02-02-2010 - Code Amendment #08-01 - Non-Residential Zone Code Updatea .r
City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA.
and City Council ITEM NO. E-1
DATE February 2, 2010
FROM: Ron Garcia, Planning Associate
SUBJECT: CODE AMENDMENT NO.08-01
NON-RESIDENTIAL ZONE CODE UPDATE
RECOMMENDATION:
The Planning Commission recommends that the City Council introduce the following ordinance:
AN ORDINANCE OF THE. CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING CHAPTER 26 . (ZONING) OF THE WEST COVINA
MUNICIPAL CODE RELATING TO DEFINITIONS; PROCEDURE, HEARINGS,
NOTICES, FEES AND CASES; NONRESIDENTIAL ZONES; MASSAGE PARLORS
AND BATHHOUSES; AND ON -SALE ALCOHOL LICENSES SECTIONS ''OF THE
MUNICIPAL CODE (CODE AMENDMENT NO.08-01)
DISCUSSION:
On February 12, 2008, the Planning Commission initiated a code amendment related to maintenance
standards, land uses, zoning designations, and clarifications of terms to the Nonresidential section of
the Zoning Code. This section of the code provides . standards for commercial businesses and
development, including parking standards, land uses and entitlement procedures.
During discussions between staff and the Commission it became apparent that additional items in the
single-family standards should be addressed. The recommended revisions are meant to provide a more
efficient process, clarify requirements,, and modernize the list of uses. Staff was aware of several items
in the nonresidential section of the code that should be discussed or addressed. Those items were
brought to the attention of the Planning Commission during several study sessions. (Attachments 5 —
8)
The purpose for the amendments includes updating terms, codifying existing policies, clarifying
existing code language, ensuring consistency and establishing new thresholds for administrative use
permits. For an itemized inventory of the proposed revisions, staff has prepared a summary of the
proposed code changes, which is also attached. (Attachment 9) The proposed code amendments can
be grouped under the following broad categories.
1. Parking Standards
Allow for more flexibility in parking requirements for office and retail developments, such as
allowing an administrative - parking reduction of up to five percent and reducing parking
requirements for offices over 20,000 square feet from one parking space for every 300 square
feet to one parking space for every 350 square feet.
2. Land Use Matrix
The Land Use Matrix establishes whether business uses are allowed or conditionally permitted.
The current Land Use Matrix was created in 1997, so many of the terms need to be updated or
clarified. The number of listed uses was reduced by eliminating specific types of uses (such as
dressmaking shops) and replacing them with general terms (retail). The code amendment also
takes unclear terms and clarifies them as well as reduces some entitlement processes (Alcohol
Beverage permits at restaurants would be changed from a conditional use. permit to an
administrative use permit.) The majority of the revisions proposed pertain to the Land Use
Matrix.
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards\CC 2-2-10\CC Staff Report.doc
Code Amendment No. 08-01
Non -Residential Standards
February 2; 2010 - Page 2
3. Requested Land Use Matrix
Over the time that the code amendment was being evaluated, staff received two requests for
specific changes to the Land Use Matrix. These included a request by The Marketplace at the
Lakes to allow accessory kennels and a request by Westfield to allow a primary massage use.
4. Maintenance Standards
Standards were prepared for parking lot paving standards to allow staff to enforce
improvements when appropriate.
5. Codify Policy
The proposed amendment includes the codification of policies that have been in place for more
than a decade. These include the standards for accessory massage and the specification of
conditional use permit process to request a 15 percent parking reduction (common facilities)
for commercial shopping centers.
6. Unused Zoning Designation
The Nonresidential section includes standards for an unused zoning designation called the
Planned Administrative Research (PAR) Zone. The PAR zone has been part of the Zoning
Code since 1997; however, there are no designated PAR zones in the City.
The code amendment would revise standards in the Zoning section of the Municipal Code for
Definitions; Procedure, Hearings, Notices, Fees and Cases; Nonresidential Zones; Massage Parlors and
Bathhouses; and On -Sale Alcohol . License sections of the Zoning Code. The proposed code text is
attached to the Ordinance for your review. (Attachment 1)
PLANNING COMMISSION DISCUSSION AND RECOMMENDATION:
The Planning Commission initiated the code amendment on February 12, 2008. A study session to
consider potential changes to the code was held on March 24, 2009, April 28, NO% and August 11,
2009. The Planning Commission held a public hearing on November 24, 2009. The Planning
Commission recommended approval of the code amendment 5-0.
FISCAL IMPACT:
It is not anticipated that any of the proposed amendments will result in any significant fiscal impact
to the City.
Prepared .by: Ron Garcia
lg
Re e d/Approved by: Jeff Anderson, AICP
Acting City Planner
- VLF Lll VNLVI -
Attachments:
Attachment 1 —
Draft Code Amendment Ordinance
Attachment 2 —
Planning Commission Resolution No. 09-5351
Attachment 3 -
Planning Commission Staff Report, November 24, 2009
Attachment 4 —
Planning Commission Minutes, November 24, 2009
Attachment 5 —
Table I, March 24, 2009
Attachment 6 —
Table II and III, April 28, 2009
Attachment 7 —
Table IV, August 11, 2009
Attachment 8 —
Table V, November 24, 2009
Attachment 9 —
Summary of Proposed Code Changes
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards\CC 2-2-10\CC Staff Report.doc
ATTACHMENT 1
O R D INAN C E N O.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATING TO DEFINITIONS;
PROCEDURE, HEARINGS, NOTICES, FEES AND CASES;
NONRESIDENTIAL ZONES; MASSAGE PARLORS AND BATHHOUSES;
AND ON -SALE ALCOHOL LICENSES SECTIONS OF THE MUNICIPAL
CODE (CODE AMENDMENT NO.08-01)
WHEREAS, Code Amendment No. 08-01, is a City -initiated code amendment regarding
maintenance standards, land uses, zoning designations, and clarifications of terms. to the
Nonresidential section of the Zoning Code; and
WHEREAS, the Planning Commission, on the 241h day of March, 2009, 28th day of April,
2009, 11 `h day of August, 2009, and 24`h day of November, 2009 conducted study sessions; ''and
WHEREAS, the Planning Commission, upon giving required notice, did on the''1 lch day
of November, 2009, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission adopted Resolution No. 09-5351 recommending to the City 'Council
approval of Code Amendment No. 08-01; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department; and other interested parties at a duly advertised public
hearing on the 2"d day of February, 2010; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to update,
clarify, and establish standards for single-family residential lots.
2. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not
have the potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the. City of West Covina does resolve as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 08-03 is hereby found to be consistent with the West Covina General Plan and
implementation thereof.
SECTION NO. 2: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the.
CEQA Guidelines, in that the proposed action consists of a code amendment; which does not
have the potential for causing a significant effect on the environment.
SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter
26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." .
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
be published as required by law.
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards= 2-2-10\Ordinance.doc
Ordinance No. , •
Code Amendment No. 08-01
February 2, 2010 Page 2
PASSED AND APPROVED on this 2"d day of February, 2010.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 2"d day of February, 2010. That, thereafter; said
Ordinance Was duly adopted and passed at a regular meeting of the City Council on the 16`" day
of February, 2010.
AYES:
NOES:
ABSENT:
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards= 2-2-10\Ordinance.doc
ARTICLE II. DEFINITIONS
See.26-63. Definitions.
e
e
EXHIBIT A
•
ARTICLE VI. PROCEDURE, HEARINGS, NOTICES, FEES AND CASES
Sec.26-206. Notices.
Notices of public hearing stating the type of application or nature of proposal, general
description of property under consideration, and the time and place at which the public
hearing is to be held shall be given in the following manner:
(a) For a reclassification of property from one zone to another, redesignation of a
property from one general plan land use designation to another or for a variance
(except slight modifications), conditional use permit, or precise plan of design:
(1) At least ten (10) days prior to the date of the hearing, a public notice shall be
published in a newspaper having general circulation in the city; and
(2) A notice of public hearing shall be mailed to the owners and occupants of all
property within a radius of three hundred (300) feet of the exterior boundaries of
the property under consideration, using for this purpose the name and address of
such owners. as shown upon the latest available assessment rolls of the county
assessor. The notices shall be mailed at least ten (10) days prior to the date of the
public hearing.
(3) Both mailing and publication are to be used in all instances unless otherwise
directed by the city council.
(b) . For amendments, supplements or changes to the zoning ordinance that do not
reclassify any property from one zone to another but do impose, change, or remove
any new regulation on the use or development of property and for amendments to the
general plan text:
(1) At least ten (10) days prior to the date of the hearing, a public notice shall be
published in a newspaper having general circulation in the city.
(c) For slight modifications:
(1) A notice of public hearing shall be mailed to the applicant and to the owners
and occupants of all property abutting or affected by the subject property or
separated therefrom only by a street or alley, at the address of such owners as
shown on the last equalized assessment roll. The notices shall be mailed at least
ten (10) days prior to the date of the hearing.
(d) For administrative use. permits:
(1) A notice that describes the proposed project and indicates the length of the
public review period (including the last date that a request for a public hearing
may be given to the planning department) shall be mailed to owners and
occupants of surrounding property as indicated below. The public review period
shall extend for ten (10) days from the date that the initial notice was mailed,
except in the case of large family day care homes which shall have a public
review period of fourteen (14) days. If a request for a hearing is received during
the specified time, a notice shall be mailed a minimum of seven (7) days prior to
the date of the hearing, indicating the date, time, and location of the scheduled
public hearing.
a. Adjacent properties: Notices shall be mailed to the property owners and
occupants of the subject site and to the two (2) properties on both sides of the
subject site in the case of applications for secondary driveways.
b. One -hundred -foot noticing radius: Notices shall be mailed to the property
owners and occupants of the subject site and all properties within a radius of
one hundred (100) feet of the exterior boundaries of the subject site in the case
of applications for the following purposes: large family day care homes,
miniature potbellied pigs, minor parking reductions, sign exception`review;
outdoor uses within the outdoor uses overlay zone, wall and fence height
increases, and canopy structures.
c. Three -hundred -foot noticing radius: Notices shall be mailed to the
property owners and occupants of the subject site and all properties within a
radius of three hundred (300) feet of the exterior boundaries of the subject site
in the case of applications for the following purposes: large expansion and
maximum unit size exception, two-story additions, large accessory.building,
retaining walls, building and roof --mounted wireless telecommunication
antennae facilities, postal service uses, and computer game/internet access
centers as defined in section 26-685.2.
(Code 1960, § 10501.07; Ord. No 1333, § 1; 4-25-77; Ord. No. 1809, § l; 2-27-89; Ord.
No. 1981, § 2, 12-17-96; Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), 4-1-97; Ord. No.
1997, § 2(Exh. A), 647-97; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2047, § 3, 1-18-00;
Ord. No. 2077, § 2, 1-8-02; Ord. No. 2102, § 3, 6-17-03; Ord. No. 2130, § 2, 3-1-05; Ord.
No. 2139, § 3, 7-5-05; Ord. No. 2154, § 3, 9-19-06; Ord No. 2184, § 3(Exh. A), 12-16-
08)
ARTICLE X. NONRESIDENTIAL ZONES
DIVISION I.: GENERALLY
Sec. 26-536. Office -Professional (O-P) zone.
(a) Purpose. The purpose of the office -professional (O-P) zone is to classify and set
standards for those business, office, administrative or professional land uses
which by their nature are of relative low intensity and therefore, when properly
located and designed are compatible with adjacent residential zoning and the
development therein.
(b) Location. Office -professional uses should have access to four -lane or wider
streets as specified on the master plan of streets and highways; on land that is
topographically suited to such uses without major earth movement, resulting in
unsafe or unsightly cut or fill slopes; situated to serve several neighborhoods; and
capable of serving as a buffer separating residential land uses from the more
intense community, regional, service, or highway commercial uses.
(Code 1960, § 10901.01; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-537. Neighborhood -Commercial (N-C) zone.
(a) Purpose. The purpose of the neighborhood -commercial (N-C) zone is to classify
and set standards for those retail and service commercial uses which by their
nature are of moderate intensity; are necessary in order to provide convenient
daily shopping facilities to residential home and apartment dwellers; and are
generally adjacent to or within close proximity to residential zoning or
development and, therefore, require extraordinary physical treatment in order to
guarantee compatibility with and protection to surrounding properties and their
values.
(b) Location. Neighborhood -commercial centers should serve several neighborhoods
and be located with primary access to a four -lane or wider street, preferably at the
2
intersection of a major and collector street or two (2) four -lane or, wider streets.
Land so utilized should be topographically suited to such use without major earth
movement, resulting in unsafe or, unsightly cut or fill slopes.
(Code 1960, § 10901.02; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-538. Community -Commercial (C-C) zone.
(a) Purpose. The purpose of the community -commercial (C-C) zone is to classify
and set standards for retail and service commercial uses which by their nature are
of relatively high intensity; are necessary to provide a wide range of shopping
facilities and goods, professional and administrative offices, and entertainment
establishments; and are generally within close proximity to residential zoning or
development and, therefore, require extraordinary physical treatment in order to
guarantee compatibility with and protection of surrounding properties and their
values.
(b) Location. Community -commercial centers should serve one or more
communities and be located with primary access to a four -lane or wider street.
Land so utilized should be topographically suited to such use.
(Code 1960, § 10901.03; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-539. Regional -Commercial (R-C) zone.
(a) Purpose. The purpose of the regional -commercial (R-C) zone is to classify and
set standards for a regional. business center which provides.a complete line of
shop and store types, eating and entertainment facilities, and business and
financial services. The dominant establishments are one or more department
stores flanked by specialty shops.
(b) Location. Regional -commercial business centers shall be in a strategic location
to serve the general regional area of the East San Gabriel Valley and have direct
access on major traffic carriers (i.e., freeways or four -lane or wider streets or
highways). Land should be topographically suited for such use.
(Code 1960, § 10901.04; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-540. Service -Commercial (S-C) zone.
(a) Purpose. The purpose of the service -commercial (S-C)zone is to classify and set
standards for those retail and service commercial, recreational, and business office
land uses which by their nature 'are of a relative high intensity; are unique in that
their success depends upon direct motorist exposure and excellent access; require
special traffic circulation patterns that will not unduly, restrict rapid traffic flow
and extraordinary physical treatments in order to create compatibility with
adjacent zoning and the development thereon.
(b) Location. Service -commercial uses should have access to a four -lane or wider
street or.highway as specified on the master plan of streets and highways, on land
that is the same grade level as the street or highway without major earth.
movement, resulting in unsafe or unsightly cut or fill slopes.
(Code 1960, § 10901.05; Ord. No.1333, § 1, 4-25-77)
Sec. 26-541. C-2 (Medium -Commercial) and C-3 (Heavy --Commercial).
C-2 (Medium Commercial) and C-3 (Heavy Commercial) are antiquated zoning
categories, and no expansion of these categories shall be .permitted by the city.
(Code 1960, § 10901.06; Ord. No. 1333, § 1, 4-25-77)
3
0
0
Sec. 26-542. Manufacturing (M-1) zone.
(a) Purpose. The purpose of the manufacturing zone is to classify and set standards
for those industrial and incidental commercial facilities which are of moderate to
heavy intensity and have no objectionable or obnoxious effect on any adjacent
property. The developmental and operational standards are intended to provide
compatibility with and protection to surrounding properties by minimizing traffic
congestion, noise, glare, vibration, emission of odorous, toxic or noxious matter,
and to provide adequate off-street parking, landscape buffering, and the proper
placement of buildings.
(b) Location. Manufacturing uses should have primary access to a four -lane or wider
street or highway as. specified on the master plan of streets and highways. Land so
utilized should be topographically suited to such use without major earth
movement, resulting in unsafe or unsightly cut or fill slope.
(Code 1960, § 10901.07; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-543. Planned -Industrial (I-P) zone.
(a) Purpose. The purpose of the planned industrial zone is to classify and set
standards for those industrial and incidental commercial facilities which are of
light to moderate intensity and have no objectionable or obnoxious effect on any
adjacent property. The developmental and operational standards are intended to
provide compatibility with and protection to surrounding properties by
minimizing traffic congestion, noise, glare, vibration, emission of odorous, toxic
or noxious matter, and to provide adequate off-street parking, landscape
buffering, and the proper placement of buildings.
(b) Location. Planned industrial uses should have primary access to a four -lane or
wider street or highway as specified on the. master plan of streets and highways.
Land so utilized should be topographically suited to such use without major earth
movement, resulting in unsafe or unsightly cut or fill slope.
(Code 1960, § 10901.08; Ord. No. 1333, § 1, 4-25-77)
9 ee. 26 5 4 4 .. Planned —Administr-ativezRe sear -eh (PAR) zone.
EIT
N
Sec. 26-545. Open space (O-S) zone.
(a) Purpose. The purpose of the open space zone is to identify and set forth
permitted uses, and standards of development within open space lands.
(b) Location. Open space zoned land may be located anywhere in ther city provided
it is consistent with the city's adopted policies and plans.
(Code 1960, § 10901.10; Ord. No. 1333, § 1, 4-25-77)
Sec.26-546. Definitions.
As applied to open space zones only:
Environmental quality element is the adopted element of the city combining the city's
open space, conservation, scenic highways and recreation elements.
Open space land is any parcel or area of land or water which is primarily
unimproved and devoted to an open space use as defined in section 26-597, and
which is designated in the city's enviromnental quality element and general plan as
any of the following:
(a) Open space for the preservation of natural resources including, but not limited to,
areas required for the preservation of plant and animal life, including habitat for
fish and wildlife species; areas required for ecologic and other specific. study
purposes; rivers, streams, bays and estuaries; and coastal beaches, lakeshores
banks of rivers and streams, and watershed lands.
(b) Open space used for the managed production of resources, including, but not'
limited to, forest lands, rangeland, agricultural lands and areas of economic
importance for the production of food or fiber; areas required for recharge of
ground water basins; bays, estuaries, marshes, rivers and streams which are.
important for the management of commercial fisheries; and areas containing
major mineral deposits, including those in short supply.
(c) Open space for outdoor recreation, including but not limited to, areas of
outstanding scenic, historic and cultural value; areas particularly suited for park
and recreation purposes, including access to lakeshores, beaches and rivers and
streams; and areas which serve as links between major recreation and open -space
reservations, including utility easements, banks of rivers and streams, trails, and
scenic corridors.
(d) Open space for public health and safety, including, but not limited to, areas which
require special management or regulation because of hazardous or special
conditions such as earthquake fault zones, unstable soil areas flood plains,
watersheds, areas presenting high fire risks, areas required for the protection of
water quality and water reservoirs and areas required for the protection and
enhancement of air quality.
(Code 1960, § 10902.02; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-547. Specific plan (S-P) zone.
(a) Purpose. The purpose of the specific plan zone is to provide greater specificity
and flexibility in carrying out the general plan of the city than would be possible
in other zoning districts. This zoning district is intended for areas that are subject
to specific plan adopted under article 8 of chapter 3 of title 7 of the Govermnent
Code (sections 65450 et seq.): The uses, types of development and development.
standards in an area zoned specific plan are those permitted by the specific plan
adopted for that area. Each separate specific plan district and its accompanying
specific plan shall be sequentially numbered. If land is placed in the specific `plan
district before a specific plan is adopted for that land, the standards of the
immediately preceding zone shall continue to apply until a specific plan is
adopted.
(b) Location. Specific plan zoned land may be located anywhere in the city provided
uses within the specific plan are consistent with the general plan of the city:
(c) Criteria. The uses and types of development proposed in this zone shall maintain
and enhance the character of the surrounding vicinity. During the preparation,
review and approval processes for a specific plan, consideration shall be given to
elements including but not limited to: Orientation of buildings and uses, building
bulk and scale, building height and setback, parking, traffic generation, noise and
landscaping. At a minimum, these.elements shall be specifically addressed in the
specific plan in such a manner as to integrate the proposed uses and buildings
with surrounding development.
(Ord. No. 1710, § 1, 1-27-86)
Sees.26-548--26-555. Reserved.
DIVISION 2. CRITERIA FOR CLASSIFICATION
Sec.26-556. Established.
The general criteria set out in this division are hereby established for use in the
classification -or reclassification of land to the proper zone:
(Code 1960, § 10903; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-557. General plan.
Consistency with the general plan or specific plans shall be established.
(Code 1960, § 10903.01; Ord. No. 1333, § 1, 4-25-77)
Sec.26-558. Need:
A demonstrated public need shall be established within the area.
(Code 1960, § 10903.02; Ord. No. 1333, § 1, 4-25.-77) .
Sec.26-559. Utilities.
The existing utilities systems (water, sewer, drainage, electrical, gas and communications
facilities) are adequate or new systems shall be constructed to adequately serve the land
use.
(Code 1960, § 10903.03; Ord. No. 1333, § 1, 4-25-77)
Sees.26-560--26-565. Reserved.
DIVISION 3. DEVELOPMENT STANDARDS
Sec. 26-566. Development standards.
The following development standards shall apply to all nonresidential zones.
(Code 1960, § 10904; Ord. No. 1333, § 1, 4-25-77) .
Sec. 26-567. Precise plan of design.
6
A precise plan of design will be required as specified in article VI, division 2 of this
chapter, with particular attention given to compatibility with adjacent residential and
commercial zoning and uses, and must be approved prior to development. In addition, all
municipal parks and recreational areas shall be developed in a manner consistent with the
adopted specific plans of.design for parks contained in the city's adopted environmental
quality element. Such precise plans of design shall conform to planning commission'
resolution No. 567.
(Code 1960, § 10904.01; Ord. No. 1333, § 1, 4-25-77)
See.26-568. Screening.
All exterior storage areas and service yards, loading docks and ramps, electrical cage
enclosures and storage tanks are.to be screened from view by a fence, wall or mature'
landscaped materials.
(a) , Mechanical equipment and duct work.
(1) All roof top mechanical equipment shall be placed behind a penmanent
parapet wall and be completely restricted from all ground level views;
sil
paft of the building.
(2) No mechanical equipment is to be exposed on the wall surface of a building.
(3) Gutters and downspouts are not to project from the vertical surface of the
buildings.
(4) Vents, louvers, exposed flashing, tanks, stacks, overhead doors, rolling and
"man" service doors are to be treated in a manner consistent with the color
scheme of the building.
(5). All ground mechanical equipment shall be completely screened behind a
permanent structure and all roof top mechanical equipment shall be placed
behind a permanent parapet wall and be completely restricted from all views.
(6) Such screening shall be as high as the highest portion of the equipment or
ducting, and shall be permanently maintained.
(b) Refuse storage.
(1) All outdoor trash, garbage and refuse containers shall be screened on all sides
from public view by a minimum five and one-half (5 1/2) foot high concrete,.
or masonry decorative block wall, and the opening provided with a solid gate
of a dtfabfe wood or- eempa f ,1 ffiater-ial,. exeepting that in PAR Zone, a14
outdoor trash, bHivHbV, and refuse ...,Lllulal..l areas Jllull be within a Agly
enelesed stfuetufe of the saffie genefal,eelef and material finish as the
t i
(2) Such area shall be so located as to be easily accessible for trash pick-up.
(c) Storage. Except in the case of uses listed "Outdoor Displays" in section 26-597, of
this chapter, all storage of wares, merchandise; crates, bottles or similar items
shall be within a completely enclosed building, excepting that:
7
(1) In the I-P Zone, finished products may be stored in side or rear yards when
completely screened by a six (6) foot high minimum solid concrete block or
masonry wall.
1
MUM
1
All leading .,....a ,.,leading areas shall be eempicrely screcire•lc�i effi vie
> ,
Sec. 26-568.5. Recycling collection and loading areas..
In addition to the refuse storage requirements of section 26-568, any new or existing
development project for which a building permit application is submitted on or after
September 1, 1994, for an expansion or expansions that collectively add fifty (50) per
cent or more to the existing floor area of the development project shall provide adequate,
accessible and convenient areas for collecting and loading recyclable materials as set out
herein. -
(1) The required area for recyclable materials shall be determined based on a recycling
area program submitted by the applicant/developer upon submittal of a precise plan or
conditional use permit application which identifies at a minimum, the following
items:
a. Identification of the anticipated number of tenant spaces in the proposed or
expanded development.
b. Anticipated types of the recyclable materials produced by the proposed type of
tenants/development.
b. Spatial needs of the tenants/development per type and number of recyclable
materials generated at the site:
d. Anticipated pick up schedule for the recyclable materials.
e. Area requirements will vary with the occupying activity or business. The
applicant will be required to indicate rationale for area requirement estimates.
f. Any other information the planning director determines to be pertinent based on
the characteristics of the proposed development and/or use(s).
The planning director shall review and approve the recyclable area program as submitted
by the applicant/developer prior to the issuance of building permits.
8
(2) The design and construction of recycling areas shall enhance security of any
recyclable materials placed therein.
(4) Recycling areas shall be designed to be architecturally compatible with nearby
structures and with the existing topography and vegetation.
(5) A sign clearly identifying all recycling collection and loading areas and the materials
accepted therein shall be posted adjacent to all points of direct access to the recycling
areas.
(6) Areas for recycling shall be adequate in capacity, number, and distribution to serve
the development project.
(7) Such area shall be so located as to be easily accessible for recyclable materials pick-
up.
(8) Any and all separate recycling area(s) shall be located so they are at least as
convenient for these persons who deposit, collect and load the recyclable materials
placed therein as the locations(s) where solid waste is collected and loaded.
Whenever feasible, areas for collecting and loading recyclable materials shall be the
same or adjacent to the solid waste collection areas.
Sec.26-569. Color.
Colors, materials and finishes are to be coordinated on all exterior building elevations to
achieve total continuity of design.
(Code 1960, § 10904.03; Ord. No. 1333, § 1, 4-25-77)
Sec.26-570. Lighting:
(a) All lighting of the building, landscaping, parking lot or similar facilities other than
exposed neon shall be so hooded and directed as to reflect away from adjoining "
properties.
(b) All luminaries shall be designed and placed to complement the development.
Luminaries attached to a building shall be concealed, wall -mounted or recessed
fixtures.
(c) Security lighting fixtures are not to be substituted for parking lot or walkway lighting
fixtures and are restricted to lighting loading and storage areas, and similar service
locations.
(d) Exposed tube architectural lighting shall not constitute undue glare or nuisance to
adjoining street and properties.
(e) Neon architectural lighting shall be limited to thirty (30) milliamps, except that a''
planning director's modification may be granted for unusual installations requiring
amperage higher than thirty (30) milliamps in order to achieve brightness comparable
to that which is ordinarily achievable with thirty (30) milliamps.
(f) Exposed neon architectural lighting shall be subject to approval by the planning
commission as a part of the precise plain of design as required by Article VI,
Divisions 1 and 2 of this chapter. A precise plan shall be required where no precise
plan exists, for structures built prior to the precise plan requirement in the Municipal
Code (Article VI, Division 2, section 26-226).
9
(g) Neon architectural lighting shall be approved pursuant to the Municipal Code
requirements for neon signs in Chapter 26, Article VII (signs), and Chapter 7, Article
IX (signs).
(Code 1960, § 10904.04; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1768, § 5, 2-22-88; Ord.
No. 2030, § 4, 4-20-99)
Sec. 26-571. Exterior design. .
(a) No part of a roof, excluding mansards, may project above the parapet.
(b) All exterior walls shall be architecturally treated to provide aesthetic relief:
(Code 1960, § 10904.05; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-572. Landscape criteria.
(a) A minimum of eight (8) percent of the total net area (net area shall be computed by
excluding public streets) of the development shall be landscaped, and permanently
watered with a water efficient automatic irrigation system. Said landscaping and
irrigation shall be installed and permanently maintained in compliance with Article
XIV, Division I and Planning Commission Resolution No. 11-92-4718.
Approximately one-half of such landscaped area shall be generally distributed throughout
the parking lot with the. remainder as planted areas around buildings, peripheral planters
around the site, parkways, street tree wells and other locations as deemed appropriate by
the planning director. The planning director shall also detennine whether the type, size,
and location of the proposed landscaping is. approp given the scale and design of the
development.
(b) No planting area shall be less than twenty-four (24) square feet or less than three (3)
feet in width (inside dimensions) with the exception of raised planter boxes around or
in close proximity to buildings.
(c) Parking lot trees.
(1) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species
satisfactory to the planning director shall be planted for every ten (10) single row
parking stalls or everytwenty (20) double row parking stalls within the parking
lot in all zones e�ieept PAR.
(2) An average'of at least one (1) tree (minimum fifteen (15) gallon) of a species
satisfactory to the planning division shall be planted for every five (5) single row
parking stalls or every to (1 n) double •v yYiuniug stalls withiii the -fk g i 4 ,
PAR Zone.
owne..
rrn�
(d) Landscaping shall consist of combinations of trees, shrubs, and ground covers with
careful consideration given to eventual size and spread, susceptibility to disease and
pests, durability, drought tolerance and adaptability to existing soil and climatic
conditions. A majority of plant material used through a development must be
specimen -size material a combination of twenty-four (24) inch boxed, thirty-six (36)
inch boxed, and fifteen (15) gallon trees and minimum five (5) gallon for shrubs.
(e) Unused space resulting from the design or layout of parking spaces or accessory
structures which is over twenty-four (24) square feet shall be landscaped.
(f) All planted areas shall be surrounded by a concrete curb six (6) inches above final
grade or above asphalt level of the parking lot. However, when such planted areas lie
adjacent to a concrete sidewalk, masonry wall, or a building, a raised concrete curb
need not be provided in the adjacent area.
10
•
(g) A minimum of six (6) feet of either the rear or side yard adjacent to residential
zoning or development shall be landscaped with specimen plant materials and trees
appropriate in size and type to create a solid plant screen, subject to the approval of
the planning director, and as represented on the approved landscaping plan.
(h) Undeveloped areas proposed for future expansion shall be maintained in a weed free
and dust free condition.
(i) All landscaping referred to in this section shall be maintained in a neat orderly fashion
and free of debris.
(j) The landscaping and irrigation plan shall be approved by the planning director in
compliance with the provisions of this division, Planning Commission Resolution No.
11-92-4718 and the provisions of Article XIV, Division 1 Landscape and irrigation
plans or projects with required landscaping consisting of 10,000 square feet or more,
shall be prepared by a licensed landscape architect. The planning director has the
right to disapprove a landscaping plan if the quantity, size, type, placement and use of
plant material do not meet the minimum requirements of this division, Planning
Commission Resolution No. 11-92-4718 and Article XIV, Division 1.
(Code 1960, § 109.04.06; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1912, § 1, 145-93; Ord.
No. 2030, § 4, 4-20-99)
Sec. 26-572.5. Existing/established landscapes.
All landscape areas, whether installed pursuant to this chapter or not, shall be maintained
free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured.
plants shall be replaced as deemed necessary by the planning director. Irrigation systems
and their components shall be maintained in a fully functional manner consistent. with the
originally approved design and the provisions of this division, Article XIV, Division 1,
and Planning Commission Resolution No. 11-92-4718.
Landscapes shall be maintained to ensure water efficiency and minimize water waste
leading to excessive runoff, low head drainage, overspray and other similar conditions
where water flows onto adjacent property, nonirrigated areas, walks, roadways or
structures. A regular maintenance schedule should include, but not be limited, to
checking, adjusting, and repairing irrigation equipment; resetting the automatic
controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning;
and weeding in. all landscaped areas. All tree pruning shall be preformed in compliance
with acceptable standards as set forth by The Western Chapter International Society of
Arborists.
(Ord. No. 1912, § 2, 1-15-93)
Sec. 26-573. Site size:
All sites shall conform to the dimensions set forth in this section. A development or
center may, however, be a combination of many parcels totaling at least the required site
size, but its design must be integrated and unified.
TABLE INSET:
O-P
N-C
R-C
S-C
M
I-P
O B
PAR
_
3-
Minimum
15,000
15,000
30
15,000
1
5 Ae.
Size
sq. ft.
sq. ft.
Ac.
sq. ft.
Ac.
-
Minimum
70'
--
--
--
100'
__
100,
-
Width
Min. Ave.
140'
--
--
--
140'
__
130'
Depth
11
(Code 1960, § 10904.07; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1470, § 3, 2-11-80; Ord.
No. 1663, § 1, 4-8-85; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-574. Building coverage.
Building coverage of any lot, parcel or, center shall not exceed fifty (50) per cent of the
lot, parcel, or site, after all necessary street or alley dedications, except that open space
zoned.parcel building coverage shall not exceed twenty-five (25) per cent. A parking
structure shall not be calculated as building area provided that a minimum of twenty (20)
per cent of the total net area of the development is landscaped.
(Code 1960,'§ 10904.08; Ord. No. 1333, § 1, 4-25-77)
Sec.26-575. Walls.
(a) A thirty-six (36) inch high concrete, masonry, or decorative block wall shall be
provided and maintained on the outside perimeter of all off-street parking areas .
abutting or visible from a public street except at those points of ingress and egress for
either vehicular or pedestrian traffic. The wall shall be set back a minimum of five (5)
feet from the property line and this setback area shall be landscaped. Other materials
may be used if approved,by the planning commission.
In lieu of the thirty-six (36) inch high screen wall, land contouring and landscaping
equivalent to thirty-six (36) inches in height, or a combination of wall and land
contouring, may be provided if approved by the planning commission.
(b) A six (6) foot high concrete, masonry or decorative block wall shall be provided and
maintained on the boundary of any nonresidential zone which abuts or lies across a
public, street or alley from a residential zone except in the front setback area where
said wall shall be thirty-six (36) inches high.
(c) The height of all walls shall be measured from the highest finished grade within the
required adjacent setback.
(d) All walls shall be architecturally compatible with main buildings. Type, texture, and
color shall be approved by the planning commission. Barbed wire shall not be
permitted.
(Code 1960, § 10904.09; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-576. Height limit.
Buildings within the nonresidential zone, when within charted feet of a single-family
zone, shall have a maximum height as follows:
TABLE INSET:
Zone
O-P, N-C,
R-C
S-C--I-
P
C-2, C-3,
M-1
O-S,
P-B-
AM
AM
AM
Single=Family
Within
100'
100'
h
40—
1-79=
-
me��J��'�
Y7V-
Max. Height
25'
35'
45'
--
;2L5' -
49'
400'
Max. Stories
--
--
4
(Code 1960, § 10904.10; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)
12
Sec.26-577. Yards.
No building or above ground structure shall be constructed within:
(a) (See chart in this section for feet) of the front or rear property lines.
(b) (See chart in this section for feet) of each side property line adjacent to residential
zoning or development. The five (5) feet of the front yard nearest the front property
line shall be landscaped and the remaining footage may either be landscaped or
utilized as a portion of a driveway or off-street parking area, e�ieept in PAR Zene.
The six (6) feet of either a rear of side yard adjacent to residential zoning or
development shall be landscaped with specimen -size plantmaterial (a combination of
thirty (30) inch boxed and fifteen (15) gallon trees and minimum five (5) gallons for
shrubs) appropriate in type and size to create a solid plant screen. Such landscaping
shall be to the approval of the planning director as represented on the approved
landscaping plan.
Minimum Setbacks
TABLE INSET:
Adjacent
N-C, 0-
R-C
M-1
I-P
A4R
O-S P-
to
P
C-2
C-3
S-C
.
Residential
_
B
15'
15'
Front
15'
Min:
15'
15'
Min..
25'
30'
20'
20'
Ave.
Ave.
Side
10,
PP*
PP*
15'
10'
PP*
ZS'
4V
-
Rear
15'
.15'
15'
15'
15'
15,
25
30—
--
Minimum Setbacks
TABLE INSET:
Adjacent
to Nonresidential
Front
Side
Rear
N-- C,Average
R-C, S-C -C
15'
--
Average 15'
Minimum 5'
--
Minimum 5'
C-2
PP*
PP*
PP*
C-3
PP*
PP*
PP*
13
•
•
M-1
PP*
PP*
PP*
I-P
25'
S
1 S'
P,4R
4 —
O-S
P-B
--
--
--
PP* No yards required except such as may be incorporated in a precise plan, conditional use permit or
variance.
When the rear of a site zoned O-P, N-C, R-C or S-C abuts a public street, at the discretion
of the planning commission, the minimum rear setback may be reduced to five (5) feet,
providing that such a reduction will result in an improved design of the development.
(Code 1960, § 10904.11; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1365, § 15 12-27-77; Ord.
No. 1470, § 4, 2-11-80; Ord. No. 1484, § 1, 8-I1-80; Ord. No. 1488, § 26, 8-25-80; Ord.
No. 2030, § 4, 4-20-99)
Seca 26-578. Nonconversion.
No single-family residential structure may be converted to a nonresidential use without
approval of a precise plan.
(Code 1960, § 10904.12; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-579. Underground utilities.
All utilities shall be underground in accordance with the Municipal Code and approved
by the city engineer.
(Code 1960, § 10904.13; Ord. No. 1333., § 1, 4-25-77)
Sec.26-580. Nuisances.
No portion of the property shall be used in such a manner as to create a nuisance to
adjacent properties, such as but not limited to vibration, sound, electro-mechanical
disturbance or radiation, air or water pollution, dust, emission of odorous, toxic, or
noxious matter.
(Code 1960, § 10904.14; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-581. Off-street parking --General requirements.
(a) Generally: All parking areas in nonresidential zones shall conform to the
requirements set forth in planning commission Resolution No. 2513 and Article XIV,
Division 2.
(b) Location: Off-street parking facilities shall be located as specified hereinafter, and
shall also comply with Article XIV, Division 2. Where a distance is specified, such
distance shall be the walking distance measured from the nearest point of the parking
facility to the nearest point of the building that such facilities are required to serve:
(1) For hospitals, homes for the aged, orphanages, and other similar uses, not more
than one hundred fifty (150) feet from the building they are required to serve; and
(2) For uses other than those specified above not over three hundred (300) feet from
the building they are required to serve..
(3) Off-street parking facilities at greater distances than specified above may be
permitted subject to the approval of a conditional use permit as set forth in
article VI of this chapter.
14
(c) Mixed occupancies:. In the case of mixed uses, the total requirements for off-street
parking facilities shall be the sum of the requirements for the various uses computed
separately. Off-street parking facilities for one use shall not be considered as
providing required parking facilities for any other use,. except as hereinafter specified
for joint use.
(d) Uses not specified: Where the parking requirements for a use is not specifically
defined herein, the parking requirements for such use shall be determined by the
planning commission in the manner set forth in section 26-165 of this chapter, and
such determination shall be based upon the requirements for the most comparable use
specified herein.
(e) Minor parking reduction: The Planning Director or his/her designee may, upon
application of an administrative use permit by the owner or lessee of any
property, authorize a five (5) percent reduction of the number of spaces required
by Section 26-582, based on quantitative information (e.g., parking survey of the
site, documentation of customer frequency, etc.) conducted and prepared by
staff that documents the need for fewer spaces.
(e) (f) Joint use: The planning commission may, upon application by the owner or lessee
of any property for a conditionaluse permit asset forth in article.VI of this
chapter, authorize the joint use of parking facilities by the following uses or activities
under the conditions specified herein:
(1) Up to fifty (50) per cent of the parking facilities required by this article for a use
considered to be primarily a daytime use may be provided by a use considered to
be primarily a nighttime and/or Sunday use; up to fifty (50) per cent of the
parking facilities required by this article for a use considered to be primarily a
nighttime use may be provided by a use considered to be primarily a daytime use,
provided that such reciprocal parking area shall be subject to conditions as set
forth in subparagraph (4) below.
(2) Up to one hundred (100) per cent of the parking facilities required by this article
for a church or for an auditorium incidental to a public or parochial school may be
supplied by parking facilities of a use considered to be primarily daytime use,'
provided that such reciprocal parking area.shallbe subject to conditions set forth
in subparagraph (4) below.
(3) The following are typical daytime uses: Banks, business and financial offices,
manufacturing uses. The following uses are typical nighttime and/or Sunday uses:
Auditoriums, incidental to a public or parochial school, churches, dance halls'and
theaters.
(4) Conditions required for joint use:
a. The building or use for which application is being made for authority to utilize
the existing off-street parking facilities provided by another building or use,
shall be located. within three hundred (300) feet of such parking facilities.
b. The applicant shall show that there is no substantial conflict in the principal
operating hours for the buildings or uses for which the joint use of off-street
parking facilities is proposed.
c. Parties concerned in the joint use of off-street parking facilities shall evidence
agreement for such joint use by a proper legal instrument approved by the city
attorney as to form and content. Such instrument, when approved as
conforming to the provisions of this chapter, shall be recorded in the office of
the. county recorder and copies thereof filed with the building, planning, and
engineering divisions.
(f) (g) Common facilities: The'planning commission may, upon application by the
owner or lessee of any property for a conditional use permit as set forth in
15
article VI of this chapter, authorize common parking facilities. Common parking
facilities shall include size, shape, and relationship, to business sites to be served,
provided that the total of such off-street parking spaces when used together shall
not be less than the sum of the various uses computed separately. ` Only,
calculated parking required for general retail uses may be reduced by up to the
percentages provided below as approved by the planning commission. Se en
size,
off stfeet par -king spaees when used tegethef shali net be less than the sem ef the
(1) When any such common facility is to occupy a site of five thousand (5,000)
square feet or more, then the parking requirements as specified herein for each of
two (2) or more participating buildings or uses may be reduced not more than
fifteen (15) per cent.
(2) When any such common facility is to occupy a site of seventy-five thousand
(75,000) square feet.or more, then the parking requirements as specified
herein for each of two (2) or more participating buildings or uses may be
reduced not more than twenty (20) per cent.
(g} (h) Required improvement and maintenance of parking areas and used car sales
areas: Every lot or parcel of land used as a public or private parking area and having
a capacity of five (5) or more vehicles, or car sales area, shall be developed and
maintained in accordance with the requirements as established from time to time by
resolution of the planning commission.
(h) (i) Comprehensive planned facilities (parking districts): Areas may be exempted
from the parking requirements as otherwise set up in this article, provided:
(1) Such area shall be accurately defined by the planning commission in the manner
prescribed for conditional uses in article VI of this chapter.
(2) No such district may be established and exempted from the provisions.of section
26-583 unless sixty (60) per cent or more of all record lots comprising such
proposed district are devoted to uses first permitted in a "C" or "M" Zone.
(3) Before such defined district shall be exempt as provided in this section, active
proceedings under any applicable legislative authority shall be instituted to assure
that the exempted area shall be provided with comprehensive parking facilities
which will reasonably serve the entire district.
(i) 0) Multiple story parking: Multiple story parking shall be permitted only within a
structure with drive -up ramps.
W (k) Parking or storage of commercial vehicles restricted: It shall be unlawful to park
any commercial vehicle on property which is zoned for commercial purposes except
in a space which is reserved for that purpose in the parking facility required to be
maintained in connection with such commercial use.
It shall be unlawful to store any commercial vehicle on property which is not zoned for
manufacturing purposes.
The provisions of this section shall not apply to commercial automobiles, pickups, panel
delivery trucks and station wagons.
(Code 1960, § 10904:15; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1913, § 2, 2-16-93; Ord.
No. 2030, § 4, 4-20-99)
16
•
Sec. 26-582. Parking ratios, nonresidential (except n n P
The following off-street parking spaces shall be provided in nonresidential zones exeept
PAR. R. Any employee parking area shall comply with the definitions and standards
outlined in Article XIV, Division 2 of this chapter.
(a) General Business:
(1) Business, general retail and personal service, one parking space for each two
hundred fifty (250) square feet of gross floor area (see definition).
(2) Medical and dental office having less than twenty thousand (20,000) square feet
of gross floor area, one parking space for every one hundred fifty (150) square
feet of gross floor area; medical or dental office having more than twenty
thousand (20,000) square feet of gross floor area, one parking space for every
two hundred (200) square feet of gross floor area.
(3) Business office having less than twenty thousand (20,000) square feet of
gross floor area, one parking space for every three hundred (300) square
feet of gross floor area; business office having more than twenty thousand
(20,000) square feet of gross floor area, one parking space for every three
hundred fifty (350) square feet of gross floor area.
(b) Automobile, boat or trailer sales or rental; retail nurseries, lumber yards, and other
open uses, one parking space for each one thousand (1,000) square feet of gross.
land area devoted to display of such use.
(c) Bowling alleys, five (5) parking spaces for each alley.
(d) Theaters, skating rinks, and other places of public assembly, one parking space for
each two and one-half (2.5) seats and one for every forty (40) square feet of
assembly area not occupied by seats, or as determined by a parking demand, study
approved by the planning commission.
(e) Restaurant (permanent seating,. drive-in, drive -through, or any combination thereof)
and cocktail lounges, one parking pace for every three and one-half (3.5)
pennanent seats, and one for every forty (40) square feet of assembly area not
occupied by permanent seats. Not less than ten (10) such parking spaces shall be
provided.
(1) Outdoor seating (not covered by a permanent canopy), one parking space
for every five (5) fixed seats.
(f) Motels and hotels, one parking space for each unit.
(g) Billiard parlors (main use and accessory use), two (2) parking spaces per billiard
table plus one (1) additional parking space for each employee.
(h) Automobile service stations, one parking space for each two (2) employees with a
minimum of two (2) such spaces plus one parking space for each service bay.
(i) Boarding house, one parking space per unit.
(j) Convalescent homes, one parking space per two (2) beds.
(k) Hospitals and sanitariums, one and one half (1.1/2) parking spaces per bed.
(1) Orphanage and rest home, one parking space per three (3) beds.
17
(m) Clubs, fraternal organizations, etc., one parking space per two (2) beds plus one
parking space per every forty (40) square feet of assembly area.
(n) Schools:
(1) Elementary, one parking space per employee.
(2)Junior high, one parking space per employee plus one (1) parking space per one
hundred (100) students.
(3) High school, one parking space per employee plus one parking space per ten
(10) students.
(4) Colleges, business schools, trade.schools, and similar uses, one parking space
per two (2) employees plus one parking space per two (2) students.
(o) Manufacturing uses, storage, warehouses and laboratories:
(1) (Nonresidential zones except I-P and PAR), one parking space per two (2)
employees or one parking space per five hundred (500) square feet of gross
floor area whichever is greater.
(2) (I-P), one parking space for each one and one -quarter (1 1/4) employees on the
largest shift or one parking space per each five hundred (500) square feet, shall
be provided for any planned industrial use.
-.
Mom
-
(3) Total pafk ng r�,.,uiFeme is of 11 uses shall b e eale;,late for- plan 0
`✓ J 1 V LI.Ll Y" 1116 1 L..q CT1Z �+L111+11CUo
-qLLll Vt; 1V1 bt11V1 {Ll LVL411 LAUI'U llliCy CJ«C
�..,.Y„v,o,-eia shag ,•..,t 1- a Fe1111ee 1 tinder- de - seetiof 6 581 /fl Tot.,l add-
-vV111111 V1v...a usvV V11LL1111VL VV 1VuuV Vu ulluc.>-DC.GL1V112 V
(q) Computer game/intemet access center, one (1) parking space for every five (5)
machines, plus one (1) space for every five (5) seats in the waiting area.
(Code 1960, § 10904.16; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1352, § 1, 8-8-77; Ord.
No. 1570, § 2, 1-10-83; Ord. No. 1913, § 2, 2-16-93; Ord. No. 1933; § l(Amd. 258, Exh.
1), 4-5-94; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2102, § 3, 6-17-03)
go
wpm
OWN
NFEWSM
wt. 011---.. —.-- . ... ........... .... L . . ....... I .... . ........
(1) Offlee(nnn Zone only)
nelud
tnr
chats,
sueh afeas as pedestrian nide
(e
s, rest zv"
s, eley
�un.i.•�o..♦e..�����n♦�.. aii�•.i.: �.wri'ii. �r����aL�wi�i.�i�is��i
WON
e
I 0
.
IA AAA
i
• _ L611I Amrmg. I • . • .�
Sec. 26-584. Maintenance of buildings, afA structures and parking lots.
The purpose of this section is to protect the appearance, character and integrity of
nonresidential zoned properties and promote a safe and decent environment by
establishing minimum standards as they relate to the maintenance of nonresidential
buildings and structures. It shall be unlawful for any person owning, leasing, occupying,
or having charge or possession of any nonresidential property in the city to maintain on
such property any of the following when viewable from the public right-of-way or
abutting propertiesibusinesses:
(1) Buildings or structures which are neglected as a result of abandonment, are partially
destroyed, or have remained in a state of incomplete construction for an unreasonable
period of time as determined by the planning director and building official.
(2) Buildings or structures with peeling, blistering or otherwise deteriorating paint, or
unpainted surfaces, in excess to ten (10) percent of the surface area.
(3) Roofs with loose, unstable or missing tiles, shingles or other material used as roof
composition in excess often (10) percent of the roof area.
19
•
•
(4) Buildings or structures that have broken, damaged or missing windows, doors, attic
vents, and underfloor vents rendering these items unusable for their purpose and
causing an attractive nuisance.
(5) Buildings or structures whose exteriors, porches, steps, stairs, walls, devices, fences,
driveways, or walkways are cracked, broken, defective, deteriorating, in disrepair, or
defaced due to writing, inscription, or figures rendering these items unusable for their
purpose and constituting in the opinion of the planning director and building official a
hazardous condition or an attractive nuisance.
(6) Garage doors that are missing, broken, sag, or buckle to the extent that they cannot be
either opened or closed, rendering the garage unusable for its purpose and causing an
attractive nuisance.
(7) Any structure or building or portion thereof which, as compared to adjacent
properties, is unsightly in appearance and out of character by reason of its condition.
(8) Parking lots or other paved areas with a cracked, broken or otherwise
deteriorating surface, in excess of ten (10) percent of the surface area shall be
considered a nuisance and shall be repaired.
(9) Any sidewalk, hardscape or parking facility, with potholes, broken, raised or
depressed sections, large cracks, mud and/or dust, accumulation of loose material,
faded or illegible pavement striping or other deterioration shall be repaired.
(Ord. No. 1815, § 2, 5-22-89)
Sees.26-585--26-595. Reserved.
ARTICLE XI. NONRESIDENTIAL USES
Sec. 26-596. Article not to be construed to interfere with lawful installation, maintenance
and operation of utilities.
The provisions of this article shall not be construed to limit or interfere with the
installation, maintenance and operation'of public utility pipelines and electric or
telephone transmission lines or railroads when located in accordance with the applicable
rules and regulations of the public utilities commission of the state within rights -of -way,
easements, franchises or ownerships of such public utilities.
(Code 1960,§ 11001; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-597. Service, trade; cultural, public and private uses (except industrial or
manufacturing).
20
No building or improvement or portion thereof shall be erected, constructed, converted,
established, altered or enlarged, nor shall any lot or premises be used except for one (1)
or more of the following purposes. All such uses shall be within an enclosed building
unless specifically stated otherwise.Uses specifically noted as "(Outdoor Display)" are
allowed providing all functions other than display are at all times conducted within an
enclosed building.
Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is allowed by right..
c Indicates stated use is allowed by conditional use permit.
p Indicates stated use is allowed subject to administrative review and approval by the
planning director.
_ LL11U L11V planning Lill VVL o pen:nit
0
a Indicates stated use is allowed by administrative use permit.
b Indicates stated use is allowed by adult oriented business permit.
TABLE INSET:
M
M
M
M
P-
R
R
F
F
F
F
O
N
R
S
C
C
M
I
A
P
O
A
1
8
15
20
45
P
C
C
C
2
3
1
P
R—
B
S
�4ceeuR—
—
—
-
—
—
�
�
—
—
Adult care centers
c
c
c
c
c
c
c
c
c
c
c
c
Adult -oriented
businesses, with or
b
b
b
b
b
without live
—
entertainment
AdveAising
agenefes_
-
K-
K
-X-
x-
Agricultural (see
x
section 26-391)
Agricultural uses
(on parcels of 10
x
—
x
acres or greater)
Aircraft landing
facilities:
Emer enc
g Y
x
x
x
x
x
x
x
x
x
x
x
x
x
x—
x
Nonemergency
c
e
c
c
c
c
c
c—
c
Alcohol off -sale.
x
x
x
x
x
x
=
21
(see art. XII, div.
15)
Alcohol off -sale,
areas of undue
concentration (see
art. XII, div. 15)
a
a
a
a
a
a
_
Alcohol on -sale
(see art. XII, div.
15; for nonprofit
clubs and country
clubs, see separate
headings)
c
c
c
c
c
c
_
Alcoholic treatment
institutions
c
c
c
c
c
c
_
Ambulance service
c
c
c
c
c
c
c
A�sement par-k-s-
—
—
—
—
—
—
e-
E
e
e
E
e
—
—
—
—
Antique and ifnpei4
i ppa
�F
�E
Applianee
stores
Appliance repair
shops
x
x
—
Art galleries
x
x
x
x
x
x
—
Art studio
x
x
x
x
Aft supply s..aps
Assayer -
Assembly, s
26 cnn
seetens
26 60
zv-c�v�
Athletic
club/Gymnasium
(section 26-
685.20)
c
c
c
c
c
c
c
—
At4effiey5—
Auefien houses
Auditoriums-- „drtaliaiis-- .
—
—
—
—
—
—
E
e-
e-
e-
e-
e-
—
—
—
e-
—
22
Automated teller
machines (walk-up)
on the premises of
p
p
p
p
p
p
p
p—
a financial
institution
Autemated tort°..
the
not on premises
ifistittition
Automated teller
machines (walk-up)
not on the premises
a
a
a
a
a
a
a
a
of a financial
institution
Automated teller
machines (drive-
c
c
c
c
c
c
c
c
up)
Auto rentals
rr
5-
&_
5-
Auto rentals
(outdoor display)
c
c
c
c"
c
* n „t,,,.,- ebite
metefeyele, ante of
sales, new a
used, ifleludiRg
aeeessef y
senietfig> fepaifs,
and ineidental autoS
display
S-
S-
Effeas ed
,t be within
buildings, but-afl
other-p sions o
*Automobile,
motorcycle, auto
or truck trailers,
truck sales, new
and used,
including
accessory
servicing, repairs,
and incidental
x
x
x
auto rental (sales
and display areas
need not be within
buildings, but all
other provisions of
this code shall
apply) (outdoor
display)
Motor vehicle
sales, new or used
c
c
c
23
•
•
including any
accessory services
(Outdoor Display)
Less than 1-Acre
Auto service
stations (see section
C
C
C
C
e
e
—
26-661)
everha-ul, paint and
eNeludes, tire
recapping)—
Auto repair.
garage (includes
major overhaul,
paint and body
c
c
x
repair, but
excludes tire
recapping)
_ ^a_ _
Auto repair
garage including
public storage of
a
vehicles
Auto supply stores
c
x
x
x
x_
(w/installation)
*Auto supply stores
(excludes
c
x
x
x
x
x
x
_
installation)
Bail bond service
x
Bakery shops
x
x
x
x
x
x
x
x
Bank, savings and
loan associations,
and similar
financial
x
x
x
x
x
x
x
x
x-
institutions (also
see automated teller
machines)
Barber and beauty
x
x
x
x
x
x
shops
—
Barber and beauty
shops with
accessory
P
p
p
P
p
p
permanent make-up
use
Barber, beauty,
and jewelry shops
with accessory
p
p
p
bodv niercin2 use
24
Bea- ty s p4y
JCereT
X-
KF-
IZ;.,,y a shops
—
Billiard parlor and,
pool halls (see art.
c
c
c
c
c
c
—
XII, div. 9)
*Beat
—
—
—
s-
s-
—
—
sales, F
i
fel.,to.l
set=�,ieiffg
*Boat sales, new
or used, including
related servicing
x
x
and repairs (out-
door display)
*Boat sales, new
or used, including
related servicing
and repairs (out-
c
c
door display) and
(adjacent to
residential)
Beef
—
-
—
—
—
—
—
—--
—
—
—
Beek stefes
—
—
—
—
—
—
-
-
—
—
—
Bookkeepers
Beim- pits
E
E
E
C---
e-
C-
C-
C-
E
E.
C-
E
C-
E
Bowling alley
C
C
C
*Building mater-ial
sales (exel„des
1,,,Y,bo,-..,,,-aw)
—
—
—
—
—
—
—
—
S-
-
—
—
S--
—
—
—
—
*Building
material sales
(excludes
x
x
x
lumberyards)
(outdoor display)
*Building
material sales
(excludes
lumberyards)
(outdoor display)
c
c
c
CUP when
adjacent to
residential
*Building
material sales
c
c
c
25
(excludes
lumberyards)
(outdoor display) .
when adjacent to
residentially
zoned or
developed
property
*Building
—
—
—
—
—
—
—
—
—
-
—
—
s—
—
—
—
—
material
sales (eutdoef
displ
*Building
material sales
(outdoor display)
c
x
B ,i taxi
X--
X-
�
and
Statiefis
Business
equipment sales
x
x
x
x
X.
x
x—
(includes repairs)
Cabinet shops
x
x
x
Gandy shops—
K--
-
—
—
—
—
—
—
—
—
s—
—
—
—
—
26-663.5r-
oevrivii
Car wash (for
accessory use see
c
c
c
c
section 26-663.5)
Catering service
x
x
x
x
x
x
—
Cemeteries,
columbariums;
x
crematories and
mausoleums
chafity
—
—
—
—
—
—
K--
-X-
x-
—
—
—
—
—
Chemist
x
x
il(---
Churches
aEre-s-i-te)
c
c
c
c
c
c
c
c
c
c
c
c
—
Circuses,
e-
e-
e-
e-
E
e-
e-
e-
e-
earnivals
Clothing and
Eest-unre-rental—
—
-
-
—
—
—
—
-
K-
-
-
-
K
-
—
—
—
—
—
Club, private non-
c
c
c
c
c
c
c
c
e-
26
profit (serving of
-.
alcohol allowed
only with a club as
defined by Section
23428.9 of the
California Business
and Professions
Code; see art. XII,
div. 15).
Cocktail lounge:
Serving of alcohol
permitted only in
conjunction with a
bona fide eating
place as defined in
c
c
c
c
c
c
section 23038 of
_
the California
Business and
Professions Code
(see art. XII, div.
15)
Collection
x
x
x
x
x
x
agencies
-
Commercial radio
or television
c
c
c
c
c
c
c
c—
stations
Gem al
..,,cavn 26 58-1
rs
s-
s-.
s-
s-
S-
s-
s-
(see se�;
Computer
game/internet
access centers,
accessory, up to
x
x
x
x
x
x
—
nine (9) computers
(see art. XII, div.
9)
Computer
game/internet
access centers,
accessory, ten (10)
c
a
a
a
a
a
—
or more computers
(see art. XII, div.
9)
Computer
game/internet
access centers,
c
a
a
a
a
a
—
main use (see art.
XII, div. 9)
Contracting
x
x
x
x
x.
x
x
x-
services
-
j
27
0
Counseling
x
x
x
x
x
x
x
X_
services
-
Convention hall,
trade show, exhibit
c
c
c
c
c
c
c
building
Conversions from
apartments. to
c
c
c
c
-
condominiums
Country clubs
(serving of alcohol
allowed only with a
club as defined in
Section 23428.9 of
x-
the California
-
Business and
Professions.Code;
see art. XII, div.
15)
Gedit
—
—
—
—
-
—----
—
—
ser-viees—
Dance halls (public
c
c
c
or private)
—
Daneing,
aA, musie
Dancing in
conjunction with a
c
c
c
c
c
c
c
E
commercial use
-
Data processing
x
x
x
x
x-
Day care centers
c
c
c
c
c
c
c
c
c
c
c
c
--
Delicatessens
x
x
x
x
x
x—
Department stores
x
x
x
Dia-Pef Supply--
Dr-apeny and
deEer-ating
—
—
—
—
-
—
�
-
-
-
-
-
K__
-
—
—
—
—
sham-
Df:essmakifig
-
-
x-
Drive-in, drive -
through, walk-up
commercial uses
c
c
c
c
c
c
—
(also see automated
teller machines)
Dittgstefes
—
—
-
—
—
—
—
x-
-
—
—
—
—
Dry cleaning or
x
x
x
x
x
laundry, retail only,
_
MOV
s � •
(non-flammable
and nonexplosive
cleaning fluid to be
used exclusively)
X
X
x-
Electronic and.TV
x
x
x
x
x
repair shops .
_
Emplea ent
ngeneies--
—
—
—
—
—
—
-
K--
-
K--
-
x-
-
K--
-
x-
-
x-
-
K-
-
x-
-
—
—
draftsffien
—
—
—
—
—
—
-
-
-
-
-
-
-
-
-
—
—
Entertainment
(live) in
conjunction with a .
commercial use
(excludes karaoke
c
c
c
c
c
c
c
B-
and solo musicians,
excludes adult -
oriented
businesses)
Entertainment
(live) solo
musicians as
background music
and Karaoke in
p
p
p
p
p
p
p
p-
conjunction with a
-
commercial use
(excludes adult -
oriented
businesses)
Ese-re=w
—
—
—
—
—
—
—
—
seMees
Exterminators
x
x
—
Feed and grain
x
x
x
stores
_
Floor -egg
x-
Florist shops
x
x
x
x
x
x
—
Fortune-telling (see
x
x
section 15-11)
_
Fufnittffe-stem
-
—
—
—
—
—
—
X-
Game arcades (see
c
c
c
c
c
c
art. XII, div. 9)
_
Geologist
29
Glass shops
(excludes edging,
x
x
x
x
x
x
beveling, silvering
_
and staining)
Glassworks and
glass studios,
x
x
x
includes edging,
_
etc.
Golf course,
x
x
c
outdoor miniature
_
Golf courses or
golf driving ranges
c
c
c
c
c
c
c
c
c
c
c
c
c
c
—
x
x
Grocery stores
x
x
x
x
x
x
—
Gun shops
x
x
x
x
x
H,,
—
—
-
-
—
—
—
-
x
—
—
—
ester —
e
Hobby stores --
Hospitals (animal)
e-
E
e-
E
E
K-
E
Hospitals (human)
c
c
c
c
c
c
c
c
c
c
c
C
—
Hotels (excluding
adult
c
c
c
c
.hotels/motels)
Ice Cream Stores
x
x
x
x
x
x
—
Indoor recreation
facilities
x
x
Institutions of
philanthropic
c
c
c
c
C
c
c
c
c
c
c
c
c
nature
r. o
sur-a e se
Investigatien
e-es
—
—
—
—
—
—
-
x-
-
K---
-
K
-
-
it-
-
_
—
—
—
—
Investment
X-
K--
x-
x-
x-
x-
Jewelry stores
x
x
x
x
x
x
Jewelry stores with
accessory body
p
p
p
—
piercing use
junief depaAmen.
st4es
-
-
-
30
Kennel, Accessory
c
Laboratories
(medical and
x
x
x
x
x
x
x
x
dental)
Landscaping
service (office
x
x
x
x
-
only)Lapidafy
shops
Liquor stores (off -
sale) (see art. XII,
x
x
x
x
x
x
—
div. 15)
Liquor stores (off -
sale), areas of
undue
a
a
a
a
a
a
—.
concentration (see
art..XII, div. 15)
Locksmith shops
x
x
x
x
x
M air-ing and
soo
Massage
parloribathhouse
c
(see article XII,
_
division 12)
Massage
parlor/bathhouse
(see article XII,
division 12) -
c
Centers greater
than 500,000 sq.
ft. in GFA
Massage,
Accessory
(see article XII,
p
p
p
p
p
p
division 12)
Meat markets
x
x
x
x
x
x
Medieal aii dental
elinies
5-
S_
rJ
.S-
cJ-
5-.
Medical and
dental clinics
x
x
x
x
x
x
x
Medical (Minor
non -surgical
x
x
x
x
x
x
x
procedures)
Mental institutions
c
c
c
c
c
c
and sanitariums
c
c
—
E
-
e-
-
e-
-
e
e—
e-
-
e-
-
e-
-
e-
-
e-
-
e-
-
E
-
C
e-
e-
, ry o
of„_
31
inoluding buildings
and related
*Mebile 1..,,Y,o
ales :, „4(out door- nln
5�-
—
—
—
—
—
Mobile services
(see article XII,
x
x
x
x
x
x
x
x
x
x
x
x
x
xK--
x
x
division 13)
_.
tembste-
—
—
-
—
—
—
—
-
—
—
—
—
—
—
Monument,
tombstone, and
funeral
x
x
x
merchandise
1,aeA n no
e
Mortuaries
c
x
x
c
x
Motels (excluding
adult
c
c
c
c
—
hotels/motels)
Musie stem—
Movie/video game
rental
x
x
x
x
x
x
Newspaper and
x
x
x
x
K-
printing shops
-
Newsstands (not on
public right -of-
x
x
x
x
x
x
x
x
way)
-
Office (General)
x
x
x
x
x
x
x
Orphanages
c
c
c
c
c
c
Outdoor
recreation facility
c
c
c
c
c
c
c
*Outdoor
amusement
devices, vending
machines,
weighting scales
x
x
x
x
x
x
and similar as an
_
incidental, auxiliary
or accessory use of
thoseallowedin
the zone
Outdoor seating
area in conjunction
p
p
p
p
p
p
with'a corrunercial
use
Pain stares
32
Parcel delivery
x
x .
x
x
x-
terminals
-
Parks, public
—
x
*Pawnshops
x
x
x
x
x
—
Pet grooming shop
x
x
x
Pet shops (sale of
wild and potentially
dangerous animals
x
x
x
x
x
x
as defined in
_
section 6-1,
prohibited)
Physical
rehabilitation
x
x
x
x
x
x
center
Photo engraving
and blue print shop
x
x
x
x
x
x
Photo studios
x
x
x
x
x
x
—
Picture framing
x
x
x
stores
_
*Plant nufs
and felated
-
-
-
-
-
-
5 6 ; -e (autdoeF
dis —
*Plant nurseries
and related
packaged sales or
x
x
x
x
x
x
x
storage (outdoor
display)
Plant shop
x
x
x
—
Plumbing shops
x
x
x
x
x
—
Postal services
a_
x
x
x
x
x
Pette es —
—
-
—
—
—
—
—
x-
—
—
—
—
Pf e f . a
business .1 tradeS-
-
-
-
-
-
-
-
-
SEh6vla-
Professional,
business and trade
c
c
c
c
c
c
c
c
e
schools
Public
x
x
x
x
x
x
x
x
x
administration
-
33
•
buildings and civic
centers
Public utility.
stations, yards,
c
c
c
c
c
c
C.
c
c
c
c
e-
c
c
wells and similar
c
c
c
-
facilities
Public storage
facility
c
c
c
Real estate
K--
FC'
ii
X-
-Xr
K--
31-
Reeefd ster-e—
—
—
—
—
—
—
—
—
—
—
—
—
—
—
Recording studio
a
a,
a
a
a
a
a
a
Recreational
centers (private)
(except uses listed
c
c
c
c
c
c
c
c
c
c
c
c
—
c
individually in sec.
26-597)
Recycling
redemption and
processing centers
c
c
c
c
c
c
c
c
e.
(see article XII,
-
division 14, section
26-685.90 et seq.)
*Re
—
-
—
—
—
—
x-
-K-
—
—
—
—
—
Religious facility
(,rin 1 1 2. ere
c
c
c
c
c
c
c
c
c
c
c
c
—
Religious supply
and reading rooms
x
x
x
—
Rental service as
listed in this section
as retail providing
all storage of rental
equipment shall be
x
x
x
—
within an enclosed
building unless
specifically stated
otherwise.
Reprographics
x
x
x
x
X.
x
x
x
D estxc�t haffi .-s
e
e
E
e— .
e—
e—
—
—
—
—
—
—
—
—
—
—
—
D est.,,,,-af is ,its;-
aleehel s ;ee (sea
a" VTT d0,.-1-5 �"�"'
—
—
—
—
—
—
—
e
-
e-
-
e-
-
e-
-
E
-
e-
- ,
—
—
—
—
Restaurants
S
-
-
$
-
S
-
S
-
(loss
f et) with tl, no
,.1eehel .
daneing,
o vft
6�ktE10vr�cc^c�i�l�
34
D est nts (morn
2589
than sqaar'e
f et) with r.
aleohol e,
_
-
-
-
-
-
.
eutdeer- seating
Restaurant
x
x
x
x
x
x
Restaurant with
Alcohol (see art.
a
a
a
a
a
a
XII, div. 15)
Restaurant with
dancing
c
c
c
c
c
c
Restaurant with
live entertainment
c
c
c
c
c
c
Restaurant with
outdoor seating
a
a
a
a
a
a
Retail (General)
x
x
x
x
x
x
.,a'n ent nlo�nor�homes
ha eS—
E
-
e-
-
E
-
E—
e—
e—
E
-
E
-
e-
-
E-
-
E
-
C-
-
—
—
—
—
—
Riding stables and
riding schools (7
c
c
x
acres minimum
_
site)
Roominghouse
c
c
c
c
c
c
—
7 F;11s
canna..
e-
C—
a.,
n o it an
eei:fider-S—
�
Schools and
colleges (private or
c
c
c
c
c
c
c
c
c
c
c
c
e-
c
c
public)
-
Schools (dancing,
martial arts,
music, art and
a
a
a
a
a
a
a
similar type
schools)
*Secondhand
x
x
x
stores
_
Security guard
x
x
x
x
service
_
Shoeshine stands
(as integral part of
x
x
x
x
x
x
x
x
x
other building)
Senior. citizen
(
housina (see sec.
c
e
c
—
35
26-679)
Sigga shop
Skating r4flk-s
Skilled nursing
facilities, and
assisted living
facilities
c
c
c
c
e
c-
c
c
c
c
c
C
Spe#fifig gee&
stefes
S taft efift e f r
.,lo
n,1 sefviee
,� of . N ,
P"i''vaivi�ry .
fief S l es to of
.iaet..
..1, t d-
on_ the o 0
on
Staff ff ee fnr
„!1
x-
X_-
X_
X_-
X
sales
p efso-nnel . Star -age
equipment allowed.
NO sales te ef
publi , nor -o
en
Stamp afid
ir-
_X_
K
—
—
—
—
—
—
—
—
—
—
—
storesStationafy —
S tit„ o shop
vaaaWe shop
—
—
—
—
—
—.
—
—
—
—
—
—
—
—
Steek-br-okefs
—
—
—
—
—
—
—
—
—
Sterage
�,.,,t7
C_
-
e-
e-
-
—
i1723Ti"VPAiC1•'1VLITGT
Studio -art, dance,
martial arts,
music, etc.
a
a
a
a
a
a
a
Supermarkets
x
x
x
x
x
—
Surveying services
x
x
x
x
x
x
X.
*c,.,;.,,,,,;fi,.
—
—
—
—
—
—
—
S-
—
—
—
—
—
—
—
PE)E)I—
36
to and sen,ie-
-
*Swimming pool
sales and service
(outdoor display)
c
c
Swimming pool
sales and service
x
x
_
(indoor display)
Swim schools
x
x
x
x
—
Systems, private
closed circuit
motion picture
transmission
c
c
c
c
systems not
_
licensed by the
FCC, in any hotel
or motel
Tailor shops
x
x
x
x
x
_
Tanning salon
x
x
x
x
x
x
Taxidermist
x
x
x
—
afiswe
Telephone and
business
-
-
-
-
-
-
fflailing
of pFedttets, fie
.low t., ., „t.,>.F
the
with publie o
the pfeffitses
Theaters, -open. air
c
c
c
c
c
c
c
—
x
c
Theaters (not open
c
c
c
air)
_
g
eenter—
—
—
—
—
—
—
—
E.
-
e-
-
E
-
E.
-
E
-
—
—
—
—
—
ster
—
-
—
—
-
—
-
x-
—
—
-
—
—
�
K--
K--
Trailers,
(temporary only) in
conjunction with a
school, hospital,
church or other
p
p
p
p
p
p
—
similar institutional
use (not permitted
with commercial
uses)
37
aies
;
—
—
—
—
—
—
—
—
—
S--
—
—
—
—
of
mile
Truck rental
accessory, not in
conjunction with
automobile
c
c
x
dealership
(outdoor display)
Tutoring facility
c
c
c
c
c
c
Unattended
businesses (also see
p
p
p,
p
p
P
p
p
p--
automated teller
-
machines)
Upholstering shops
x
x
x
x
Urgent care
facility
x
x
x
x
x
x
x
Unions and
asse ift ienJ
eff ees -
-
—
—
—
—
—
-
-
-
-
—
—
—
—
—
—
Veterinary
Hospital
c
c
c
c
x
c
Wall all vE)NtifiA9
stefe
K--
,-rzivrl.,rcne,vr
senIf e btisifiess as
listed in this
�F
�r
seetieft
,r uaE 1Sii 6f
eemfn,.taros ,1.1
.,t fetail a tL,o
pig
Wig shop—
Wildlife and
botanical preserves
—
X
Wireless
telecommunication
facilities (WTF)--
Building and/or
a
a
a
a
a.
a
a
a
a
a
a
E
a
a
a-
a
roofinounted
facilities (see art.
XII, div. 16)
Monopoles and
alternative antenna
c
c
c
c
c
c
c
c
c
c
E
c
c
support structures
(see art. XII, div.
16)
(Code 1960, § 11001; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1392, § 2, 8-14-78; Ord. No.
1418, § 2, 12-26-78; Ord. No. 1458, § 2, 12-10-79; Ord. No. 1470, §§ 5, 6, 2-11-80; Ord.
No. 1488, § 25, 8-25-80; Ord. No. 1553, § 5, 7-12-82; Ord. No. 1557, §§ 3, 4, 9-27-82;
Ord. No. 1561, § 1, 10-25-82; Ord. No. 1631, § 2, 4-23-84; Ord. No. 1663, § 2, 4-8-85;
Ord. No. 1695, § 3, 10-28-85; Ord. No. 1708, § 1, 1-13-86; Ord. No. 1717, § 2, 4-28-86;
Ord. No. 1759, 11-23-87; Ord. No. 1769, § 1, 2-22-88; Ord. No. 1777, § 2, 4-11-88; Ord.
No. 1779, §§ 3, 4, 5-23-88; Ord. No. 1858, § 2, 9-24-90; Ord. No. 1910, § 2, 10-13-92;
Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 1957, § 2, 5-16-95; Ord. No.
1974, § § 2, 3, 6-4-96; Ord. No. 1991, § § 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 1993,
§ 2, 5-6-97; Ord. No. 2025, § 2, 12-1-98; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2031, §
3, 4-20-99; Ord. No. 2060, § 3, 10-3-00; Ord. No. 2080, § 3, 3-5-02; 2084, § 2(Exh. A),
7-16-02; Ord. No. 2102, § 3, 6-17-03; Ord. No. 2103, § 3, 7-1-03; Ord. No. 2121, § 2, 10-
19-04; Ord. No. 2139, § 3, 7-5-05; Ord. No. 2156, § 3(Exh. A), 11-21-06)
Sec. 26-598. Multi -tenant uses.
(a) Uses located within the same building shall be separated from each other by
complete floor -to -ceiling walls (or by a combination of a solid; lockable access door
on a floor -to -ceiling wall in lieu of complete separation at the discretion of the
planning director), with the following exceptions:
(1) Accessory uses that are related and incidental to a primary use; or
(2) Theme shopping uses as defined in section 26-63 are permitted subject to
approval of a conditional use permit in the NC, RC, S-C, C2 and C3 zones
only, and further subject to standards and requirements contained in division
21, article XII of this chapter; or
(3) Uses in carts and kiosks located in the common interior corridors of regional
shopping centers, not abutting other tenant spaces; or
(4) Accessory office uses that are not related to a primary office use; or
(5) Accessory uses that are not related to a primary retail use, with a minimum
total floor area of fifteen thousand (15,000) square feet, provided that the area
devoted to the unrelated accessory use(s) does not exceed twenty-five (25)
percent of the gross floor area of the enclosed tenant space and the number. of
unrelated accessory uses are limited as follows:
TABLE INSET`.
Gross Floor Area of Enclosed Tenant Space (including
area devoted to accessory use(s))
Maximum Number of Unrelated
Accessory Uses
15, 000--19, 999 square feet
I
20, 000--24, 999 square feet
2
25, 000--29, 999 square feet
3
30, 000 square feet and over
4
39
(6) Multi -tenant uses operated in conjunction with a service station as provided
pursuant to article XII, division 4 of this chapter (section 26-671 et seq.).
(b) Accessory uses, authorized by this section, shall be permitted only if the subject use
is allowed in the zone in which they are located. Accessory uses that are allowed
subject to a conditional use pen -nit or other discretionary approval as independent
uses shall be subject to the same approval requirements as accessory uses.
(c) Accessory uses shall be provided with the, same number of parking spaces required.
for the same use as independent uses, pursuant to section 26-581(c).
(d) Signage for accessory uses shall be allowed to the same extent as allowed by this
chapter, except that:
(1) The combined area of signage for the primary use and the accessory use(s)
shall not exceed the maximum sign area allowed by code for the enclosed
tenant space; and
(2) The sign area devoted to all accessory uses associated with a primary use. shall
not exceed fifty (50) percent of the total sign area provided for an enclosed
tenant space; and
(3) The signs for accessory uses shall be placed only on the front wall of the
enclosed tenant space.
(e) Indoor multi -tenant retail centers (indoor swap meets), as defined in section 26-63
shall not be permitted in any zone.
(Ord. No. 1976, § 2, 8-20-96; Ord. No. 2028, § 3, 2-16-99; Ord. No. 2030, § 4, 4-20-99;
Ord. No. 2031, § 3, 4-20-99; Ord. No. 2086, § 1; 7=16-02)
Editor's note: Ord. No. 1976, § 2, adopted Aug. 20, 1996, deleted former § 26-598 of
the Code, which pertained to accessory uses and derived from the 1960 Code, §§ 11002;
Ord. No. 1333, § 1, adopted April 25, 1977; and Ord. No. 1858, § 2, adopted Sept. 24,
1990. Section 2 of Ord. No. 1976 enacted new provisions as § 26-598 to read as herein
set out.
Cross references: Indoor multi -tenant retail center or swap meet, § 26-63.
Sec. 26-598.5. Incidental retail uses allowed in non -retail uses.
The following retail uses are permitted in the following zones, provided the use is
designed as an integral and incidental part of the building, no exterior advertising for the
retail use is provided, and the total combined square footage of such uses does not exceed
fifteen (15) percent of the gross floor area of the building:
TABLE INSET:
P
O
N
R
S
C
C
M
I
A—
P
O
Incidental Retail Use
P
C
C
C
2
3
1
P
R—
B
S
Coffee/snack shop
x
x
K__
x
Pharmacies, including the
sale of related patent
medicines and notions
x
x
x
K__
x
Barber and beauty shops
x
x-
(Ord. No. 1976, § 2, 8-20-96; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-599. Industrial and manufacturing type uses--(M-1 zone only).
40
The uses listed below are allowed in the M4 zone only provided they are not obnoxious
or offensive by reason of emission of odor,.dust, smoke, gas, noise or hazard, or other
similar causes.
Agricultural, industrial, and construction equipment sales and rental.
Aircraft factories.
Assembly.
Automobile assembly, body and fender works, dismantling and used parts storage when
operated or maintained wholly within a building.
Automobile painting. All painting, sanding and baking shall be conducted wholly within
a building.
Bakeries, industrial or wholesale.
Battery rebuilding.
Blacksmith shops.
Body and fender works, including painting.
Bottling plants.
Breweries and distilleries.
Building material storage yard.
Carpet cleaning plants.
Cleaning and dyeing plants.
Contractor's storage yards.
Creameries.
Dairy products manufacture.
Disposal company.
Draying, freighting or trucking yards or terminals.
Dry cleaning, wholesale.
Dwelling (one) for caretaker or superintendent and his family on a factory site.
Fabricating from steel or metals.
Feed and fuel yards.
Fence manufacture.
Food products manufacture.
Frozen food locker.
Fruit and vegetable canning, preserving and freezing.
Fruit packing houses.
Furniture manufacturing.
Garages, public.
Garment manufacture.
Gas (petrol) distributor.
Ice and cold storage plants.
Kennels.
Laboratories, experimental, motion, pictures, testing.
Landscaping service.
Laundries.
Lumberyards.
Machine shops.
Manufacturing:
Manufacture of prefabricated buildings.
Paint mixing, provided a boiling process is not employed.
Petroleum distributing stations (wholesale).
Plastics, fabrication forma
Poultry slaughter.
Rubber, fabrication of products made from finished rubber.
Shoe manufacturers.
Sign shop, industrial.
Soap manufacture, cold mix only.
Storage space for transit and transportation equipment, except freight classification yards.
Textile manufacture.
Tire rebuilding, recapping and retreading.
Transfer, moving, and storage facilities.
Truck repairing and overhauling.
Vending machine service and repair.
Wholesale business, storage buildings and warehouses.
41
(Code 1960, § 11003; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-600. Same--I-P and PA zones only.
The following industrial and manufacturing type uses are. allowed in the I-P and PAR
zones only:
(a) Auxiliary uses of the following type:
(1) Uses customarily incidental and directly related to any of the uses allowed in
the I-P zone, except that retail sales to the public shall be excluded.
(2) Administrative, research, professional or sales office related to any of the uses
allowed in the I-P zone.
(b) Research laboratories. and facilities, development laboratories and facilities and
testing laboratories and facilities.
(c) Model making for industrial and architectural designing.
(d) Limited manufacturing, assembling, testing, and repairing of components, devices,
electrical, electronic, or electromechanical equipment, optical devices, and other
similar equipment and systems such as but not limited to:
(1) Television, radio, phonographs, and other audio units and systems. .
(2) Data processing equipment and systems.
(3) Electrical appliances.
(e) Limited manufacturing, assembling, compounding, or treatment of articles or
merchandise from previously prepared materials such as but not limited to:
(1) .Cloth.
(2) Fibre.
(3) Glass.
(4) Metals.
(5) Plastics.
(f) Manufacturing, compounding, processing, packaging or treatment of products from
previously prepared materials such as but not limited to:
(1) Bakery goods.
(2) Cosmetics.
(3) Food products.
(4) Pharmaceuticals.
(g) Printing, publishing, blueprinting, photocopying; and other photo reproduction
services.
(Code 1960, § 11004; Ord. No. 1333, § 1, 4-25-77)
42
r
„
0
Data pfeees
0 „t
a
systems,
;,1 , o0 0 A an s ,sto,�,�
pment and systems,
,
Glass
beveling
and silvering.
edging,
�� o
oet and systeffis.
Phetegr-aphie
equipment.
equipment.
c,.;or+;f;,,
and
ffle,.t,.,.,;,..,t
;fst...,,.,..onts
NOW. . . ........... . .. . ......... ---M,
lfiAlP!'fl.T.�
the felle
a. ,. and,lef
Air-er-aft and related
asseiiibly ef pfedtiets-.
eemponents.
n„t,,,,.,,,t,;los tr,,,vs
t,-.,;lefs and pafts-.
r
43
See. 26-602. Temporary uses --Temporary use pen -nit required.
No temporary use provided for in this section shall be permitted, commenced or engaged
in until a written pen -nit therefor. has been obtained from the planning director. A
temporary use permit committee consisting of the license collector, city engineer, risk
manager, chief of police and fire chief, or their respective designees, shall review
applications for a temporary user permit and shall make recommendations to the planning
director including any conditions of approval. The planning director shall make a
decision within fifteen (15) days after acceptance of a written application as complete.
Any applicant may appeal the action or decision of the planning director to the city "
council within ten (10) days after such action or decision in which case the city council
shall grant or deny such permit. To approve the application, the planning director or`.
council shall find that the site is adequate to accommodate such use and that such
proposed use, under the conditions imposed, will not have a substantial adverse effect
upon the use or enjoyment of property in the neighborhood of the proposed use or upon
the public safety, health, or general welfare. Failure to comply with any imposed
conditions shall void the permit. No formal public hearings need be conducted nor any
notice given except to the applicant in connection with the granting or denial of such
permit.
(Code 1960, §.11006.01; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1499, § 1, 10-13-80; Ord.
No. 1619, § 1, 1-9-84; Ord. No. 1950, § 1, 12-20-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-603. Same --Carnivals, circuses, and rodeos.
Temporary carnivals, circuses and rodeos may be penmitted for a period of ten (10) days
in any calendar year, and no such activity shall be conducted for longer than five (5)
consecutive days at any onetime. Certification of the safety of rides and all pertinent
equipment for the carnivals, circuses and rodeos shall be made by a professional
engineer, registered in the state, with such certification being given to the building
department prior to the commencement of use of the equipment.
(Code 1960, § 11006.02; Ord. No. 1333, § 1, 4-25-77)
See. 26-604 Same,-Christmas`tree and pumpkin sales:
(a) The outdoor sale of Christmas trees, pumpkins, and related ancillary items may be
permitted in any zone (residentially zoned .property must be vacant and located so as
not to be detrimental to nearby residents). Outdoor pumpkin lots may operate during
the month of October only. Christmas tree sales may begin the Friday after the
Thanksgiving Day holiday. Christmas tree lots may set up no more than fourteen (14)
calendar days prior to the Friday after the Thanksgiving Day holiday.
(b) Indoor sale of items stated in subsection (a) accessory to a permanent use shall not.
require a temporary use permit.
(c) One single -faced or multifaced sign not to exceed thirty-two (32).square feet per face,
consisting of not more than three (3) faces, will be allowed on site. A sign permit is
not required:
(Code 1960, § 11006.03; Ord. No. 1333, § 1, 4-25-77 Ord. No. 1499, § 2, 10-13-80; Ord.
No. 1933, § 1(Amd. 258, Exh. 1), 4-5794; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-605. Same --Construction buildings
45
Temporary structures for the housing of tools and equipment or containing supervisory
offices in connection with major construction on major construction projects may be
established and maintained during the progress of such construction on such project;
provided that, such temporary structure may not be maintained for a period to exceed one
year.
(Code 1960, § 11006.03; Ord. No. 1333, § 1, 4725-77)
Sec. 26-606. Same --Firewood sales.
The outdoor sale of firewood and temporary signs relating thereto may be permitted in
any nonresidential zone for a period not to exceed thirty (30) days in any calendar year
with two (2) extensions of thirty (30) days each if the conditions of the original permit
have been met, subject to the following conditions:
(a) All firewood shall be neatly stacked and delivered to a fenced site in such a condition
as to require no additional cutting, splitting, or sawing.
(b) There shall be no power equipment, other than that necessary for the movement of
such wood, on the site:
(c) The site shall be treated with gravel, decomposed granite, or other similar material to
eliminate wet ground conditions.
(d) The site must be maintained and left in a neat and orderly condition, free of all debris
or residue directly attributable to this use of the property.
(Code 1960, § 11006.05; Ord. No. 1333, § 1, 4-25-77)
Sec.26-607. Reserved.
Editor's note: Former § 26-607, relative to regulation of firework sales, was deleted by
§ 4 of Ord. No..1790, adopted Sept. 12, 1988. Such former section derived from Code
1960, § 11006.06, and Ord. No. 1333, § 1, adopted April 25, 1977. Provisions relative to
fireworks are currently included as § 15-62.
Sec. 26-608. Temporary uses --Promotional event; cultural.
Promotional events of any educational, civic or cultural nature may be permitted without
time restrictions except as fixed in the conditions of approval.
(Code 1960, § 11006.07; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-609. Same --Major promotional event; commercial center and a business on its
own site (not in P-B, O-S and I-P zones).
(a) Major promotional event shall mean an outdoor or grand opening event where
outdoor display, sale or dispensing of merchandise or food, temporary signs, and/or
activities relating thereto, conducted wholly on private property, may encroach into
any driveway, parking or landscape areas.
(b) A major promotional event may be permitted for a commercial center or a business
on its own site (not in P-B, O-S, I-P zones) subject to the following conditions:
(1) No more than two (2) such events shall be penmitted in any calendar year, with
the exception that commercial centers with a gross floor area of more than five
hundred thousand (500,000) square feet shall be pennitted up to six (6) such
events in any calendar year.
(2) No such event shall start within fourteen (14) days of the end of the previous
such event.
.o
(3) No more than a total of twenty (20) days shall be permitted for such events in
any calendar year, with the exception that commercial centers with a gross floor
area of five hundred thousand (500,000) square feet or greater shall be permitted
up to thirty (30) days for such events in any calendar year.
(4) Events held by commercial centers shall be centerwide.
(5) Temporary promotional signage may be permitted as set forth in article VII
(signs).
(6) Such other conditions as are deemed necessary by the planning director and
reasonably relate to the provision of adequate parking, access for public safety
personnel, security, and maintenance of the health, safety, and general welfare
of the community.
(c) The permit fee shall be established by resolution of the city council.
(Code 1960, § 1100.08;.Ord. No. 1333, § 1, 4-25-77; Ord. No. 1503, § 1, 1-12-81; Ord.
No. 1568, § 1; 11-22-82; Ord. No. 1950, § 1, 12-20-94; Ord. No. 2030, § 4, 4-20-99;'Ord.
No. 2032, § 3, 5-18-99)
Sec. 26-609.5. Same --Major promotional event; uses with designated outdoor display
areas on approved precise plans.
(a) The outdoor display, sale or dispensing of merchandise or food, temporary signs,
and/or activities relating thereto during a major promotional event (defined in
section 26-609) conducted wholly on private property, may be permitted for a
business located on a seventy-five thousand (75,000) square foot or larger site with
an approved precise plan designating a minimum four thousand (4,000) square feet
of area for "outdoor display," as allowed in section 26-597 of this chapter, subject
to the following conditions:
(1) Events are permitted for a total of one hundred and sixty (160) days per
calendar year. Individual events shall be limited to a maximum duration of sixty
(60) days.
a. The planning commission may approve an extension of up to fifty (50) days
per calendar year in cases of grand openings or change of ownership of sixty
(60) percent or more.
b. The planning director may limit the duration of events that are determined to
have a potential adverse impact on surrounding areas.. These events may
include, but are not limited to, catered events and events with outdoor
amusement or live entertainment.
(2) No such event shall start within fourteen (14) days of the end of the previous
such event.
(3) Temporary promotional signage may be permitted as set forth in article VII,
(signs).
(4) Such other conditions as are deemed necessary by the planning director and
reasonably relate to the provision of adequate parking, access for public safety
personnel, security, and minimizing of potential adverse impacts on surrounding
areas.
(b) The permit fee shall be established by resolution of the city council. .
(Ord. No. 1735, § ,1, 11-11-86; Ord. No. 1890, § 2, 10-28-91; Ord. No. 1950, § 1, 12-20-
94; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2032, § 4, 5-18-99; Ord. No. 2072, § 3, 8-21-
01)
Sec. 26-610. Same --Real estate office.
M
11
One temporary real estate office may be located on any new subdivision in any zone,
provided that such office shall be removed at the end of one year. Such one year period
may be extended for six (6) month periods by special permission of the city council. Said
real estate office is to be erected only for use in sale of the subdivision.
(Code 1960, § 1100.08; Ord. No. 1333, § 1, 4-25-77.)
Sec. 26-611. Same --Aircraft takeoff and landing.
(a) The temporary takeoff or landing of any aircraft, airplane or helicopter may be
permitted from property within any zone (residentially. zoned property must be
vacant, of sufficient size and located so as not to be detrimental or a danger to
existing residential developments), for a period not to exceed five (5) consecutive
days or, fifteen (15) calendar days a year.
(b) A temporary use permit shall not be granted for any temporary use involving a
powered aircraft, airplane or helicopter within one thousand (1,000) feet of any
public or private schools (Grades K-12).
(c) Aircraft activity subject to temporary use permit requirements. shall not include
carnival rides involving helicopters, tethered hot-air balloons or other aircraft.
(d) The landing or liftoff of any manned hot-air balloon used for untethered flight is
prohibited on property within the city.
(e) Application for such use shall also include a location map designating the landing
area, significant structures within the surrounding area, land uses within three
hundred (300) feet of the landing site and proposed approach and departure routes.
(Ord. No. 1553, § 3, 7-12-82; Ord. No. 1619, § 2, 1-9-84)
Sec. 26-612. Same --Fund-raising events: Definitions.
(a) Noncommercial purposeas used herein shall inean the stated purpose of a
nonprofit organization as defined in the Internal Revenue Code Section 501(c) [a
public entity raising money for an authorized program or purpose].
(b) Participants as used herein means an individual household, group, family or
organization who will pledge or donate any and all proceeds and profits from the
sale of such goods to the noncommercial purpose and does not include participants
selling such goods for a commercial or personal purpose or profit.
(c) Sales events as used herein means the indoor or outdoor sale of items which are
made or owned by the project sponsors or participants including but not limited to.
art work, crafts, baked goods, jewelry, quilts, clothing, potted plants, macrame,
toys, games, novelties, and knick-knacks for a noncommercial purpose.
(d) Swap meets means "swap meets" as defined in the Business and Professions Code
Section 21661 are prohibited in any zone.
(Ord. No. 1820, § 2; 8-28-89)
Sec. 26-613. 'Same --Nonrecurring fund-raising events in residential and open space zone.
(a) Swap meets are prohibited in any zone.
(b) No more than three (3) sales events shall be conducted in any one calendar year on
any one site.
48
(c) Sales events are pennitted in residential and open space zones; although they may
not occur in or on the property belong to a residence, whether single -or multi-
family.
(d) A sale event may continue up to a maximum of two (2) consecutive days. If a
holiday is concurrent with a weekend, the sale days may include the two (2) day
weekend and the holiday. The hours of operation shall be regulated by the
temporary use permit.
(e) No sign advertising the sales event, displays, items for sale, or activities may be
placed or maintained on or in any public right-of-way. It shall be the responsibility
of the project sponsor and participants to (i) remove all sale -related signs and .
merchandise from the property at the conclusion of the event; (ii) ensure that the
site is maintained in a neat and orderly condition during and after the event; and (iii)
meet all temporary use permit requirements.
(f) Notwithstanding the foregoing, the incidental or accessory sale of items including
but. not limited to food, beverages or souvenirs, subject to all legally required
permits, shall not be prohibited hereunder.
(Ord. No. 1820, § 2, 8-28-89)
Sec. 26-614. Special event --Special event permit required.
(a) No special event, as established under this section, and/or promotional signs as
required under article VII (signs) shall be pennitted commenced or installed until.
the business owner, property owner, or property manager obtains a special event
permit from the planning division. An application for a special event permit shall be
filed with the planning division on the forms prescribed by the planning division.
The application shall be accompanied by a fee established by the city council. The
planning director or designee shall review said application for compliance with
applicable provisions of the municipal code and shall make a recommendation to
modify, approved or deny said application. Upon receipt of a complete application,
it is the intent of the city to approve or deny said application within one (1) working
day. Approval of said application may be subject to conditions of approval that may
be detennined necessary to protect the health, safety, general welfare, and aesthetics
of the community. The written decision of the planning director shall become final.
and effective unless appealed in writing within five (5) calendar days.
(Ord. No. 1950, § 1, 12-20-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-615. Special event --Minor promotional event; commercial business (not in the P-
B, O-S and I-P zones).
(a) Minor promotional events are short tern promotional or grand opening events held
by an individual commercial business where goods and/or promotional signs may
be displayed on the outside of the building, but which does not encroach into any
driveway, parking or landscape areas. This may include special sales events and
sidewalk sales and does not apply to uses with outdoor designated outdoor display
areas or commercial/retail centers.
(b) A special event permit shall be granted for a minor promotional event subject to the
following conditions:
(1) No more than twelve (12) events, with a maximum of thirty-six (36) days,
shall be permitted per calendar year.
(2) Grand opening events shall be held within six (6) months of the original
opening of the business or the effective date of the business name change.
(3) Temporary promotional signage may be pennitted as set forth in article VII
(signs).
i
(4) Such other conditions as deemed by the planning director to be necessary and
reasonably relate to reducing potential adverse impacts on surrounding areas..
(Ord. No. 1950, § 1, 12-20-94; Ord. No. 2030, § 4, 4-20-99)
Editor's note: Ord. No. 1950, § 1, adopted Dec. 20, 1994, amended the Code by adding a
new§ 26-614.1. In order to facilitate ease of usage of the Code, said section has been
renumbered 26-61.5 at the discretion of the editor.
Secs.26-616--26-621. Reserved:
DIVISION 12..MASSAGE PARLORS
AND BATHHOUSES*
*Editor's note: Section 1 of Ord. No. 1631, adopted April 23, 1984, added div. 13 to ch. 26, art.
XH; the editor has redesignated the division as div. 12 to maintain numerical sequence. The
numbering of individual sections has not been changed.
Sec.26-685.40. Purpose.
The purpose for this division is to serve the need of the public in regard to massage
parlors and bathhouses while guaranteeing the adequacy of the site for the use and the protection
of surrounding properties through consideration of physical treatment and compatibility with
surrounding properties.
(Ord. No. 1631, § 1, 4-23-84)
Sec.26-685.41. Reserved.
Sec.26-685.42. Definitions.
For the purposes of this division, unless the context clearly requires a different meaning,
the definitions of "bathhouses" and "massage parlors" shall be as described in section 14-116 of
the West Covina Municipal "Code:
50
(Ord. No. 1631, § 1, 4-23-84)
Sec.26-685.43. Reserved.
Sec.26-685.44. Exemptions.
This division shall not apply to any uses or professions exempted by section 14-119 of
the West Covina Municipal Code.
(Ord. No. 1631, § 1, 4-23-84)
See.26-685.45. Reserved.
Sec. 26-685.46. Development standards and conditions.
(a) Massage parlors and bathhouses may be established only in the zones as specified in
section 26-597.
(b) A conditional use permit shall be obtained prior to establishing a massage parlor or
bathhouse (as specified in article VI, division 3 of this chapter). The application shall
include a precise plan (as specified in article VI, division 2).
(c) The development standards of the zone in which this use is to be located shall apply
(as specified in article X, division 3 of this chapter unless this section specifically permits
or prohibits otherwise.
(d) Special development requirements:
Parking required
(1) Two (2) stalls per massage parlor table plus two (2) stalls per hot tub; or
(2) Four (4) stalls per hot tub if no massage.s.ervice is offered; .or
(3) Such other parking requirements as deemed reasonable by the planning
commission.
(e) Conditions of approval of a conditional use permit for bathhouses or massage
parlors:
(1) Review of the operation pennitted by the conditional use permit, is required
every six (6) months for a period of two (2) years, beginning on the date of the
start of operation of the use.
ownefship or any ether- interest ift the use pefFnitted.
(2-3) The conditional use pen -nit may be revoked, amended or suspended by the
planning commission under the provisions of section 26-253 of the West Covina
Municipal Code.
(34) Licenses and permits as required by section 14-117 of the West Covina
Municipal Code shall be obtained prior to the start of the operation of the use.
(4-) The use shall be conducted in compliance with all applicable requirements
of article V of chapter,14 of the West Covina Municipal Code.
(56) Such other conditions as deemed by the planning commission to
reasonably relate to the purpose of this division.
Sec. 26-685.47. Accessory massage development standards and conditions.
(a) Accesossry massage service is allowed accessory to a primary use listed in
Section 14-119 (b) (2).
(b) An administrative. review. shall be obtained prior to establishing accessory
massage and prior to issuance of business license and the start of operations.
(c) A letter signed by the applicant for massage services requesting.
that the Planning Director approve massage services as an accessory
51
use at the subject address. The letter should also include the
following:
(1) Applicant's full name, mailing address, and phone number (the
applicant must be the same business owner of the primary business.
(2) The proposed hours of operations for the massage services and
hours of operation of the primary use.
(3) A statement that massage services will not be permitted beyond
the hours of operation of the primary use.
(4) A statement that the proposed massage technician is strictly
accessory to the primary use and will abide by all requirements of an
accessory use, including permitting no exterior advertising relating to
massage services.
(d) A letter signed by the property owner authorizing the application,
if different from the business owner.
(e) A floor plan, drawn to scale, of the primary use indicating location
of walls and entries and labeling the intended use of rooms.
Specifically, show the following:
(1) The location of the massage room and fixtures related to the
business (sink, table, counter, bathroom shall be indicated on the
floor plan).
(2) No separate exterior entrance to the massage room. The path
of travel to the massage room should be through the main
entrance of the primary use.
(3) The massage room and other areas devoted to the massage
service shall not exceed ten (10) percent of the total business floor
area.
(f) A business license from the City Treasurer's Office is required. In
addition to Planning Department clearance, the business license is
subject to review by the Police Department.
(g) Each individual massage technician shall obtain a business license
and pay a business license fee in accordance with Section 14-68 of this
Code.
(Ord. No. 1631, § 1, 4-23-84)
52
•
DIVISION 15. ON -SALE ALCOHOL LICENSES
Sec.26-685.100. Purpose.
The purpose of this division is to provide conditions for the establislunent of commercial
uses that serve and/or sell alcohol (retail on -sale and off -sale licenses) and.to do so in
accordance with certain requirements designed to ensure compatibility of such services
with surrounding commercial and residential development, to not create any undue
concentration of such licenses, and to not create any adverse effect on the health and
welfare of the community.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No.
2121, § 2, 10-19-04)
See.26-685.101. Reserved.
See.26-685.102. Definitions.
(a) Bona fide eating place means or is an eating place as defined in Section 23038 of
the California Business and Professions Code.
(b) Major hotel or major motel means or is a hotel or motel as defined in section 26-63
of the West Covina Municipal Code that has a minimum of one hundred (100) rooms or
suites, and has conference rooms, banquet rooms or ballrooms available for hire by the
public.
(c) Areas of undue concentration is a census tract (as defined by the United States
Census Bureau) where an undue concentration in the number of alcohol licenses exists as
determined by the department of alcoholic beverage control (ABC).
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No.
2030, § 4, 4-20-99; Ord. No. 2121, § 2, 10-19-04)
Sec. 26-685.103. Off -sale alcohol uses.
Alcohol sales for off -site consumption may be established as follows:
(1) . An administrative use permit is required for businesses that sell alcohol for off -site
consumption located in an area defined as an area of undue concentration by the state
department of alcoholic beverage control (ABC).
(2) . No zoning pen -nit is required for businesses that sell alcohol for off -site consumption
which are not located in an area defined as an area of undue concentration by the state
department of alcoholic beverage control (ABC).
(Ord. No. 2121, § 2, 10-19-04)
Sec. 26-685.104. On -sale alcohol use — Conditional Use Permit
Alcohol service (on -sale licenses) may be established in conjunction with the following
uses,. only in the zones specified in section 26-597, with the approval of a conditional use
permit:
(1). Bona fide eating plaee as defined in Seefien 23038 of the Galifemia Business and
Pr-efessiens Code; -Of
(2) (1). Clubs, lodge halls; and similar facilities as defined in Section 23428.9. of the
California Business and Professions Code; or
(3) (2) Main use billiard .parlor with a kitchen and dining area as specified in division 8
of this article; or
(4) (3) Major motel or a major hotel as defined in this division.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No.
2121, § 2, 10-19-04)
Sec. 26-685.104.5 On -sale alcohol use — Administrative Use Permit
Alcohol service (on -sale licenses) may be established in conjunction with the
following uses, only in the zones specified in section 26-597, with the approval of an
administrative use permit:
(1) Bona fide eating place as defined in Section 23038 of the California Business
and Professions Code; or
53
Sec. 26-685.105. Change or intensification of existing on -sale or off -sale alcohol use.
(a) When any of the following is proposed in conjunction with an existing on -sale or
off -sale alcohol use, additional permit requirements shall apply as set forth in subsections
(b) through (c) below:
(1) Any increase in gross floor area for businesses that sell alcohol for on -site
consumption; or
(2) An increase of five hundred (500) square feet or more for businesses that sell alcohol
for off -site consumption; or
(3) A change in the type of license issued by the state department of alcoholic beverage
control (ABC); or
(4) The license issued by the state department of alcoholic beverage control has lapsed,
been suspended or revoked, or has otherwise become null and void and application is
made for reinstatement of the license or issuance of a new license.
(b) For a legal nonconforming use (no existing administrative ce use permit
or conditional use permit), an administrative use permit or conditional use permit
shall be required, provided that the existing use is permitted pursuant to section 26-597.
All provisions of article V of this chapter (Nonconforming Buildings and Uses) shall
apply and shall not be superceded by this section.
(c) For a conforming use with a valid administrative eenditienal use permit, an
amendment to the existing administrative use permit shall be required
pursuant. to the procedures set forth in section 16-271 (a). For a
nonconforming use with a valid conditional use permit, an amendment to
the existing conditional use permit shall be required pursuant to the procedures
set forth in section 26-251(a) (Planning commission hearing required)..
(Ord. No. 2121, § 2, 10-19-04)
Sec. 26-685.106. Additional finding.
(a) Before anew or amended administrative use permit or a conditional use penult for
an on -sale or off -sale alcohol use may be granted, the following finding shall be made.
For administrative use permits and conditional use permits, such finding shall be
made in addition to the findings contained in section 26-247 .and 270.
(b) That, when considering the proposed operational characteristics of the use and its
proximity to residences, parks, schools, preschools, day care facilities, and churches, the
use will not create any undue adverse impacts or otherwise be detrimental to the public
health, safety, and welfare.
(Ord. No. 2121; § 2, 10-19-04)
Sec. 26-685.107. Conditions of approval for on -sale and off -sale alcoholic uses.
(a) Conditional use permit conditions:
by the ,.1.,.-.:-in division of the e ,-.,tip.,-. .�mitte by the .. , difi ,na use
� i� icc. v iv vv by uiv Yiuiuimg -ar-v r�ivi
of the -stfte€ eper-alien-of the use, and may be r-evieever-y twe (2) yea�
tho ., fte
(-21) The conditional use permit may be revoked, amended and suspended by the
planning commission under the provisions of section 26-253 of the West Covina
Municipal Code.
(32) Licenses and permits as required by Chapter 14 or any other provision of the West
Covina Municipal Code or applicable law shall be obtained prior to the start of the
operation of the use.
(43) Such other conditions as are deemed necessary by the planning commission to
protect the public health, safety, and general welfare of the community, such as but not
mandatory or limited to:
a. Regulating the hours of operation of the entire business.
b.. Requiring special security measures, including but not limited to security
guards, additional lighting, burglar alarms, video surveillance.
(4) The Planning Director shall be authorized to send a letter to the State
Department of Alcoholic Beverage Control determining that by virtue of approval
54
of a conditional use permit that the finding of public convenience and necessity has
been satisfied.
(b) Administrative Use Permit Conditions
(1) The Planning Director shall be authorized to send a letter to the State
Department of Alcoholic Beverage Control determining that by virtue of approval
of an administrative use permit the finding of public convenience and necessity has
been satisfied.
(2) The administrative use permit may be revoked, amended and suspended by the
planning commission under the provisions of section 26-273 of the West Covina;
Municipal Code.
(3) All licenses and permits as required by Chapter 14 or any other provision of the
West Covina Municipal Code or applicable law shall be obtained prior to the start
of the operation of the use.
(4) Such other conditions as are deemed necessary by the planning director to
protect the public health, safety, and general welfare of the community, such as but
not mandatory or limited to:
a. Regulating the hours of operation of the entire business.
b. Requiring special security measures, including but not limited to
security guards, additional lighting, burglar alarms, and video
surveillance.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1),.4-5-94; Ord. No.
2030, § 4, 4-20-99; Ord. No. 2121, § 2, 10-19-04).
Sec. 26-685.108. Specific conditions of approval of a conditional use permit for alcohol
service in conjunction with major hotels and major motels.
(a) The location of the "defined area," shall be the only place in the building for serving
alcoholic beverages, as shown on Study Plan "A," shall not be changed without a revision
of this conditional use pen -nit. The defined area shall be enclosed by walls or theater -type
stanchions and cordons to the point that entry/exit openings are defined well enough to
monitor people going in or out.
(b) No person under twenty -.one (21) years shall be pennitted in the defined area at any
time. The defined area shall have signs posted to that effect.
(c) Such other conditions as are deemed by the planning commission to reasonably
relate to the purpose of this division.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord No.
2121, § 2, 10-19-04)
Secs.26-685.109--26-685.979. Reserved.
55
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST
COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF CODE. AMENDMENT NO. 08-01, RELATED TO
NONRESIDENTIAL ZONES, MASSAGE PARLORS AND BATHHOUSES, AND
ON -SALE ALCOHOL LICENSES SECTIONS OF THE MUNICIPAL CODE
CODE AMENDMENT NO.08-01
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, on February 12, 2008, the Planning Commission initiated a code
amendment regarding maintenance standards, land uses, zoning designations, and
clarifications of terms to the Nonresidential section of the Zoning Code; and
WHEREAS, the Planning Commission, on the 24th day of March, 2009, the 28th day
of April 2009, and the 11 th day of August, 2009 conducted study sessions; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
22"d day of September, 2009, the 10th day. of November, 2009, and the 24th day of
November, 2009, conduct duly advertised public hearings as prescribed by law; and
WHEREAS, studies and investigations made by this Commission and in its behalf
reveal the following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended. to
update, clarify, and establish standards for nonresidential lots.
2. The proposed action is considered to be exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3)
of the CEQA Guidelines, in that the proposed action consists of. a code
amendment which does not have the potential for causing a significant effect on
the environment.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City
of West Covina as follows:
SECTION NO.1: Based on the evidence presented and the findings set forth, Code
Amendment No. 08-01 is hereby found to be consistent with the West Covina General Plan
and the implementation thereof.
SECTION NO.2: Based on the evidence presented and the findings set forth, the
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. 08-01 to
amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on
Exhibit "A."
SECTION NO.3: 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.
Z;\Resos\2009\09-5351 Non-residential Code amendment.doc
Planning Commission Re ton No. 09-5351 •
Code Amendment No. 0
November 24, 2009 - Page 2
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 241h day of
November, 2009, by the following vote:
AYES: Redholtz, Sotelo, Carrico, Sykes, Stewart
NOES: None
ABSENT: None
ABSTAIN: None
Dave ,Stewart, Chairman
Planning Commission
Z:\Resos\2009\09-5351 Non-residential Code amendment.doc
•
•
AGENDA
ATTACHMENT 3 ITEM NO. C-1
DATE November 24, 2009
PLANNING DEPARTMENT STAFF REPORT
CODE AMENDMENT NO.08-01
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
I. DESCRIPTION OF APPLICATION
On February 12, 2008, the Planning Commission initiated a code amendment related to.
maintenance standards, land uses, zoning designations, and clarifications of terms to the
Nonresidential section of the Zoning Code.. This section of the code provides standards
for commercial businesses and development, including parking standards, land uses,
accessory massage, and on -sale alcohol.
II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a. resolution recommending
approval of Code Amendment No. 08-01 to the City Council.
III. 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.
IV. BACKGROUND
The Planning Commission initiated Code Amendment No. 08-01 to modify standards to the
Nonresidential standards of the Municipal Code. The Planning Commission held three
study sessions pertaining to this code amendment on March 24, 2009, April 28, 2009, and
August 11, 2009. For your review staff has included the tables that were presented to you at
those study sessions.
Table. I includes the following revisions as discussed at the March 24, 2009 Planning
Commission Meeting:
1. Restaurant Seating.Standards
2. Clarifying Uses in the Land Use Matrix ("S" uses)
3. Automated Teller Machines (ATM) Standards
4. Establish Graffiti Standards
5. Parking Lot Paving Standards
6. Establish Accessory Massage Standards in the Unique Uses section
7. Religious Facility Standards
8. Eliminating Planned Administrative Research (PAR) Zone Standards
ZACase Files\CODE AMEND\2008\08-01 Non -Res StandardsTlanning Commission 11-24-09\Staff Report 11.24.09.doc
Code Amendment No. 08-01 •
Non -Residential Standards
November 24, 2009 - Page 2
Table II includes the modifications to the matrix that specifies a discretionary application
process for "S" uses as discussed at the April 28, 2009 Planning Commission meeting.. As
previously presented the "S uses have been problematic to staff in determining which
process is most appropriate (based on site location and history of similar uses within the.
City). The table specifies the process recommended by staff.
Table III indicates the modifications to the Land Use Matrix. The categories include:
1. Remove antiquated "Uses" in the Land Use Matrix
2. Consolidate Retail Uses (combine a variety of specific uses to "Retail'.')
3. Consolidate Office Uses (combine a variety of specific uses to "Office")
4.. Update Terminology
5. Add new uses
Table IV indicates changes to the Code as discussed at the August 11, 2009 Planning
Commission meeting. These categories include:
1. Add accessory kennel standards to the Land Use Matrix
2. Include outdoor seating parking standards
3. 20% parking reduction for centers larger than 75,000 square feet
4. Add Recording Studio to the Land Use. Matrix
Lastly, since the August 11, 2009. Study Session, staff is suggesting four additional revisions
to the code amendment. As a result Staff has provided an additional matrix, to describe the
issue, provide options, and provide a recommendation. The additional changes include the
following,
• Allow Massage parlor/bathhouse in commercial centers with a gross floor area of
more than 500,000 square feet. This revision has . been requested by Westfield.
Westfield has requested consideration to allow primary use massage business as a
tenant in the Westfield Mall.
• Parking reduction for business offices larger than 20,000 square feet. This is a
recommendation from staff to allow for more flexibility in parking requirements for.
office developments.
• Allow for an administrative parking reduction of up to five percent for retail and
office parking in centers through the approval of an administrative use permit.
• For on -sale alcohol at restaurants (administrative use permit), eliminate condition
requiring 6-month review and replace with condition requiring review if issues arise.
These additional changes have not been included in the Municipal Code text attached to the
resolution. If approved, staff will add the required language, which will be included in the
code amendment presented to the City Council for their review and approval.
Conclusion
Staff has been working with the Planning Commission on the proposed changes to the
Nonresidential section of the Municipal Code for approximately two years. The proposed
changes include establishing existing policies as code requirements, clarifying code
language to reduce the need to interpret the code, streamlining terminology in the code, and
modifications made at the request of the property owner of The Marketplace at the
Lakes??Ron?? And Westfield. The code amendment would revise standards in the Code for
the Nonresidential Zones, Massage Parlors and Bathhouses, and On -Sale Alcohol License
sections of the Zoning Code. The proposed code text is attached to the resolution for your
review.
ZACase Files\CODE AMEND\2008\08-01 Non -Res StandardsTlanning Commission 11-24-09\Staff Report 11.24.09.doe
Code Amendment No. 08-01 • . •
Non -Residential Standards
November 24, 2009 - Page 3
VII. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending
approval of Code Amendment No. 08-01 to.the City Council.
PREPA BY:
n Garcia
Planning Associate
REVIEWED AND APPROVED:
Jeff erson, AICP
A i City Planner
w
Attachments:
Attachment 1 — Code Amendment Resolution
Attachment 2 — Additional Revisions Table, November 24, 2009
Attachment 3 — Letter from Westfield
Attachment 4 — Table I, March 24, 2009
Attachment 5 — Table II and I1I, April 28, 2009
Attachment 6 — Table IV, August 11, 2009
Z:\Case Files\CODE AMEND\2008\08-01 Non -Res Standards\Planning Commission 11-24-09\Staff Report 11.24.09.doc
Planning Commission Minutess
Page 4 — November 24, 2009
C. CONTINUED PUBLIC HEARING
(1)
L
CODE AMENDMENT NO. 08-01 ATTAR nr H,M E N T 4
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
REQUEST: The proposed code amendment consists of certain amendments to.
Nonresidential` standards to establish existing policies as code
requirements and to clarify code language. The public hearing was
continued from November 11, 2009.
Chairman Stewart opened the public hearing. Planning Associate Ron Garcia presented
the staff report. During his presentation, Mr. Garcia spoke about the additional sections
that staff recommended to be incorporated into the code amendment.
PROPONENTS:
No one spoke in favor in favor of this matter.
OPPONENTS:
No one spoke in opposition to this matter.
Chairman Stewart closed the public hearing.
There was a discussion by the Commission regarding the additional sections added and
their. potential impacts on the community. The Commission discussed the addition of
massage and bath house businesses in the Regional Commercial zone, and the limit to
larger, regional shopping centers. In addition, there was a short discussion regarding the
difference between administrative use permits and conditional use permits as it pertains to
the six-month review on-sale.alcohol approvals at restaurants.
It was the consensus of the Commission to support and approve the code amendment.
Motion by Redholtz, seconded .by Carrico, to adopt findings as recommended by staff.
Motion carried 5-0.
Motion by Redholtz, seconded by Carrico, to waive further reading of the body of the
resolution and adopt Resolution No. 09-5351, recommending to the City Council,
approval of Code Amendment No. 08-01. Motion carried 5-0.
Chairman Stewart said final action regarding this matter would take place at a public
hearing before the City Council at a meeting tentatively scheduled for January 19, 2010.
D. NON HEARING ITEMS
(1)
CODE AMENDMENT INITIATION
WATER EFFICIENT LANDSCAPE ORDINANCE
The proposed code amendment consists of certain. amendments to Chapter 26 (Zoning) of
the West Covina Municipal Code related to water efficient landscape. .
Staff recommends that the Planning Commission initiate a code amendment regarding
water efficient landscape and provide comment and direction as appropriate.
Acting City Planner Jeff Anderson presented the staff report. During his presentation,
Mr. Anderson told the Commission that the State of California had adopted a bill
requiring all California cities to adopt an ordinance requiring water -efficient landscaping.
He further explained that the state had set a deadline of January 2010 for adoption of the
ordinances. Mr. Anderson added that staff would begin working on an ordinance for
review by the Planning Commission at a future date.
ZAPLANCOM\MINUTES\2009 MINUTES\11.24.09 minutes.doc
Table for Potential Non -Residential Zone Standards March, 24, 2009
•
Item
Discussion
Options
Recommendation
1. Restaurant seating
Currently the code does not indicate a restaurant (without alcohol sales) as an
Option 1 — Leave Code as is (no
Option 2 — Establish proposed
Standards
allowed use. Additionally, the code does not specify a process (such as AUP)
standard would be established).
restaurant standards.
for outdoor seating in conjunction with a restaurant.
Option 2 — Require process suggested
in "Discussion" column.
Modify to establish categories of restaurants with the following:
Option 3 — Require a different
- Restaurant -Allowed use
discretionary process than suggested
- Restaurant — with ABC- AUP required
by staff.
- Restaurant — with Dancing — CUP required
- Restaurant — with Live entertainment - CUP required
- Restaurant — with. outdoor seating.- AUP required
- Restaurant — with Live entertainment and Dancing — CUP required
2. Removing "S"
Currently the land use matrix in the Zoning Code includes uses (classified as
Option 1— Leave Code as is.
Option 2 — Remove "S" uses and
Uses
"S" uses), which provides the Planning Director the authority to require the
Option 2— Establish a specific process
establish a specific review process.
submittal of a Conditional Use Permit application or allow the use by right.
for each of the uses (allowed use,
Staff is suggesting a modification to the matrix that would specify a
AUP, CUP, etc).
discretionary application process and would no longer require the Planning
Director to make a determination. "S" uses are.specialized nonresidential use
requiring a conditional use permit approval if it is proposed in an existing,
planned, or proposed commercial center. Historically, the "S" uses have been
problematic to staff in determining which process is most appropriate (based
on site location and history of similar uses within the City). It has also been
problematic for applicants, as they must wait for planning staff to determine
the most appropriate. process. Therefore removing the "S" uses would allow
for a quicker answer and more efficient use of time.
The list of uses in this category is not specifically included here (but includes
categories such as motor vehicle sales and medical uses). It is staff s intent to
have a follow up study session to examine each of these uses individually.
%•�('aca Pita \('nnF AKAP T_W)O1)Q\AQ_!11
Nr.,.,_Do.. Qw.... A...A_X T-"I,. Qa..,J.. 0......:.... ,l__
.
— 01 NonI l\es Jta11Uam%L aum.Jtuuy JK; JMUII.UUI:
Page 4
Table for Potential Non -Residential Zone Standards March, 24, 2009
•
Item
Discussion
Options
Recommendation
3. Automated Teller
Currently the code requires the submittal of a conditional. use permit for the
Option 1— Leave code as is (no standard
Option 2 — Require an Administrative
.Machines (ATM)
operation of a walk up ATM machine not associated with a banking institution.
would be established).
Review Application
Standards not on the
The suggested modification would require the approval of an Administrative
Option 2 — Require an Administrative
premises of a bank.
Review, which is processed administratively without noticing as required by
Review Application
the Conditional Use Permit. This would reduce the processing time, and still
Option 3 — Require a different
allow for conditions to be imposed to allow for continued monitoring of the
discretionary process such as an AUP
ATM.
4. Establish Graffiti
Over the past few years, city staff has been working to reduce graffiti impacts.
Option 1 - Leave Code as is (no standard
Option 3 — Codify graffiti maintenance
standards
To- that end, staff is suggesting that a standard be added requiring that vines be.
would be established).
standard for non-residential new
installed on all freestanding walls. Codifying the standards in the code would
Option 2 — Codify graffiti maintenance
development.
provide greater authority to staff when processing future developments in the
standard . for non-residential new
City or addressing code enforcement issues.
development.
5. Parking Lot
Currently the code does not establish standards for determining that a parking
Option 1— Leave Code as is.
Option 2 = Establish ' parking lot
Paving Standards
lot is a nuisance and in need of repair. Including the paving standards would
Option 2 — Establish standards for
standards.
allow staff the authority to enforce parking lot improvements when appropriate.
parking lots.
Z:\Case Files\CODE AMEND\2008\08-01 Non -Res StandardsUab le. Study Session.doc
Page 4
Table for Potential Non -Residential Zone Standards March, 24, 2009
�J
is
Item
Discussion
Options
Recommendation
6. Include
Currently, the code provides a list of uses allowed in manufacturing and
Option 1 - Leave Code as is (no
Option 2 — add the appropriate uses to
"Assembly" and
industrial uses. These are typically specific, rather than general use descriptions.
standard would be established).
the matrix.
"Manufacturing"
Staff is.recommending adding assembly and manufacturing uses to the list of
Option 2 — Add assembly and
uses in the matrix
allowed uses.
manufacturing to the use matrix.
7. Add "Retail" to
Currently the code does not include general retail in the use matrix. Adding
Option 1 - Leave Code as is (no
Option 2 — Add "Retail" to the use
the use matrix
the "Retail" use to the matrix would allow for better efficiency when
standard would be established).
matrix:
providing service to patrons.
Option 2 — Add "Retail" to the use
matrix.
8. Remove
In the use matrix there are uses that are. antiquated uses that are not longer
. Option 1 - Leave Code as is.
Option 2 -Remove antiquated uses in
antiquated "uses" in
prevalent in today's economy. These antiquated uses. include: duplicate
Option 2 -. Remove antiquated uses in
the matrix.
the matrix
bridge studios; borrow pits, lapidary shops, and mail order houses (as
the matrix
examples). Staff will generate a. fill list of the uses recommended to be
removed and present it at the follow up study session.
9. Establish
Currently the code does not provide specific standards for the operation of
Option 1 - Leave Code as is.
Option 2 — Codify the. established
Accessory. Massage
accessory massage uses. The code only allows main use massage standards in
Option 2 — Codify the established
policy requirements for accessory
standards in the
the M-1 zone. Staff has been operating on a policy established in the late 90's
policy requirements for accessory
massage..
Unique Uses section
that requires the approval of an Administrative Review for accessory massage.
massage.
Establishing the current policy standards for accessory massage would codify
the process and provide clarification to patrons when requesting to review the
accessory massage standards. Accessory massage has been allowed at beauty
saloons, day spas, and medical, offices, including acupuncture and chiropractic.
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards\Table.Study Session.doc.
Page 4
Table for Potential Non -Residential Zone Standards March, 24, 2009
.•
Item
Discussion
Options
Recommendation
10. Religious Facility
Currently the development. standards for religious facilities indicate a
Option 1 - Leave Code as is.
Option .2 — Remove the 1 '/2 acre
Standards
minimum of 1 '/z acres to develop such facilities. In early 2000 the "Religious
Option 2 - Remove the minimum 1 '/2
requirement to comply with current
Land Use and Institutionalized Persons Act" was enacted by the Federal
acre site requirement to reflect
Federal Law.
Government, which cited that site size could not be used to determine
Federal Law.
whether a religious facility could be allowed. Removal of the 1 `/2 acres
requirement would allow the code to comply with Federal Law.
11. Planned
The code specifies a Planned. Administrative Research (PAR) zone. This zone
Option 1 - Leave Code as. is.
Option 2 — Remove the entire PAR
Administrative
appears to have created to provide development standards on the BKK site.
Option 2 — Remove all references to
zone
Research (PAR) zone
However, no sites were zoned "PAR." Removing the PAR standards from the
the PAR Zone.
code would provide clarification, as there are no designated PAR zones
throughout the city.
Z:\Case Files\CODE AMEND\2008\08-01 Non -Res Standards\Tab le. Study Session.doc
Page 4
Table 1 - Proposed Requirements for S- Uses, April, 28, 2009
E
C
F
Z
W
0
Q.
MM
—L40
Item
Zones Allowed
Options
Recommendation
1. Any motor
RC, SC, C3
Option 1— Allow as permitted use.
Option 4 — Require CUP for dealerships less than 1-
vehicle sales, new
Option 2 — Require a CUP when adjacent to residential otherwise permitted..
Acre.
or used including
Option 3 — Require a CUP for used vehicle sales otherwise permitted.
any accessory
Option 4 — Require CUP for dealerships less than 1-Acre.
services (Outdoor
Display)
2. Auto rentals
NC, RC, SC, C2, C3
Option 1— Allow as permitted use.
Option 3 — Require a CUP
Option 2 — Requite a AUP
Option 3 — Require a CUP
3. Auto repair
SC, C3, M 1
Option 1— Allow as permitted use.
Option 2 — Allow in the M- zones and require CUP in
garage
Option 2 — Allow in all M- zones and require CUP in all C-zones.
the C-zones.
Option 3 - Require CUP in all zones.
4. Auto repair
M1
Option 1— Allow as permitted use.
Option 2 — Require an AUP in the all M-zones.
garage including
Option 2 — Require an AUP in .the all M-zones.
public storage of
Option 3 - Require CUP in all zones.
vehicles
5. Boat sales,
RC, SC
Option 1— Allow as permitted use..
Option 4 - Require a CUP when adjacent to
new/used
Option 2 — Require a AUP
residential, and has outdoor display, or permitted
including service
Option 3 — Require an CUP
otherwise.
and repairs
Option 4 - Require a CUP when adjacent to residential, and or has outdoor
(Outdoor display)
display; or permitted otherwise.
ZACase Fits\CODE AMEND\2008\08-01 Non -Res Standards\S uses Table.Study chart.doc
Page 3
0
•
Table I - Proposed Requirements for S- Uses, April, 28, 2009
Item
Zones Allowed
O tions
Recommendation
6. Building material
RC, SC, M1
Option I —Allow as permitted use.
Option 3 — Require CUP when
sales
Option 2 — Require CUP
adjacent to residential, permitted
Option —Require CUP when adjacent to residential, permitted. otherwise.
otherwise.
7. Building material
SC, M1
Option I — Allow as permitted use.
Option 3 - Require CUP in all C-
sales (outdoor
Option 2 — Require a CUP:
zones, and permitted in all M-
display)
Option 3 — Require CUP in all C-zones, and permitted in all M-zones.
zones.
8. Car Wash
RC, SC, C3, M1
Option 1 — Allow as permitted use.
Option 3 — Require a CUP
Option 2 - Require AUP when not accessory to a service station, CUP otherwise.
Option 3 — Require a CUP
9. Joint Use Vehicle
OP, NC, RC, SC, C2,
Option 1—Allow as a permitted use.
Option 2 - Require a CUP
Parking
C35 M1, IP
Option 2 - Require a CUP
10. Plant nurseries
NC, RC, SC, C2, C3,
Option I — Allow as permitted use.
Option 1 - Allow as permitted
and related package
M1, IP
Option 2 — Require AUP
use.
sales or storage
Option 3 — Require CUP
Z:\Case Files\CODE AMEN D\2008\08-01 Non -Res Standards\S uses Table.Study chart.doc
Page 3
i
Table I Proposed Requirements for S- Uses, April, 28, 2009
Item
Zones Allowed
Options
Recommendation
12. Truck Rental
SC, C3, M1
Option 1—Allow as permitted use.
Option 3 — Require CUP in all C-Zones,
(not used w/auto
Option 2.— Require AUP.
Permitted in all M-Zones
dealership)
Option 3 — Require CUP in all C-Zones, Permitted in all M-Zones.
13. Swimming pool
RC, SC
Option 1—Allow as permitted use.
Option 3 — Require CUP for outdoor
sales and service
Option 2 — Require CUP.
display otherwise permitted.
Option 3 — Require CUP for outdoor display otherwise permitted.
14. Dancing, martial
OP, NC; RC, SC,
Option 1—Allow as permitted use.
Option 3- Require AUP.
arts, music, art and
C2, C3
Option 2 — Require an Administrative Review.
similar type schools
Option 3 — Require AUP.
Option 4 - Require a CUP.
15. Medical and
OP, NC, RC, SC,
Option 1 - Allow as permitted use.
Option 1— Allow as permitted use.
dental clinics
C2, C3
Option 2 — Require AUP.
Option 3 — Require CUP.
16. Professional,
OP, NC, RC, SC,
Option 1— Allow as permitted use.
Option 3 — Require a CUP
business and trade
C2, C3, M1, IP,
Option 2 — Require AUP.
schools
Option 3 — Require a CUP
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards\S uses Table.Study chart.doc
Page 3
Table 2 - Proposed Use Matrix Changes
Antiquated Uses
Retail Uses to be
Office Uses to be
Updated Terminology
Uses to be Added
Consolidated
Consolidated
Duplicate Bridge Studios
Antique import stores
Accountants
Copy Shops. —Re ro a hics
Warehouse
Borrow Pits
Apparel shops and
Advertising agency
Hospitals (animal) — Veterinary
Tanning salon
accessories
Hospital
Lapidary Shops
Appliance.stores
Appraisers
Rest Homes and guest homes-
Minor -non -surgical procedures
Skilled Nursing facilities, and
Assisted Livin :facilities CUP
Mail order houses .
Art supply shops
Architects
Storage lots and mini
Accessory body piercing for beauty shop or
warehouse — Public Storage
jewelry store (AR)
facility (CUP)
Bus, rail, and taxi stations
Beauty supply stores
Attorney
Amusement Parks — Outdoor
Movie/video.game rental
Recreation Facility (CUP)
Book Binding
Bicycle shops
Bookkeepers
Monument, and Tombstone
Physical rehabilitation center
sales — Monument, tombstone
and funeral Merchandise
Credit services
Book stores
Consulting services
Skating rinks- indoor recreation
Indoor recreation facilities (CUP)
facilities
Junior Department Stores
Camera shops
Employment agencies
Slot car racing- indoor
Outdoor recreation Facilities (CUP)
recreation facilities
Mining or drilling of natural resources
Candle shops
Engineers and
Dancing, art, music and similar
Urgent Care Facility (CUP)
including buildings and related facilities
draftsman
schools — Studio -Art; dance,
martial arts, music, etc.
Mobile home sales or rentals (outdoor
Candy shops
Escrow services
display) .
Reducing Salons
Clothing and custom
Geologist
rental
Sanitary Landfills
Diaper supply service
Insurance services
i
•
Antiquated uses
Retail Uses to be
consolidated
Office Uses to be
consolidated
Uses to be renamed
Updated Terminology
Scenic highway easement and
recreational corridors
Drapery and
decorating
Investigative services
telephone answering services
Dressmaking shops
Investment services
Theme shopping center
Drug stores
Mortgage services
Trading stamp redemption
Floor covering stores
Planning offices
Assayer
Furniture stores
Real-estate services
Auction houses
Gift, novelty, card,
and souvenir shop
Staff office for sales
and service personnel
Auditorium
Hardware stores
Stock brokers
Circuses, carnivals, and fairgrounds.
Health food stores
Telephone and mailing
business office
Electrical supply stores
Hobby stores
Travel agenc
Retirement homes and convalescent
homes
Jewelry stores
Union and associations
offices
Music stores
Charity offices .
Paint stores
Pottery sales
Record store
Shoe retail
Shoe repair shop
Sign shop
Sporting ood store,
Stamp and coin stores
Stationary stores
Statue sho
Antiquated uses
Retail Uses to be
consolidated
Office Uses to be
consolidated
Uses to be renamed
Updated Terminology
Toy stores
Trophy store
Variety stores
Wholesale or service
business
Wig shop
Yard good stores
s
Additional Review and cleanup of "Nonresidential" Zone Standards, August 11, 2009
Item
Discussion
Options
Recommendation
1. Add accessory
Itopet
Currently the code does not establish standards for kennels as an accessory use to
Option 1 — Leave Code as is (no
Option 3 — Allow only in R-C zones
kennel standards
stores. Staff recently received a. letter from the property management
standard would be established).
with an Administrative Use Permit
the Use Matrix
company that manages the Market Place adjacent to the Lakes because a pet store
Option 2 — Require Conditional Use
or Conditional Use Permit
is interested in locating at the site. They are requesting that accessory kennel be
Permit in all zones.
codified. Staff has included this letter for your review and consideration.
Option 3 — Allow only in R-C zones
with an Administrative Use Permit
Currently the proposed Petsmart is located in the "Regional Commercial" zone.
or Conditional Use Permit
There are currently five areas within the City that are zoned Regional
Commercial and are not adjacent to residential zones. At the Commissions
discretion, a conditional use permit could be required for accessory kennel when
adjacent to a residential zone or only be allowed in the R-C zone with the
approval of a CUP or AUP.
2. Include Outdoor
For restaurants larger than 2,500 square feet, the code currently requires one
Option 1 — Leave Code as is (no
Option 3 — Only allow reduced
seating parking
parking space for every 3.5 permanent seats. The rational behind reducing the
standard would be established).
standards for outdoor seating that is
standards
required parking for outdoor seating is that outdoor seating is used
Option 2 — Require outdoor parking
not covered within a permanent
approximately half the time as often than indoor seating.
standards of 1 parking space for
structure of 1 parking space for
every two fixed seats
every two fixed seats
Historically, outdoor seating requirements has been problematic for those
Option 3 — Only allow reduced
shopping centers with no surplus of parking. A parking reduction for outdoor
standards for outdoor seating that is
seating would allow shopping centers the ability to meet parking requirements.
not covered within a permanent
structure of .1 parking space for every
two fixed seats
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards\Table. Study Session 8.11.09.doc
Page 2
Additional Review and cleanup of "Nonresidential'.' Zone Standards, August 11, 2009
•
Item
Discussion
Options.
Recommendation
3.20% Parking
Due to the number of parking variances processed in conjunction to the 15%
Option 1— Leave code as is (no standard
Option 3 — Adopt 20% reduction for
reduction for centers
parking reduction, staff is proposing to amend the code to allow. the Planning
would be established).
centers 75,000.square feet or more
larger than 100,000
Commission to approve a 20% reduction in the amount of parking required for
Option 2 — Adopt 20% reduction for
square feet
centersthat have at least 75,000 square feet of retail space. Currently, the code
centers 100,000 square feet or more
allows the Planning Commission to approve a 15% reduction in the required
Option 3 — Adopt 20% reduction for
amount of parking for centers that have at least 5,000 square feet of retail space.
centers 75,000 square feet or more
Parking reductions have been approved for the following shopping centers:
West Covina Village, Quail Ridge Shopping Center, Samantha Courtyard, West
Covina Parkway Plaza, Hollenbeck Center, and Seafood City.
4. Add Recording
Currently the code does not include a recording studio use in the use matrix.
Option 1 - Leave. Code as is (no standard
Option 2 - Add recording studio as a
Studio to the Use
Adding "Recording Studio' to the matrix would allow to establish it as a
would be established).
permitted use in all commercial
Matrix
permitted use within the commercial zones.
Option 2 — Add recording studio as a
zones.
permitted use in all commercial zones.
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards\Table. Study Session 8.11.09.doc
Page 2
n
Additional Review and cleanup of "Nonresidential" Zone Standards, November 24, 2009
Item
Discussion
Options
Recommendation
1, Allow Massage
Currently the Code does not allow massage in the Regional Commercial Zone.
Option 1 — Leave Code as is (no
Option 4 — Require conditional use.
parlor/bathhouse in
Staff recently received a letter from Westfield stating their interest in locating a
standard would be established).
permit in R-C Zone in centers
commercial centers
massage use at the Westfield Mall. They are requesting that massage be allowed
Option 2 — Allow as a permitted use
greater than 500,000 square feet.
with a gross floor
in the R-C zone. Staff has included this letter for your review and consideration.
in the R-C Zone.
Area of more than
Option 3 — Require Administrative
500,000 square feet..
The Westfield Mall is located in the "Regional Commercial" zone. There are
Use Permit in R-C Zone in centers
(26-597)
currently five areas within the City that are zoned Regional Commercial. At the
greater than 500,000 square feet.
Commissions discretion, a conditional use permit could, be required for massage
Option 4 — Require conditional use
with the approval of a CUP or AUP in the R-C zone.
permit in R-C Zone in centers
greater than 500,000 square feet.
2. Parking reduction
Currently the code requires one parking space for every 300 square feet of office.
Option 1 — Leave Code as is (no
Option 2 — Adopt a standard to reduce
for business offices.
No allowance is included .in the code for flexibility or reduction in parking
reduction would be established).
parking from one parking space for
larger than 20,000
..requirements. For example, the code requires one parking space per 150 square
Option 2 — Adopt a standard to reduce
every 300 square feet . to one
square feet
feet of medical office with a gross floor area of less than 20,000 square feet. If
parking from one parking space for
parking space for every. 350 square
(26-582 a.3)
larger than 20,000 square feet, the code requires one parking space for every 200
every 300 square feet to one parking
feet for business offices greater than
square feet. This allows for. a parking reduction by right for medical office
space for every 350 square feet for
20,000 square feet.
buildings greater than 20,000 square feet:
business. offices greater than 20,000
square feet.
3. Allow for a
The code allows for an applicant to request a reduction in parking through a
Option 1 - Leave Code as is (no
Option 2 - Require an administrative
reduction in parking
conditional use permit (up to 15%, only for retail uses or for joint use between
standard would be established).
use permit to allow a 5% parking
for retail and/or
primary daytime and nighttime uses). Occasionally circumstances arise where.
Option 2 — Require an administrative
reduction for . office and/or retail
office uses at an
a retail or office center would like to lease space to a medical office or
use permit to allow a 5% parking
parking based on a parking survey of a
administrative level.
restaurant but the code standards determine that request exceeds the required
reduction for office and/or retail
minimum of 14 days conducted by
(26-581)
parking.
parking based on a parking survey
staff.
of.a minimum of 14 days conducted
by staff.
Z:\Case Files\CODE AMEND\2008\08-01 Non -Res Standards\Planning Commission l 1-24-09\Table. Additional Revisions.doc
Page 2
Additional Review and cleanup of "Nonresidential" Zone Standards, November 24, 2009
Item
Discussion
Options
Recommendation
4. Modify required
Previously, the Planning Commission consensus was to require an
Option 1 - Leave code as is, requiring 6
Option 3
—Eliminate the required
condition of approval
administrative use permit (instead of a conditional use permit) for on -sale
month review of the AUP.
condition
and replace it with a
for on -sale alcohol
alcohol in conjunction with a restaurant. The current code requires a six-month
Option 2 —
Eliminate the. required
condition
allowing for review if
service at restaurant.
review of the conditional use permit.
condition.
problems
occur or complaints are
(26-685.100 — 26-685-
Option .3
—Eliminate the required
received.
108)
condition
and replace it with a
condition
allowing for review if
problems
occur or complaints are
received.
Z:\Case Files\CODE AMEND\2008\08-01 Non -Res Standards\Planning Commission I 1-24-09\Table.Additional Revisions.doc
Page 2
� AITTACHIM ENT9
Summary of Proposed Code Changes
1.
2.
Parking Standards
Off -Site Parking - The code amendment would allow an applicant to request to provide
required parking on a non-contiguous site with the approval of a CUP.
Minor Parking Reduction - the code amendment would allow an applicant to request a
parking reduction of up to 5% of required parking with the approval of an AUP.
Joint Use. Parking - current code requires Planning Commission review, but does not
define a process. Code amendment would require a CUP.
Common Facilities Parking Reduction — the code currently .allows a shopping center to
request a 15% parking reduction for retail uses. The code amendment would allow
shopping centers greater than 75,000 square feet to request a 20% parking reduction for
retail uses.
Business Office Parking. Reduction — the code amendment would reduce parking
requirements for office centers greater than 20,000 square feet from one parking space for
every 300 square feet to one parking space for every 350 square. feet.
Outdoor Seating Parking Standard - the code. amendment would .create a parking
standard for open outdoor seating of one parking space for every 5 seats. (Current code
requires one parking space for every 3.5 seats.)
Land Use Matrix
a. Eliminate Specialized Nonresidential Uses ("s" uses) and incorporate new
entitlement process (includes deleting definition (26-63) and calculation info (26-.
582 (P))
Any motor vehicle sales, new or used
including any accessory services (Outdoor
Display)
Auto rentals
Auto repair garage
Auto repair garage including public storage
of vehicles
Boat sales, new/used including service and
repairs (Outdoor display)
Building material sales
Building material sales (outdoor display)
Car Wash
Joint Use Vehicle Parking
Plant nurseries and related package sales or
storage
Truck Rental (not used w/auto dealership)
Swimming pool sales and service
Dancing, martial arts, music, art and similar
type schools
Medical and dental clinics
Professional, business and trade schools
Require CUP for dealerships less than 1-
Acre.
Require a CUP
Allow in the M- zones. and require CUP in
the C-zones.
Require an AUP in the all M-zones.
Require a CUP when adjacent to residential,
and has outdoor display, or permitted
otherwise.
Require CUP when adjacent to residential,
permitted otherwise.
Require CUP in all C-zones, and permitted
in all M-zones.
Require a CUP
Require a CUP
Allow as permitted use.
Require CUP in all C-Zones, .Permitted in
all M-Zones
Require CUP for outdoor display otherwise
permitted.
Require AUP.
Allow as permitted use.
Require a CUP
Z:\Case Files\CODE AMEND\2008\08-01 Non -Res Standards\CC 2-2-10\Summary of Code Changes.doc
1
b. Modified the Entitlement Process
Automated Teller Machines (ATM) Standards not on the premises of a bank = currently
requires a CUP. Proposed code would require AUP.
Restaurants with Alcohol - currently requires a CUP. Proposed code would require AUP.
Restaurants with Outdoor Seating current code is silent, except when in the Outdoor
Uses Overlay Zone. Proposed code would require all restaurants with outdoor seating to
obtain an AUP.
c. General Uses — Add "assembly" and
"manufacturing" to the list of allowed uses
in the M-1 zone. Add "retail" and "office" to the list of allowed uses in the
commercial zone.
d. Removed Antiquated Uses
Duplicate Bridge Studios
Sanitary Landfills
Borrow Pits
Scenic highway easement and recreational
corridors
Lapidary Shops
telephone answering services
Mail order houses
Theme shopping center
Bus, rail, and taxi stations
Trading stamp redemption
Book Binding
Assayer
Credit services
Auction houses
Junior Department Stores
Auditorium
Mining or drilling of natural resources
Circuses, carnivals, and fairgrounds
including buildings and related facilities
Mobile home sales or rentals (outdoor
Electrical supply stores
display)
Reducing Salons
Retirement homes and convalescent homes
e. Consolidated Retail Uses — Eliminate listed uses and add "retail" as an allowed use.
Antique import stores
Apparel shops and accessories
Appliance stores
Art supply shops
Beauty supply stores
Bicycle shops
Book stores
Camera shops
Candle shops
Candy shops
Clothing and custom rental
Diaper supply service
Drapery and decorating
Dressmaking shops
Drug stores
Floor covering stores
Furniture stores
Gift, novelty, card, and souvenir shop
Hardware stores
Health food stores
Hobby stores
Jewelry stores
Music stores
Paint stores
Pottery sales
Record store
Shoe retail
Shoe repair shop
Sign shop
Sporting good store
Stamp and coin stores
Stationary stores
Statue shop
Toy stores
Trophy store
Variety stores
Wholesale or service business
Wig shop
Yard good stores
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards\CC 2-2-10\Summary of Code Changes.doc.
2
L Consolidated Office Uses - Eliminate listed uses and add "office" as an allowed use.
Accountants
Advertising agency
Appraisers
Architects
Attorney
Bookkeepers
Consulting services
Employment agencies
Engineers and draftsman
Escrow services
Geologist
Insurance services
Investigative services
Investment services
Mortgage services
Planning offices
Real-estate services
Staff office for sales and service personnel
Stock brokers .
Telephone and mailing business office
Travel agency
Union and associations offices
Charity offices
g. Updated Terminology — update terms to those more commonly used today.
Copy Shops - Reprographics
Hospitals (animal) — Veterinary Hospital
Rest Homes and guest homes -Skilled
Nursing facilities, and Assisted Living
facilities (CUP)
Storage lots and mini warehouse — Public
Storage facility (CUP)
Amusement Parks — Outdoor Recreation
Facility (CUP)
Monument, and Tombstone sales —
Monument, tombstone and funeral
Merchandise
Skating rinks- indoor recreation facilities
Slot car racing- indoor recreation facilities
Dancing, art, music and similar schools —
Studio -Art, dance, martial arts, music, etc.
3. Requested Land Use Matrix
Warehouse
Tanning salon
Minor -non -surgical procedures
Accessory body piercing for beauty shop or
jewelry store (AR)
Movie/video game rental
Physical rehabilitation center
Indoor recreation facilities (CUP)
Outdoor recreation Facilities (CUP)
Urgent Care Facility (CUP)
Kennels — The current code only allows kennels in the M-1 zone. A request was made by
The Marketplace at the Lakes shopping center to allow accessory kennels to a pet store.
The proposed, code would allow accessory kennels in the R-C zone with the approval of a
CUP.
Massage Parlor/Bathhouse —. The code.only allows massage as a primary business activity
in the M-1 zone. Westfield has requested that primary massage businesses be allowed at
Westfield Shopping Center. The proposed code would allow massage parloribathhouses
in the R-C zone in centers greater than 500,000 square feet with the approval of a CUP.
4. Maintenance Standards
Parking Lot Maintenance Standards - The existing code does not include standards for
determining a threshold for requiring dilapidated and deteriorating surfaces to be
repaired. A maintenance standards are included in the proposed code amendment
allowing code compliance to address cracked, broken, raised or depressed pavement to be
addressed if it is in excess of 10% of the surface area.
ZACase Files\CODE AMEND\2008\08-01 Non -Res Standards\CC 2-2-10\Summary of Code Changes.doc
3
5. Codify Policy
Joint Use Parking Entitlement Process — The code currently requires approval by the
Planning Commission but does not define the entitlement process. The code amendment
would establish the process as a CUP.
Recording Studio Add in the Land Use Matrix with the approval of an AUP.
Common Facilities Entitlement Process (allows reduction of up to 15% for retail uses in
shopping centers) -The code currently requires approval by the. Planning Commission
but does not define the entitlement process. Historically it has been processed as a
precise plan. The code amendment would establish the process as a CUP.
Accessory Massage Uses - The code does not establish standards or an entitlement
process for accessory massage uses. In order to assist business the Planning Department
established policy standards and a process approximately 15 years ago. The code
amendment would codify the existing regulations and process (administrative review
application).
Tutoring Facility policy has been to .treat as "Schools and Colleges". Proposed code
would follow policy of requiring a CUP.
6. Unused Zoning Designation
Eliminate all development standards and references to the Planned Administrative
Research (PAR) zone.
XNOTICE OF PUBLIC HEARING
PURSUANT TO THE LAW AND IN CONFORMANCE WITH THE MUNICIPAL CODE
YOU ARE HEREBY NOTIFIED OF A PUBLIC HEARING OF THE CITY OF WEST
COVINA CITY COUNCIL.
CODE AMENDMENT NO.08-01
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
REQUEST: The proposed code amendment consists of certain amendments to Chapter 26
(Zoning) of the West Covina Municipal Code related to maintenance standards,
land uses, zoning designations, definitions, and clarifications of terms in
nonresidential zones.
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.
If you wish to challenge the action(s) taken on the request(s), you may be limited to raising only
those issues, which you (or someone else) raised orally at this public hearing or in written
correspondence received by the City at or before the hearing.
THE PUBLIC HEARING WILL BE HELD:
PLACE: West Covina City Hall
1444 West Garvey Avenue South
City Council Chambers - Level One
DATE: February 2, 2010
TIME: 7:00 p.m.
If you have any questions, we urge you to contact Ron Garcia at (626) 939-8765 or Room 208, at
City Hall.
Only through citizen participation can your government build a better City.
Date: January 20, 2010 BY ORDER OF THE
CITY COUNCIL OF THE
CITY OF WEST COVINA
Z:\Case Files\CODE AMEND\2008\08-01 Non -Res Standards\CC 2-2-10\NOTICE OF PUBLIC HEARING.doc
Story #22314 System LANGZ 0 by S811 Time 9:21:18 Oe 1/19/10
Ad # Filmed 1/19/10 at 9:21:18 by S811
NOTICE OF PUBLIC HEARING
PURSUANT TO THE LAW AND IN
CONFORMANCE WITH THE
MUNICIPAL CODE YOU ARE
HEREBY NOTIFIED OF A PUBLIC
HEARING OF THE CITY OF WEST
COVINA CITY COUNCIL.
CODE AMENDMENT NO. 08-01
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
REQUEST: The proposed code
amendment consists of
certain amendments to
Chapter 26 (Zoning) of
the West Covina
Municipal Code related
to maintenance
standards, land uses,
zoning designations,
definitions, and
clarifications of terms
in nonresidential zones.
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.
If you wish to challenge the action(s)
taken on the request(s), you may be
limited to raising only those issues,
which you (or someone else) raised
orally at this public hearing or in
written correspondence received by
the City at or before the hearing.
THE PUBLIC HEARING
WILL BE HELD:
PLACE: West Covina City Hall
1444 West Garvey Avenue
South
City Council Chambers -
Level One
DATE: February 2, 2010
TIME: 7:00 p.m.
If you have any questions, we urge
You to contact Ron Garcia at (626)
939-8765 or Room 208, at City Hall.
Only through citizen participation can
Your government build a better City.
Date: January 20, 2010
BY ORDER OF THE
CITY COUNCIL OF THE
CITY OF WEST COVINA
Publish: January 21, 2010
San Gabriel Valley Tribune Ad#22314
t
Page 1
P-1