of perjury whether he or she has ever
been licensed or registered as a prostitute, or otherwise authorized by the laws of
any other jurisdiction to engage in prostitution in such other jurisdiction. If the
applicant has ever been licensed or registered as a prostitute, or otherwise
authorized by the laws of any other state to engage in prostitution, the applicant
shall provide the place of such registration, licensing or legal authorization, and the
inclusive dates during which he or she was so licensed, registered, or authorized to
engage in prostitution.
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(g) The applicant's fingerprints on a form provided by the Police Department, and a
passport-size color photograph clearly showing the applicant's face. Any fees for the
photographs and fingerprints shall be paid by the applicant.
(h) If the application is made for the purpose of renewing a performer permit, the
applicant shall attach a copy of the permit to be renewed.
(3) Any individual who has been issued a performer permit shall promptly supplement
the information provided as part of the application for the permit required by this
section, including but not limited to each and every location within the City where
the individual is performing, within 15 calendar days of any change in the
information originally submitted.
Sec. 26-685.4500. AppFeval-af-permit Permit processing; grounds for denial.
al The planning director shall determine whether the application is complete within thirty (30)
days of receipt. The application shall be determined to be complete upon receipt of all
required documentation and fees. The planning director shall thereafter approve or deny
the adult oriented business permit within thirty (30) days of determining that the application
is complete. The application shall be determined to be complete upon receipt of all required
documentation and fees.
(2) The planning director shall determine whether a business permit application is
complete within 30 days of receipt. The application shall be determined to be complete
upon receipt of all required documentation and fees. The planning director shall
thereafter approve or deny the adult oriented business permit within 30 days of
determining that the application is complete.
(3) The planning director shall deny a business permit application on the following
grounds:
(a) The building, structure, equipment or location used by the business for which an
adult oriented business permit is required do not comply with the requirements and
standards of the health, zoning, fire and safety laws of the city and the state, or with
the locational or development and performance standards and requirements of this
Ordinance.
(b) The applicant has knowingly made any false, misleading or fraudulent statement of
material fact in the application for an adult oriented business permit, or within any
subsequently updated information, renewal or report required by this division.
(c) An applicant is under 18 years of age.
(d) The required application fee has not been paid.
(e) The adult oriented business does not comply with the locational standards in Section
26-685.4000.
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(f) The applicant has, within the previous 12 months, had a permit for an adult
oriented business denied or revoked or is applying for a new permit within the
period in which the existing permit has been suspended.
(g) The applicant has been convicted of any specified criminal activity for which less
than two years have elapsed since the date of the conviction or the date of release
from confmement imposed for the conviction, whichever is the later date, if the
conviction is a misdemeanor; less than five years have elapsed since the date of the
conviction or the date of release from confinement imposed for the conviction.,
whichever is the later date, if the conviction is a felony; or less than five years have
elapsed since the date of the last conviction or the date of release from confinement
imposed for the last conviction, whichever is the later date, if the convictions are of
two or more misdemeanor offenses or a combination of misdemeanor offenses
occurring within a 24-month period.
(4) The planning director shall deny a performer permit application on the following
grounds:
(a) The applicant has knowingly made any false, misleading or fraudulent statement of
material fact in the application for an adult oriented business permit, or within any
subsequently updated information, renewal or report required by this division.
(b) The applicant is under 18 years of age.
(c) The required application fee has not been paid.
(d) The applicant has, within the previous 12 months, had a performer permit denied or
revoked or is applying for a new permit within the period in which the existing
permit has been suspended.
(e) The applicant has, within the previous 12 months, had a prostitution permit denied,
suspended or revoked.
(f) The applicant has been convicted of any specified criminal activity for which less
than two years have elapsed since the date of the conviction or the date of release
from confmement imposed for the conviction, whichever is the later date, if the
conviction is a misdemeanor; less than five years have elapsed since the date of the
conviction or the date of release from confinement imposed for the conviction,
whichever is the later date, if the conviction is a felony; or less than five years have
elapsed since the date of the last conviction or the date of release from confinement
imposed for the last conviction, whichever is the later date, if the convictions are of
two or more misdemeanor offenses or a combination of misdemeanor offenses
occurring within a 24-month period.
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(5) In the event a business or performer permit is denied, the applicant shall not reapply
for a period of 12 months from the date the denial becomes fmal.
Sec. 26-685.4600,Genditiens -of- Issuance Development and performance standards.
An adult oriented business permit shall D HOWIE
comply with all of the following operational requirements, except as otherwise regulated by
the State Department of Alcoholic Beverage Control:
(1) Zoning. The adult oriented business is to be located in the service-commercial (S-C)
zone, medium-commercial (C-2) zone, heavy-commercial (C-3) zone, regional-commercial (R-
C) zone, or manufacturing (M-1) zone.
(2) Proximity to other uses. The adult oriented business is not:
(a) Within three hundred (300) feet of any residential zone or any lot upon which a
residential use is legally occurring at the time this ordinance is adopted and continues to
occur at the time the application is reviewed; and
(b) Within three hundred (300) feet of any lot upon which there is located a church or other
religious facility or institution, public park, or educational institution which is utilized by
minors; and
(c) Within five hundred (500) feet of another adult oriented business, provided that this
separation requirement also applies from adult oriented businesses that are located
in adjacent cities.
(d) Within 100 feet of the Civic Center.
(3) Measurement of distances. For the purpose of this subsection, measurements shall be
made in a straight line, without regard to intervening structures or objects, from the nearest
peftieff-property line of where the building or structure used as a part of the premises
where the adult oriented business is conducted to the nearest property line of the premises of the
religious institution, educational institution utilized by minors, or park, or to the nearest
boundary of a residential district or use.
(4) Traffic. The adult oriented business shall not be located in an area where the traffic from
the adult oriented business shall increase the volume capacity ratio below level of service E; or,
will worsen the existing condition at level of service F; or increase the volume capacity ratio by
0.02, all as determined by the city engineer.
(5) Development standards. Except as set out herein or otherwise restricted by law, the adult
oriented business shall comply with the development standards, including signage standards, for
the zone in which the premises of the business is located.
(6) Display of adult oriented material or merchandise. The adult oriented business shall not
display any adult oriented material or merchandise in such a manner so as to be visible from any
location other than within the adult oriented business.
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(7) Exclusion of minors. The adult oriented business shall not be accessible to any person
under the age of "ghtcen (18), and such exclusion shall be clearly posted at all entrances.
(8) Areas open to public view. No area within the adult oriented business shall be visible
from its exterior.
(9) Nude performance prohibited. Nude adult oriented performances ae prohibited.
Adult oriented performers shall wear no less than pasties to cover the nipple areas of
female breasts, and a g-string that covers the genital area.
(10) (9) Interior orientation. The interior of the adult oriented business shall be configured
such that there is an unobstructed view, by use of the naked eye and unaided by video, closed
circuit cameras or any other means, of every public area of the premises (excluding restrooms),
including but not limited to the interior of all individual viewing areas, from a manager's station
which is no larger than thirty two (32)-square feet of floor area with no single dimension being
greater than eight (8 feet in a public portion of the establishment. No public area (excluding
restrooms), including but not limited to the interior of any individual viewing area, shall be
obscured by any door, curtain, wall, two way mirror or other device which would prohibit a
person from seeing into the interior of the individual viewing area, solely with the use of the
naked eye and unaided by video, closed circuit cameras or any other means, from the manager's
station. A manager shall be stationed in the manager's station at all times the business is in
operation or open to the public in order to enforce all rules and regulations. No individual
viewing area shall be designed or operated to permit occupancy of more than one (1) person at a
time.
all (10) Business hours. No adult oriented business shall operate from the hours of 2:00
a.m. to 7:00 a.m.
aQ, (11) Parking lot lighting. The parking lot lighting system shall be so designed to
produce a minimum light level of three (3) foot candles on the entire parking facility's horizontal
surface.
1Th (12) Interior lighting. All areas of the adult oriented business shall be illuminated at a
minimum of the following foot-candles, minimally maintained and evenly distributed at ground
level:
a. Arcade: 10 foot-candle in public areas
b. Bookstores: 20 foot-candles
c. Cabaret: 5 foot-candles, except during performances, at which times the lighting
shall be at least 1.25 foot candles
d. Hotels/Motels: 20 foot-candles in public areas
e. Individual viewing booths: 1.25 foot-candles
f. Motion picture theater: 10 foot-candles, except during performances, at which
times the lighting shall be at least 1.25 foot-candles
g. Theater: 5 foot-candles, except during performances, at which times the lighting
shall be at least 1.25 foot candles
h. Other establishments not listed above: 20 foot-candles
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an (13) Operation of individual viewing areas. Each machine used to show films,
computer generated images, motion pictures, video cassettes, slides, or other photographic
reproductions, which are distinguished or characterized by an emphasis upon the depiction or
description of specified sexual activities or specified anatomical areas, shall be located in an
individual viewing area. Any individual viewing area of the adult oriented business shall be
separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier and shall
be operated and maintained with no holes, openings, or other means of direct visual or physical
access between the interior space of two or more individual viewing areas. No individual
viewing area may be occupied by more than one person at any one time.
an (11) Separation zones. Whenever live entertainment is provided, patrons shall be
physically separated from performers by a buffer zone of at least six feet and no physical contact
between performers and patrons shall be permitted. This provision shall not apply to an
individual viewing area where the stage is completely separated from the individual viewing area
by a floor to ceiling permanent, solid barrier.
(15) Use of single building for multiple uses. No building, premises, structure, or other
facility shall be permitted to contain more than one type of adult oriented business as such types
of adult oriented business are defined in section 26-685.4200. For the purposes of this section,
the phrase "adult oriented business" shall not be considered a single type of adult oriented
business.
WI (16) Payment of gratuity. No patron shall directly or indirectly pay or give any gratuity
to any performer and no performer shall solicit or accept any gratuity from any patron.
an (17) Separate restrooms. The adult oriented business shall provide separate restroom
facilities for male and female patrons and employees. The restrooms shall be free from adult
oriented material. Only one (1) person shall be allowed in the restroom at any time, unless
otherwise required by law, in which case the Adult oriented business shall employ a restroom
attendant of the same sex as the restroom users who shall be present in the restroom during
operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual
activities within the restroom and shall ensure that no person of the opposite sex permitted in the
restroom.
il_91 (18) Parking. The adult oriented business complies with the city's parking standards
for the underlying use. Where no city parking standards exist for a particular underlying use, the
applicant shall provide one (4) space per occupant as based upon the maximum occupancy as
determined by the building official.
g± (19) Security plan. A detailed security plan is submitted to the director that describes
measures that will be implemented to provide adequate security both within the interior and
exterior of the premises of the business, specifically including, but not limited to, measures to
comply with the requirements of subparagraphs (109) and (219) of this section.
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arD (20) Security guards. For an adult oriented business that provides live entertainment, at
least one (1) security guard shall be on duty outside the premises, patrolling the grounds and
parking areas, at all times while the business is open and providing live entertainment. If the
occupancy limit of the premises is greater than fifty (50)persons, an additional security guard
shall be on duty inside the premises for each additional fiftt-(50)-patrons. The security guard(s)
shall be charged with preventing violations of and enforcing compliance by patrons with the
requirements of this division, and notifying the appropriate authorities of any violations of law
observed. Any security guard required by this subparagraph shall be uniformed in such a manner
so as to be readily identifiable as a security guard by the public and shall be duly licensed as a
security guard as required by applicable provisions of the state or local law. No security guard
required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker or
admittance person while acting on duty as a security guard.
gQ (21) The business location, structure, and equipment complies with all applicable
health, fire, building, or other state, federal, or local laws and regulations.
(23) (22) All statements in the application are true and correct.
afl (23) The owner or manager of an adult oriented business agrees that he/she will not
permit any employee on the premises to engage in a live showing of specified anatomical areas.
The owner or manager of an adult oriented business shall be responsible to ensure
compliance with this Ordinance by employees, performers and patrons.
Sec. 26-685.4650. - Inspections.
The permittee shall permit officers of the City of West Covina to inspect the premises of the
adult oriented businesses is open for business or eccupied. Officers of the City of West Covina
may inspect the premises of an adult oriented business for the purpose of ensuring
compliance with the law at any time the adult oriented business is open for business or
occupied.
Sec. 26-685.4700. - Permit renewal.
Adult oriented business permits and adult oriented business performer permits shall only be
valid for a period of one year from the date of issuance. Adult oriented bBusiness permits and
performer permits shall be renewed on a year to year basis provided that the permittee
continues to meet the requirements set forth in this EeetiefiChaPter. The renewal fee for an adult
oriented business permit shall be established by resolution of the city council. A renewal
request must be submitted to the planning director on a form provided by the City no later
than 30 days prior to the permit's expiration date.
Sec. 26-685.4800. - Permits non-transferable.
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Lil No adult oriented business permit or adult oriented business performer permit may be
sold, transferred, or assigned by any permittee or by operation of law, to any other person, or
persons. Any such sale, transfer, assignment or attempted sale, transfer, or assignment shall
be deemed to constitute a voluntary surrender of Such the permit and suela-the permit shall
thereafter be null and void. An adult oriented business permit held by an individual in a
corporation, partnership, or limited partnership is subject to the same rules of transferability
as contained above.
(2) Any transfer of 25% or more of the ownership of an adult oriented business shall be
considered a new adult oriented business and shall require a new business permit
application.
Sec. 26-685.4900. — Business Permit issued for one location only; performer permit issued
for one individual only.
in An adult oriented business permit shall only be valid for the location specified on the permit.
(2) An adult oriented business performer permit shall only be valid as to the individual
permittee.
Sec. 26-685.5000. - Permit revocation.
L11 The planning director may, sr—el
permit has been violated, revoke or suspend an adult oriented business permit or an adult
oriented business performer permit on the following grounds:
(a) Any violation of the provisions of this division.
(2) A business permit or performer permit shall be revoked upon a showing, by a
preponderance of the evidence, of the following:
(a) The permittee, employee, agent, partner, director, stockholder, or manager of an
adult oriented business has knowingly allowed or permitted, and has failed to make
a reasonable effort to prevent the occurrence of any of the following on the premises
of the business, or in the case of a performer, the permittee has engaged in one of
the activities described below while on the premises of an adult oriented business:
(i) Any act of sexual intercourse, sodomy, oral copulation, or masturbation.
(ii) Use of the establishment as a place where unlawful solicitations for sexual
intercourse, sodomy, oral copulation, or masturbation openly occur.
(iii)Any conduct constituting a criminal offense which requires registration under
Section 290 of the California Penal Code.
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(iv)The occurrence of acts of lewdness, assignation, or prostitution, including any
conduct constituting violations of Sections 315 1 316, or 318 or Subdivision (b) of
Section 647 of the California Penal Code.
(v) Any act constituting a violation of provisions in the California Penal Code
relating to obscene matter or distribution of harmful matter to minors, including
but not limited to Sections 311 through 313.4.
(vi)Any violation of the provisions of this division, including,: but not limited to,
allowing any person to engage in or participate in any live performance
depicting specified anatomical areas or involving specified sexual activities in an
adult oriented business, without a valid performer permit.
(b) Failure to abide by any disciplinary action previously imposed by an appropriate
City.
01 Written notice of the proposed revocation shall be furnished to the pennittee. Such notice
shall summarize the principal reasons for the proposed revocation or suspension and shall be
delivered as follows:
(a) Business permit: both by posting the notice at the location of the adult oriented business
and by sending the same, certified mail, return receipt requested and postage pre-paid,
addressed to the permittee as that name and address appears on the permit.
(b) Performer permit: sending the same, certified mail, return receipt requested and
postage pre-paid, addressed to the permittee as that name and address appear on
the permit.
Lil Within 10 days after the later of the mailing or posting of the notice, the permittee may file a
request for hearing with the planning director. If the request for a hearing is timely received
by the planning director, the hearing shall be provided as contained in pursuant to Section
26-685.5100 below. If a hearing is requested, no action shall be taken before the planning
commission decision.
(5) If the permittee does not request a hearing, the suspension or revocation shall take
effect days after the later of the mailing or posting of the notice, and shall the decision
of the planning director shall be final.
Sec. 26-685.5100. - Permit revocation hearing.
j_ Upon receipt of a written request for a hearing the planning director shall transmit the request
to the planning commission who shall conduct an advertised a noticed public hearing within
thirty (30) days of receipt of such request. Said The hearing shall be advertised in a local
paper of general circulation ten (10) days prior to hearing. The permittee shall be notified by
certified mail, return receipt requested and postage pre-paid, of the time and place of the
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hearing. Notice by U.S. mail shall also be provided to any interested party requesting such
notice.
gl Within ten (10) days of the termination of the hearing, the planning commission shall prepare
a written report. Such written report shall contain a brief summary of the evidence cens-idered
and shall state findings, conclusions and recommendations. All such reports shall be filed
with the city clerk within five (5) days of completion, and shall be considered public records.
A copy of such report shall be forwarded by certified mail, return receipt requested and
postage pre paid, to the permittee and any interested party on the day it is filed with the city
clerk. If the planning commission determines that the applicant has violated any of The
provisions of this eliN=ision, the planning cenimission shall revoke the perrnittee's adult
oriented business permit. The decision of the planning commission is final At the time and
place set for the hearing, the planning commission shall hold a de novo hearing and
shall afford the permittee and other interested parties a reasonable opportunity to be
heard in connection therewith.
(3) To allow the permittee the opportunity to fully present their arguments, the formal
rules of evidence shall not apply and all relevant evidence may be considered. However,
the planning commission has the discretion to exclude irrelevant evidence, i.e., evidence
that does not pertain to the issue(s) on appeal. The planning commission also has the
discretion to exclude evidence it deems needlessly repetitive.
(4) If, based on all the relevant evidence and testimony of witnesses at the hearing, the
planning commission finds that the permittee has committed violations of this division,
or has allowed the commission of such violations, then the planning commission shall
issue an order to either revoke, suspend or modify the permit. If the planning
commission finds no violations, it shall take no action on the permit.
(5) The director shall mail by certified or registered U.S. Mail a copy of the planning
commission's decision to the permittee, and to any other person requesting the same,
within five business days after the adoption thereof. The planning commission's
decision shall be final and effective immediately, and shall specify that any action to
review its decision shall be commenced no later than the time period set forth in the
California Code of Civil Procedure Section 1094.8.
Sec. 26-685.5200. - Violation and penalty.
(a) Every person, whether acting as an individual owner, employee of the owner, permittee,
or operator or employee of the permittee, or whether acting as a mere helper for the owner,
permittee employer, or operator, or whether acting as a participant or worker in any way, who
operates or conducts an activity referred to in this section without first obtaining an adult
oriented business permit from the city, or who shall violate any provisions of this division, shall
be guilty of a misdemeanor. Any person violating any of the provisions of this section shall be
fined not more than one thousand dollars ($1,000.00) for each offense nor imprisoned for more
than six (6) months in the county jail or both for each offense. Each day such violation shall
continue shall be regarded as a separate offense.
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(b) Any establishment operated, conducted or maintained contrary to the provisions of this
section is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of
prosecuting a criminal action hereunder, commence an action or actions, proceeding or
proceedings for the abatement, removal and enjoinment thereof in the manner provided by law,
and shall take such other steps and shall apply to such court or courts as may have jurisdiction to
grant such relief as will abate or remove such adult oriented business and restrain and enjoin any
person from operating, conducting or maintaining such an establishment contrary to the
provisions of this division.
Secs. 26-685.5300-26-685.5900. - Reserved.
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ATTACHMENT 2
There was a discussion by the Commission regarding the size and mass of the proposed home.
Each of the Commissioners expressed their concern with the impacts on privacy of the
surrounding neighbors this home would have. They also said they had concerns with the mass
of the home.
There was a discussion by the Commission regarding what action should be taken.
Commissioner Castellanos said he would consider continuing the matter to allow the applicant
to reduce the size and mass of the home. Commissioner Blackburn suggested that the home be
reduced to a single story home, which would help preserve the privacy of adjacent residents.
He also suggested that the square footage of the home should be reduced to 3,000 square feet.
Commissioner Castellanos also said he wouldn't be opposed to a two-story home as long as it
was designed to respect the privacy of the neighbors. Chairman Menefee suggested that the
applicant look at the existing two-story homes in the area and try to make this home similar in
size and style to those homes. Commissioner Valles said she wasn't in favor of a two story
home, and would prefer a single-story design. Commissioner Valles suggested that the
applicant work with staff to design a home that would be more compatible with the
surrounding area.
Motion by Blackburn, seconded by Valles, to continue the public hearing to allow the
applicant to redesign and reduce the size of the proposed home. Motion carried 4-0 (Holtz
absent.)
NON HEARING ITEMS
6. STUDY SESSION — CODE AMENDMENT NO. 14-01
ADULT-ORIENTED BUSINESSES
Planning Director Jeff Anderson presented the staff report. Mr. Anderson reviewed the
discussion by the Commission at a previous study session. He also presented
recommendations from the City Attorney for the regulation of signage, zoning and increased
separation from sensitive uses for adult-oriented businesses. Ms. Gerli, Deputy City
Attorney, also spoke to the Commission regarding the City Attorney's recommendations.
There was a discussion regarding City regulation of signage for adult-oriented businesses
related to content and display. There was also a discussion regarding which zone would be
better to allow adult-oriented businesses, and the incorporation of a 300-foot separation of
adult-oriented businesses from sensitive uses, such as churches, parks, schools and day care
uses. During the discussion, Chairman Menefee asked if industrial or commercial zones
were better suited to adult-oriented business. Commissioner Blackburn asked if there were
any adult-oriented businesses currently operating in the city. Commissioner Valles asked if
the moratorium could be extended to allow the city more time to study the matter and adopt
an ordinance.
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ATTACHMENT 2
At the conclusion of the discussion, Ms. Gerli recommended that the Commission give staff
direction to draft an ordinance incorporating the matters discussed for their review.
Staff was directed to submit a draft ordinance for consideration by the Planning Commission
at a future meeting.
CONTINUATION OF ORAL COMMUNICATIONS
Herb Redholtz said he was pleased that Portos Bakery would be opening a store at the Crazy
Horse site.
COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS
Chairman Menefee spoke about the reorganization at the next meeting, and thanked staff for their
help during his term as chairman.
Commissioner Valles thanked Chairman Menefee for this leadership and Commissioners
Blackburn and Castellanos also expressed their appreciation to Chairman Menefee for his service
as Chairman.
PLANNING DIRECTOR'S REPORT:
a. Project Status Report — April 2015
b. General Plan Update Meetings:
Core Focus Group meeting, May 11, 2015 at 7:00 p.m. at Shadow Oak Community
Center.
Mr. Anderson also announced that Assistant Planner Amy Davis was leaving the City of West
Covina, and the marriage of Senior Planner Ron Garcia.
CITY COUNCIL ACTION:
Mr. Anderson said City Ventures would be scheduled for hearing by the City Council. He added
that former Councilmember Ben Wong had been appointed to the Council to fill the vacancy
created by Councilmember Herfert's resignation from the Council earlier this year.
ADJOURNMENT
Chairman Menefee adjourned the meeting at 9:25 p.m.
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0.0 of West Covina
ATTACHMENT 3 Memorandum
AGENDA
ITEM NO. 6
DATE: April 28_, 2015
TO: Planning Commission
FROM: Planning Department
SUBJECT: STUDY SESSION
CODE AMENDMENT NO, 14-01
Adult Oriented Businesses
I. DESCRIPTION
At the City Council meeting on February 4, 2014, the City Council adopted Ordinance No.
2256, establishing a moratorium prohibiting the issuance of approvals for the operation of
Adult Oriented Businesses and initiating a code amendment to consider revisions to the Adult
Oriented Businesses section of the Municipal Code. On March 4, 2014, the Council extended
the Moratorium for an additional 10 months and 15 days. Subsequently on January 20, 2015
the City Council extended the moratorium for another year. The moratorium period will end
on February 3, 2016. No further extensions to the moratorium are allowed. The goal of the
City is to complete the code amendment process to ensure that a revised Code would take
affect prior to February 3, 2016. This moratorium affects all parcels within the City of West
Covina.
The goal of a moratorium is to allow the City time to conduct research of alternative code
standards and seek input on potential code standards by residents, the City Attorney's
Office, the Planning Commission, and City Council. The adoption of a moratorium can
last no longer than two years and allows for full review of the current regulations and
provides for new standards to be adopted.
Since the adoption of the moratorium staff has been working with the City Attorney's
Office to review the current Code requirements to determine if they are legally adequate in
protecting the First Amendment rights of adult businesses and in establishing standards
that are appropriate for the City. Staff began working with attorneys for Alvarez-Glasman
and Colvin and we are now working with Jones & Mayer, the current City Attorney.
The Planning Commission held a study session on February 10, 2015 at which time the
Commission discussed First Amendment rights, the existing code standards, and ideas for
revisions to the code standards.
11StoragenplandatalCase Files\CODE AMEND12014114-01 Adult Oriented 13usiness1PC SS 4.28.151Staff Report.doc
Code Amendment 14-01
Adult Oriented Businesses
April 28, 2015 - Page 2
II. DISCUSSION
At the conclusion of the discussion at the February 10, 2015 study session, the Planning
Commission requested an additional study session to discuss the following issues.
o Can the City regulate size and content of signs differently than other commercial
uses?
o Can the separation requirement for sensitive uses (schools, parks, religious
facilities, residences) be increased from 300 feet?
Signage
The City Attorney's office has researched the issue and determined that the City has some
ability to provide different sign standards for adult oriented businesses.
Current standards for wall signs for commercial businesses allow three square feet of
signage for every one lineal feet of building frontage (up to 300 square feet on the primary
frontage and 150 square feet on secondary frontages). Standards for freestanding signs for
single-tenant buildings vary between lots that have freeway frontage and those that do not.
The chart below summarizes the sign standards.
Building Type Code Standard
Single-Tenant Buildings that are under
30,000 square
6 feet in height and 40 square feet in area
Freeway Adjacent Single-Tenant Buildings 35 feet in height and 200 square feet in area
Staff recommends that standards be added to the draft ordinance. These standards would
include the following.
Signs — prohibit changeable copy signs and temporary signs for adult uses. Wall and
freestanding signs would be allowed in the same manner as other types of uses.
Exterior Painting — the exterior of the building would not be allowed to be painted with
any design that advertised a message. In addition the exterior of the building could not
be substantially inconsistent with structures on abutting properties.
Displays — advertisement, displays, signs of other exhibits depicting specified
anatomical areas and/or adult entertainment activities on the interior of the building
shall be arranged to prevent public viewing for the exterior of the building.
ZACase Files\CODE AMEND12014114-01 Adult Oriented Business\PC SS 4.28.151StaffReport.doc
Code Amendment 14-01
Adult Oriented Businesses
Apri128, 2015 - Page 3
Separation of Adult Oriented Businesses from Sensitive Uses
The current Adult Oriented Business code standards require a separation of 300 feet
between adult businesses and sensitive uses. Adult Oriented Businesses are currently
allowed in S-C, C-2, C-3, R-C and M-1 zones. Adult businesses must be 300 feet away
from sensitive uses including residential zones, religious facilities, public parks, or
educational institutions. Adult businesses also must be 500 feet from other adult
businesses. Measurement from building where adult business is located to nearest property
line of sensitive uses.
At the previous study session, Staff presented the idea of keeping the current separation of
sensitive uses at 300 feet but increasing the separation of adult uses which would be
increased from 500 feet to 1,000 feet. In addition, staff recommended that a new standard
be added requiring that adult oriented businesses be 100 feet away from the Civic Center as
uses such as the Library and events in the courtyard include families and children.
Based on input from the Planning Commission, staff created maps indicting the changes
that would occur if the separation was increased to 400 feet or 500 feet. The maps will be
presented at the Planning Commission meeting. The 500 foot separation map indicates
that adult oriented businesses would be allowed on 62 parcels and an additional 51 parcels
would allow adult oriented businesses on a portion of the property. Staff further analyzed
the number of locations that could allow adult businesses based on the 500 foot separation
from sensitive uses and a 500 foot separation between adult uses and determined that such
uses could be allowed in 70 locations.
The City Attorney's office has reviewed the changes that would occur if the separation
distance was increased and has concluded that requiring a 500-foot separation from
sensitive uses and retaining the separation of adult uses would allow sufficient sites within
the City of West Covina. Staff is therefore recommending that the separation of adult
oriented businesses be increased from 300 feet to 500 feet and the separation of adult uses
remain at 500 feet.
Conclusion
The purpose of this study session is to provide the Planning Commission with information
requested at the study session of February 10, 2015. If the Planning Commission reaches an
agreement (either that a code amendment should be drafted or that a code amendment is not
appropriate) then the next step will be to schedule a public hearing before the Planning
Commission. Subsequent to Planning Commission review, a public hearing will be
scheduled for the City Council to determine if changes to the Code are appropriate.
Z:\Case Files\CODE AIVIEND12014114-01 Adult Oriented Business\PC SS 4.28.151StaffReportdoc
Code Amendment 14-01
Adult Oriented Businesses
April 28,2015 -Page 4
III. RECOMMENDATION
Staff recommends that the Planning Commission review the information in the staff report
and attachment and provide appropriate direction to staff regarding standards to be
included in the code amendment.
Attachments:
Attachment 1 — Adult Oriented Businesses Code
Attachment 2- Study Session Staff Report, 2/10/15
Attachment 3 — Planning Commission Minutes, 2/10/15
ZACase Files\CODE AMEND12014114-01 Adult Oriented Business\PC SS 4.28.151StaffReport.doc
Adopted 3/10/15
ATTACHMENT 4
AGENDA
DATE: March 10 2015
ITEM NO.: 2
MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF WEST COVINA
Tuesday, February 10, 2015
The regular meeting of the Planning Commission was called to order at 7:00 p.m. in the West
Covina Council Chambers. Commissioner Castellanos led the Pledge of Allegiance and the
Commission observed a moment of silence.
ROLL CALL
Present: Blackburn, Castellanos, Holtz, Menefee and Valles
Absent: None
City Staff Present: Gerli, Wong, Anderson and de Zara
APPROVAL OF MINUTES:
None
OTHER MATTERS OR ORAL COMMUNICATIONS
None
PUBLIC HEARINGS - None
NON-HEARING ITEMS
1. STUDY SESSION —CODE AMENDMENT NO. 14-01
ADULT-ORIENTED BUSINESSES
Planning Director Jeff Anderson presented the staff report. During his presentation, Mr.
Anderson spoke about the moratorium on Adult Oriented Businesses. He further
explained that the First Amendment of the Constitution protects Adult-Oriented
Businesses because the First Amendment allows freedom of expression.
Mr. Anderson reviewed proposed amendments to the code, and the Commission asked
questions and offered suggestions throughout the discussion. Matters considered by the
Commission included the clarification of current definitions in the new code, requiring an
adult business permit for staff review, locations and zones where adult businesses could
be prohibited, separation between adult businesses and residential, churches and school
\\Storagellplandata\PLANCOMW1INUTES12015 MINUTES12.10.15 minutes.doc
Planning Commission Minutes
Page 2 — February 10, 2015
uses, including the library and parks, and the relationship between adult businesses and
massage therapy businesses.
Chairman Menefee expressed concern that the current code is not current with video
technology terms. The Commission also considered maximum separation between adult
businesses and residences, schools, parks and the library. They also considered the public
hearing notification process
In response to a comment on regulation signage, City Attorney Gerli told the Commission
that they could restrict nudity on some signs. She added that she would look into what
other restrictions to signage would be legal. The Commission also considered city
inspections to determine compliance, annual, non-transferable business permit
requirements and renewal, and requiring performers at adult oriented businesses to secure
non-transferable performer permits.
The Commission also considered revocation procedures, including revocation hearings.
The City Attorney suggested that standards included in the code should explain the
process for revocation of adult-oriented business license permits. There was also a
discussion regarding fines and incarceration for violations of the adult business
ordinance, and other possible requirements for performer permits. Commissioner
Castellanos asked if they would charge special taxes for the operation of an adult-oriented
business. City Attorney Gerli said that special taxes for this type of business would have
to appear on the ballot and be approved by citizens West Covina.
At the end of the discussion, Mr. Anderson told the Commission that staff would research
issues raised and schedule an additional study session for review by the Commission.
CONTINUATION OF ORAL COMMUNICATIONS
Irene Fleck — Ms. Fleck commented that she's pleased with the General Plan Update and the
Speaker Series.
COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS
Chairman Menefee spoke regarding March 10, 2015 Planning Commission meeting,
Speaker Series on West Covina website, Planning Commissioner's Academy.
2. PLANNING DIRECTOR'S REPORT:
a. Status Report — February, 2015
Chairman Menefee expressed his concern that some projects on the Status Report
linger without being completed. He asked if there is any communication between
applicants and staff during the construction process.
b. General Plan Update Meetings
Storage1lp1andatalPLANCOM1MINUTES12015 M1NUTESk2.10.15 minutes.doc
City of West Covina
ATTACHMENT 5 Memorandum
AGENDA
ITEM NO. 1.
DATE: February 10, 2015
TO: Planning Commission
FROM: Planning Department
SUBJECT: STUDY SESSION
CODE AMENDMENT NO. 14-01
Adult Oriented Businesses
I. DESCRIPTION
At the City Council meeting on February 4, 2014, the City Council adopted Ordinance No.
2256, establishing a moratorium prohibiting the issuance of approvals for the operation of
Adult Oriented Businesses and initiating a code amendment to consider revisions to the Adult
Oriented Businesses section of the Municipal Code. On March 4, 2014, the Council extended
the Moratorium for an additional 10 months and 15 days. Subsequently on January 20, 2015
the City Council extended the moratorium for another year. The moratorium period will end
on February 3, 2016. No further extensions to the moratorium are allowed. The goal of the
City is to complete the code amendment process to ensure that a revised Code would take
affect prior to February 3, 2016. This moratorium affects all parcels within the City of West
Covina.
The goal of a moratorium is to allow the City time to conduct research of alternative code
standards and seek input on potential code standards by residents, the City Attorney's
Office, the Planning Commission, and City Council. The adoption of a moratorium can
last no longer than two years and allows for full review of the current regulations and
provides for new standards to be adopted.
Since the adoption of the moratorium staff has been working with the City Attorney's
Office to review the current Code requirements to determine if they are legally adequate in
protecting the First Amendment rights of adult businesses and in establishing standards
that are appropriate for the City. Staff began working with attorneys for Alvarez-Glasman
and Colvin and we are now working with Jones & Mayer, the current City Attorney.
II. DISCUSSION
\\StoragellplandatalCase Files\CODE AMEN1312014 114-01 Adult Oriented Business\PC SS 2.10.151StaffReport.doc
Code Amendment 14-01
Adult Oriented Businesses
February 10, 2015 - Page 2
It should be noted that Adult Oriented Businesses are a constitutionally protected use under
the First Amendment. Therefore the City must allow adult businesses. However,
reasonable standards can be applied to adult businesses.
In reviewing the Code sections, it was noted that many of the requirements continue to be
valid. Therefore staff will be presenting modifications to the existing Code, rather than
deleting the existing code and establishing new standards.
The current Adult Oriented Businesses Section includes the following sections.
• Purpose
• Definitions
• Adult Oriented Business Permit Required
• Adult Oriented Business Permit Application
• Approval of Permit
• Conditions of Issuance
a Inspections
• Permit Renewal
• Permits Non-Transferable
• Permit Issued for One Location Only
• Permit Revocation
• Permit Revocation Hearing
• Violation and Penalty
In addition, it is recommended that a new section be added called "Adult Oriented
Business Performer Permit Application." This new section would require entertainers
hired as part of a business to obtain permits. The chart below provides a discussion on the
recommended section.
The following chart provides information on the existing Code and changes recommended
by staff and the City Attorney's office.
Existing Code Sections Recommended Changes
Purpose — explanation of purpose of
Adult Oriented Business Code.
Update text describing the purpose.
ZACase Files\CODE AMEND12014114-0l Adult Oriented Business\PC SS 2.10.15kStaff Report.doe
Existing Code Sections Recommended Changes
Definitions — provision of definitions of
terms used in the Code.
Add definition for Applicant, Business
Permit, Employee, Establishment of an
Adult Business, Operate or Cause to
Operate, Operator, Owner or Manager,
Performer Permit, Permittee, Person,
Planning Director, Premises, Principal
Business Purpose, Specified Criminal
Activity, and Substantial.
Adult Oriented Business Permit
Required — statement that a permit is
required.
Modify text to clarify and strengthen
requirement.
Adult Oriented Business Permit
Application — requires that an applicant
obtain a permit from the Planning
Director. The permit is not intended to
be a discretionary permit. If the
applicant complies with the requirements
of the application and conditions of
issuance, the permit should be approved.
Replace text to clarify and strengthen
submittal requirements.
Approval of Permit — establishes a 30
day time period for review by the
Planning Director for completeness of
application. In addition, upon
determining an application is complete,
the Planning Director has 30 days to
approve or deny.
Change to "Permit Processing, Grounds
for Denial". Retain the current standards
for review time. Add grounds for
denying a permit application.
Conditions of Issuance — establishes
location standards. Adult Oriented
Businesses currently allowed in S-C, C-
2, C-3, R-C and M-1 zones. Adult
businesses must be 300 feet away from
Change to "Development and
Performance Standards". Retain the
current standards (including zones) with
the exception of the separation of adult
uses which would be increased from 500
Code Amendment 14-01
Adult Oriented Businesses
February 10,2015 - Page 3
Z:lease Files\CODE AMF,N13120141 14-0 I Adult Oriented I3usiness\PC SS 2.10.151StaffReport.doe
Code Amendment 14-01
Adult Oriented Businesses
February 10, 2015 Page 4
Existing Code Sections Recommended Changes
sensitive uses including residential
zones, religious facilities, public parks,
or educational institutions. Must be 500
feet from other adult businesses,
Measurement from building where adult
business is located to nearest property
line of sensitive uses.
Conditions of issuance also include, but
are not limited to, standards such as
exclusion of minors, prohibition of
nudity, business hours, lighting
standards, prohibition of paying
gratuities, and a security plan.
feet to 1,000 feet. In addition, staff
recommends that a new standard be
added requiring that adult oriented
businesses be 100 feet away from the
Civic Center as uses such as the Library
and events in the courtyard included
families and children.
In addition, clarify requirement
prohibiting nudity, and clarify
responsibility of owner or manager to
comply with conditions of issuance.
Inspections — allows for City
inspections to determine compliance
with conditions of issuance.
No changes recommended
Permit Renewal — defines that an adult
oriented business is required to get an
annual business permit.
Modify text to add adult oriented business
performer permits and. require renewal
request to be made at least 30 days prior
to its expiration.
Permits Non-Transferable — does not
allow for an adult business permit to be
transferred.
Add adult oriented business performer
permit as a permit that cannot be
transferred.
Permit Issued for One Location Only -
adult oriented business only valid at
location indicated on permit.
Add adult oriented business performer
permit as use that is only valid at location
indicated on permit.
Permit Revocation — establishes process
allowing the City to revoke an adult
oriented business permit.
Revise revocation section to provide
reasons for revocation, requirement for
written notice to the permittee, noticing
Z:\Cise Files\CODE AMEND 12014\14-0 I Adult Oriented Business\PC 55 2.10.151Staff Report.doc
Code Amendment 14-01
Adult Oriented Businesses
February 10, 2015 Page 5
Existing Code Sections Recommended Changes
oriented business permit. and posting requirements, review by
Planning Director unless appeal requested
to Planning Commission.
Permit Revocation Hearing —
establishes standards for scheduling and
holding the hearing before the Planning
Commission to consider revocation,
Revise revocation hearing to provide that
the hearing begins the process anew,
allows the permittee to present
arguments, specifies the options available
to the Planning Commission, and
provides for notice of the decision of the
Commission.
Violation and Penalty — states the
violators are subject to a $1,000 fine and
incarceration.
No Changes
No Requirements for Adult Oriented
Business Performer Permit Application
currently.
Add Adult Oriented Business
Performer Permit Application. Would
require performers to submit an
application includes legal name, stage
name, driver's license, mailing address,
statement that they do not have a
conviction within a specified timeframe,
information if the performer has ever
been licensed as a prostitute in another
state, and fingerprints.
Staff is requesting that the Commission provide direction on the proposed revisions to the
Adult Oriented Business Code, If further information is necessary for the Commission to
consider, a second study session can be scheduled.
Conclusion
The purpose of the study session is to provide the Planning Commission with information to
allow the Commission to determine what, if any, changes to the Code are warranted. If the
Planning Commission reaches an agreement (either that a code amendment should be drafted
ZAC.ase Files\CODE AMEND12014114-01 Adult Oriented Business1PC SS 2.10.151Staff Report.doe
Code Amendment 14-01
Adult Oriented Businesses
February 101 2015 - Page 6
or that a code amendment is not appropriate) then the next step will be to schedule a public
hearing before the Planning Commission. Subsequent to Planning Commission review, a
public hearing will be scheduled for the City Council to determine if changes to the Code are
appropriate.
III. RECOMMENDATION
Staff recommends that the Planning Commission review the information in the staff report
and attachment and provide appropriate direction to staff regarding standards to be
included in the code amendment.
Jeff,A.nClbrson, AICP
Planning Director
Attachments:
Attachment 1 — Adult Oriented Businesses Code
ZACase FilesICODE AMEND12014114-01 Adult Oriented Business\ PC SS 2.10.151StaffReport.doc
cmuss sr
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Zoning Districts Allowing Adult Oriented Businesses
Alternative 4 - 21 Potential Sites West Covina, CA
AGENDA NO.: 6a.
DATE: June 23, 2015
OFFICIAL MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
SUBCOMMITTEE DESIGN REVIEW BOARD
Tuesday, June 2, 2015
Senior Planner Ron Garcia in the West Covina Planning Department Conference Room
called the regular meeting of the Planning Commission Subcommittee Design Review Board
to order at 4 p.m.
1. ROLL CALL
Present: Valles, Castellanos
Absent: None
City Staff Present: Delostrinos, Garcia, Hernandez
2, APPROVAL OF MINUTES
None
3, OTHER MATTERS OR ORAL COMMUNICATIONS
None
4. REVIEW ITEMS
(A)
APPLICANT:
LOCATION:
PROPOSAL:
Frank Nguyen and Cam Tu Lam
824 E. Michelle Street
SD No. 15-35; Request to remodel an existing 1,595-
square foot house to include a 580-square foot addition
and an 832-square foot second floor. The new single
family residence will have four bedrooms and four
bathrooms to replace the existing four bedrooms and
three bathroom home, The project also includes a two-
car garage to remain. The proposal requires the approval
of an Administrative Use Permit (AUP).
Motion by Castellanos, seconded by Valles that the Subcommittee Review be
forwarded to the Planning Commission.
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Subcommittee Design Review Unofficial Minutes
Page 2— June 2, 2015
(B)
APPLICANT:
LOCATION:
PROPOSAL:
Evonne Morton
1025 Easthills Drive
SD No. 15-39; Request to remove an existing 48-square
foot cantilevered balcony in order to construct a 382-
square foot balcony to the rear of an existing home. The
proposal requires the approval of an Administrative Use
Permit (AUP),
Motion by Castellanos seconded by Valles that the design of the addition is in
accordance with the Subcommittee Design Review Board Guidelines,
ADJOURNMENT
Adjourn at 4:20 p.m.
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