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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