12-21-2010 - Code Amendment #09-06 - Recycling Facility Standards & Procedures for Hearings, Revocations & Appeals-Code Update• City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager AGENDA
and City Council ITEM NO. 13
DATE December 21, 2010
FROM: Jeff Anderson, Acting Planning Director
SUBJECT: CODE AMENDMENT NO.09-06
RECYCLING FACILITY STANDARDS AND PROCEDURES FOR
HEARINGS, REVOCATIONS AND APPEALS -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 RECYCLING CENTERS/MATERIALS
RECOVERY FACILITIES/SOLID WASTE TRANSFER AND PROCESSING
CENTERS STANDARDS AND PROCEDURES, HEARINGS, NOTICES, FEES
AND CASES (CODE AMENDMENT NO.09-06)
DISCUSSION:
The Planning Commission initiated Code Amendment No. 09-06 to consider modifying recycling
facility standards and to consider revising the current standards for revocation and appeal
procedures. Neither section of the code has been updated since the late 90's. '
The Recycling Centers/Materials Recovery Facilities/Solid Waste Transfer and Processing Centers
section of the code was originally adopted in 1987. It was adopted to address the statewide concern
regarding recycling and waste diversion.
The Procedures, Hearings, Notices, Fees and Cases section of the code establishes procedures for
the various application processes in the Zoning code. Included in these procedures are
requirements for appeals of administrative or Planning Commission decisions. Furthermore, this
section of the code establishes revocation procedures for business use approvals for conditional use
permits, administrative use permits and administrative reviews.
The following changes are proposed for the Recycling Centers section of the Zoning Code.
1. Process to Allow a Small Collection Facility. The current code requires an approval through
an, administrative review. The proposed amendment would require the approval of an
administrative use permit for a Small Collection Facility (formerly a Recycling Center).
2. Separation of Small Collection Facility and Residences. Increase the separation of a Small
Collection Facility from residential uses from 100 feet to 250 feet.
3. Weekend and Holiday Hours. Reduce weekend and holiday hours of operation for Small
Collection Facilities from 8:00 am - 7:00 pm to 10:00 am — 6:00 pm.
4. Allowed Location for Small Collection Facilities. Currently there is no standard for where
small collection facilities would be located. The proposed code would allow, Small
Collection Facilities only on property that has a market greater than 30,000 square feet.
5. Screening Requirement. Require Small Collection Facilities to be screened from public
streets. The current code does not contain any standards for screening.
6. 24-Hour Drop-off For Recyclables. Delete 24-hour drop off for and mobile recycling unit
standards from the Code as it does not appear to be a safe or clean manner to allow for
recycling.
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Code Amendment No. 09-06
Recycling Facility Standards and Procedures for Hearings, Revocations and Appeals Code Update
December 21, 2010 - Page 2
7. Parking Space Requirement. Eliminate the standard requiring a Small Collection Facility to
occupy no more than five parking spaces and add a standard that such facilities do riot create a
parking deficit.
8. Add Uses in Land Use Matrix. The various types of Recycling Center use categories have
been added to the Land Use Matrix.
The modifications to the Procedures, Hearings, Notices, Fees and Cases section of the code
primarily updates the code to comply with current legal requirements for processing revocations.
The proposed modifications to this section were prepared by the City Attorney's office. The
following is a summary of the proposed revocation standards.
1. A requirement that the Planning Commission will be the hearing body for all permits
approved by the Planning Director and the Planning Commission. Currently, items approved
by the Planning Director require review by a hearing officer (staff) and can then be appealed
to the Planning Commission. The proposed change reduces the number of appeals possible,
the number of revocation hearings that canoccur, and the time and resources it takes to
revoke a permit.
2. Grounds for revocation. The current code does include most of the grounds that can be used
to revoke a permit. The proposed revision adds the following.
(a) The development entitlement dependent thereon has been revoked or suspended.
(b) The use is being operated in violation of any federal, state or local law which results
in detriment to the public health, safety or welfare.
3. Process for initiating revocation proceedings. The proposed code amendment indicates that
the City Council, Planning Commission, or Planning Director can initiate a revocation.
4. Guidelines for notice of hearing for Conditional Use Permits and Administrative Use
Permits. In the case of revocations, the current code is silent on requirements for notification.
The notification requirements were those of standard public hearings. The draft ' code
amendment establishes notification requirements specific to revocation, and requires
notification for the revocation of permits that do not require notification for approval
(Administrative Reviews).
5. Standards for hearing notice content. The draft code amendment enumerates the information
required to be included in the revocation hearing notice.
6. Hearing procedures and standards. The current code does not specify procedures for how a
revocation hearing process is to occur. The draft code establishes standards for officiating the
hearing, witnesses, evidence, and recording the hearing.
7. Requirements for. notification of a decision by the hearing board. The proposed code
amendment states that the decision of the hearing board be in writing and within a timely
manner (generally 30 days after the hearing).
8. Procedures for appeals of the decision of the hearing board. The draft code amendment
includes a 10-day appeal period, requirement for payment of an appeal, and requires the
appellant to share the cost of the preparation of the administrative record (such as a
transcript).
9. Procedures and guidelines for decision of the City Council on appeal. The new standards
establish procedures for the City Council hearing and decision.
10. Limiting the number of appeals. The draft code amendment limits the number of appeals by
having the Planning Commission be the first hearing body rather than at staff level.
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Code Amendment No. 09-06
Recycling Facility Standards an rocedures for Hearings, Revocations and Appea s Code Update
December 21, 2010 - Page 3
11. Limiting the appeal to review of the decision rather than a new hearing. The new standards
do not require,a full revocation hearing before the City Council upon appeal, rather, the City
Council will review the decision of the Planning Commission.
12. Procedures for preparation and payment for the record on appeal. The new code requires
the appellant to pay half the cost of the administrative record and requires that payment be
received or the appeal process terminates.
13. Standards for terminating revocation procedures. The draft code amendment allows for the
termination of revocation proceedings if the nuisance is resolved or the operation ceases.
In addition to the revision to the revocation standards, there are also other proposed revisions to the
Procedures, Hearings, Notices, Fees and Cases section of the code. These include the following
revisions.
1. Mailing Notice to Applicant/Agent. Adds requirement that the public hearing notice be
mailed to the applicant or his/her agent, and the property owner.
2. Notification of Utilities and Local Agencies. Adds standard for notification of utilities and
agencies that provide facilities and services to the subject property.
3. Appeals of Staff Level Decisions. In cases where a staff decision has been appealed to
Planning Commission and there is a further appeal to the City Council, the City Council
would have the ability to determine if they desire to hear appeal or let the Planning
Commission decision stand.
4. 10-Day Appeal Period for All Cases. Revises appeal periods so that all applications have a
10-day appeal period.
5. Clarifies Conclusion When 10'" Day Falls on A Weekend. Includes language specifying
appeal deadlines in cases where City Hall is closed on the last day of appeal.
6. Clarifies That Appeal Public Hearings Will Occur Even If Appellant Withdraws. Clarifies
that appeal hearings will occur once notification has been mailed to area residents, even if the
appellant withdraws the appeal.
7. Appeal Time Period. Increase the number of days to hear an appeal to the City Council from
30 days to 45 days from the date of filing of the appeal. This allows more flexibility in
scheduling appeals, especially in situations where the Council goes dark.
The proposed changes include clarifying requirements,. revising location standards, and clarifying
the entitlement process for recycling facilities. Additionally the changes also include establishing
procedures for notices, appeals, and revocation proceedings that are consistent with current law.
The proposed code text is attached to the resolution for your review (Attachment 1).
PLANNING COMMISSION DISCUSSION AND RECOMMENDATION:
The Planning Commission initiated the code amendment on December 8, 2009. Study sessions to
consider potential changes to the code were held on June 8, 2010, and October 12, 2010. The
Planning Commission held a public hearing on October 12, 2010. The Planning Commission
recommended approval of the code amendment 5-0. In making the recommendation, the
Commission discussed that the recycling standards and procedural standards needed to be revised
based on current land use practices and legal standards.
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Code Amendment No. 09-06 .
Recycling Facility Standards and Procedures for Hearings, Revocations and Appeals Code Update
December 21, 2010 - Page 4
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
Planning Associate
Revie e Approved by: Jeff Anderson
Acting Planning Director
Attachments:
Attachment 1
— Draft Code Amendment Ordinance
Attachment 2
— Planning Commission Resolution No. 10-5389
Attachment 3
— Planning Commission Staff Report, October 12, 2010
Attachment 4
— Planning Commission Minutes, October 12, 2010
Attachment 5
— Summary of Proposed Code Changes, October 12, 2010
Attachment 6
— Recycling Center Chart, October 12, 2010
Z:\Case Files\CODE AMEND\2009\09-06 Amendment to Recycling Centers\CC\CC Staff Report.doc
ORDINANCE NO,. -ATTACHMENT 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE BY AMENDING NOTICE AND
APPEALS PROVISIONS AND ADDING REVOCATION PROCEDURES
FOR CERTAIN ZONING ENTITLEMENTS (CODE AMENDMENT NO.
09-06)
WHEREAS, Code Amendment No. is a City -initiated code amendment
regarding issues related to notice, appeals and revocation of certain zoning entitlements; and
WHEREAS, the Planning Commission, upon giving required notice, did on
conduct a duly advertised public hearing as prescribed by law, at which
time the Planning Commission adopted Resolution No. recommending to the City
Council approval of Code Amendment No. ; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at the duly noticed City Council
public hearing held on
NOW THEREFORE, the City Council of the City of West Covina does ordain as
follows:.
SECTION NO. 1: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA). Pursuant to 14 California Code of
Regulations, Sec. 15061(b)(3) the City Council finds that it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment,
and therefore the activity is not subject to CEQA.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves Code Amendment No. to amdnd
Article VI of Chapter 26 and to add Division 12 to Article VI of Chapter 26 (Revocation
Procedures) of the West Covina Municipal Code to read as shown on Exhibit "A" attached
hereto and incorporated herein by reference.
SECTION NO. 3: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion
thereof other than the section so declared to be unconstitutional or invalid
SECTION NO. 5: The City Clerk shall certify to the passage of this Ordinance and it
shall be published as required by law.
PASSED AND APPROVED on this day of , 2010.
Mayor
ATTEST:
City Clerk
1
CC. Ordinance. ExhibitA
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 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 51h day of July, 2005. That, thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 191h day of July 2005.
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
2
CC.Ordinance. ExhibitA
EXHIBIT A
SECTION 1. Section 26-206 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding notice of hearings, is amended to read as follows:
"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 applicant or his/her went, the
owner of the property and 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) Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to each local agency expected to provide water, sewage, streets, roads, schools, or
other essential facilities or services to the project, whose ability to provide those facilities
and services may be significantly affected.
(43) 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, sign exception review; outdoor uses
within the outdoor uses overlay zone, wall and fence height increases, and canopy structures.
CC. Ordinance. ExhibitA
0 •
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."
SECTION 2. Section 26-211 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding effective date of decisions, is amended to read as follows:
"Sec. 26-211. Effective date of planning commission decision.
(a) 'All decisions of the planning commission except recommendations for general plan
amendments, ME! recommendations rep: ardinge-I �-;74 zoning amendments and
recommendations regarding, zone changes shall become final and effective after the expiration
of the appeal period as set forth in section 26-212, below.
(b) Recommendations regarding zoning amendments or zone chan'.Y es shall be
transmitted to the city council who shall conduct a duly advertised public hearing on the matter
within forty-five (45) days following receipt of the resolution. 14.eeonxr t1dallions
ehalige sliall be !;led N.W.
(c) Recommendations approving or denying general plan amendments shall be transmitted to
the city council who shall conduct a duly advertised public hearing on the matter."
SECTION 3. Section 26-212 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding appeal procedures, is amended to read as follows:
"Sec. 26-212. Appeal procedure.
(a) Appeals may be submitted by anyone, must be in writing. must include specific reasons for
the appeal, and must be accompanied by the fee set by city council resolution. and the iiia, t:.
cliptia+sti€ ;z�-iew l�c> 1 i+ +: l i;� 1-Eta-tl pla* i+ +rm�i ►+r d �isiF-t�#:.. 1:h
ray- be-- ppe-4ed la tile ' t . St+c l}-yin appeal -�; i+. l r-z l t
(b) Decisions of the planning director or administrative review board or planning
commission subcommittee for design may be appealed to the planning commission The
decision of the planning commission on the appeal is final, unless after written request is
made to the city° council, the city council approves the request for appeal to the city council
(e) dDecisions of the planning commission may be appealed to the city council. except as
Provided in subsection (b).
(d) A timely appeal Sloe, an ap„t suspends and sets aside the decision of the lower authority.
(1) Appeals of planning director or administrative review board decisions must be
submitted to the planning division no more than ten (10) calendar days after approval of a
written decision, unless otherwise provided in this code.
(2) Appeals of planning director decisions regarding administrative use permits and
sign administrative reviews must be submitted, to the planning division no more than ten seN,eri
(710) calendar days after approval of.a written decision.
(3) Appeals of planning commission decisions and written requests for an appeal
hearing by the city council must be submitted to the city clerk no more than ten (10) calendar .
days after adoption of a resolution of approval or denial._:
,ztli lie .p l' al t ilhi t r:) t t a
(4) The appeal period commence` on the day after apprm!al of a written decision
and ends at the close of the business day on the tenth calendar day, including the (hm, of
commencement.. If the tenth day falls on a day that the City is closed to business, the
period is extended to the close of the business day of the next day the City is open for
business.
4
CC. Ordinance. Exh ibitA
0 •
(e) Croce an appeal has been properiv and tinjeIy filed and notice of the hearing has been
mailed or published, the appeal may not be withdrawn without the consent of the body to
which the appeal has been made.
.(14 The city council or planning commission, as the case may be, shall conduct a public
hearing on the appeal within }t�r,R, y (- O) forty-five (45) days from the film., of the appeal or
approval of a request for an appeal hearing.Elate olIlie appeal, or as otherwise
specified by the city council or• planning commission,+►r agireed upon by the appealing, party.
`notice of the public hearing shall be given as provided in section 26-206.
(eg) When considering an appeal, the city council or planiihig commission shall hear the
appeal as a de novo hearing. The city council or planning commission may approve, of: --deny
or modifiy the matter appealed. the , „d„tion of the „ lanni,,,.. „a;r.
t+, „t
SECTION 4. Section 26-213 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding notice of hearings, is deleted.
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SECTION 5. Section 26-229 of Division 2 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding findings for a precise plan, is amended to read as follows:
"Sec. 26-229. A,,,,, -oval . +:; del t ;-Required findings for a precise plan.
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(a) The proposed development plans and the uses proposed are consistent with the General
Plan and any applicable specific plan.
(b) The proposed development is consistent with adopted development standards for the
ztn►e and compliesy6th all other applicable provision of the Municipal Coda.
CC.Ordinance. ExhibitA
(c) Granting the permit would not be detrimental to the public interest, health, safety, and
welfare and would not unreasonably interfere with the use or enioyment of property in
the vicinity of the subject property.
(d) The site is physically suitable for the type, density and intensity of the development
beint proposed, including vehicle access and circulation.
e The proposed development plans and the uses proposed are consistent with the General
Plan and anv applicable specific plan."
SECTION 6. Section 26-253 of Division 3 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding revocation of conditional use permits, is amended to read as follows:
"Sec.26-253. Revocation.
Revocation of conditional use permits shall be conducted in accordance with the
procedures contained in Division 12 of Article VT of Chapter 26 of this code."
(a) -Tile Plariflifl.,-6e1111li sion may revoken , e0ilditional , se Permit ,
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SECTION 7. Section 26-273 of Division 5 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding revocation of administrative use permits, is amended to read as
follows:
"Sec.26-273. Revocation.
Revocation of administrative use permits shall be conducted in accordance with the
procedures contained in Division 12 of Article VI of Chapter 26 of this code."
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CC.Ordi nance. Exh ib itA
SECTION 8. Section 26-296.1700 of Division 11 of Article VI of Chapter 26 of the West
Covina Municipal Code, regarding revocation of administrative review approvals, is amended to
read as follows:
"Sec.26-296.1700. Revocation.
Revocation of administrative review approval shall be conducted in accordance N ith
the procedures contained in 1ivision 12 of Article VI of Chapter 26 of this code."
{;(i}-=1=die-mow ia��-k-��►:rE�t�t�+l-l?-t- #=r-at�l;-�- .
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SECTION 9. Division 12 of Article VI of Chapter 26 of the West Covina Municipal Code,
regarding revocation procedures, is added to read as follows:
"DIVISION 12. REVOCATION PROCEDURES
Sec. 26-297.02. Applicability.
The provisions of this Division 12 shall apply to the revocation of Conditional Use
Permits, Administrative Use Permits and Administrative Reviews. Revocation shall
include amendment or modification of a permit which may result from a revocation
proceeding.
Sec. 26-297.04. Revocation hearing body.
a) The Planning Commission shall hear revocation nroccedings for all hermits and
approvals issued by the Planning director.
(b) The Planning Commission shall hear revocation proceedings for all permits and
approvals issued by the Planning Commission, either in its initial hearing capacity, or on
appeal to the Planning Commission.
(c) The City Council shall hear revocation proceedings for all permits and approvals issued
by the City Council, either in its initial hearing capacity, or on appeal to the City Council.
Sec. 26-297.06. Grounds for revocation.
The hearing body may revoke, amend or suspend a Conditional Use Permit,
Administrative Use Permit or Administrative Review ("permit") upon finding that:
(a) The use is detrimental to the public health, safety or welfare or is a nuisance; or
(b) The permit was obtained by fraud; or
(c) The use has not been exercised prior to the expiration date of the permit; or
(d) The use has ceased or been suspended for a period of six (6) months or more; or
(e) The conditions of approval have not been complied with; or
7
CC. Ordinance. ExhibitA
(f) The required findings for the permit have been violated; or
(g) The use is not being operated in the manner or for the purpose contemplated by the
approval of the permit.
(h) The development entitlement dependent thereon has been revoked or suspended.
(i) The use is being operated in violation of any federal, state or local law which results in
detriment to the public health, safetv or welfare.
Sec. 26-297.08. Initiation of revocation proceedings.
Revocation proceedings may be initiated by a majority vote of a quorum of the Citv
Council or the Planning Commission or by the planning director.
Sec. 26-297.10. Notice of Hearing.
Notice of a revocation hearing for a Conditional Use Permit shall be given as
follows:
(a) 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
(1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to each local agency expected to provide water, sewage, streets, roads, schools, or
other essential facilities or services to the project, whose ability to provide those facilities
and services may be significantly affected.
(2) A notice of public hearing shall be mailed to the permitee or his/her agent, the
owner of the property and 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 00) days
prior to the date of the public hearing.
(3) The cost of noticing shall be paid by the Citv.
b) Notice of a revocation hearing for an Administrative Review shall be Given as follows:
(1) A notice of public hearing shall be mailed to the permitee or his/her agent, the
owner of the property and 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
rior to the date of the public hearing
(2) The cost of noticing shall be paid by the City.
(c) Notice of a revocation hearing for an Administrative Use Permit shall be given as
follows:
(3) Notices shall be mailed to the permitee, property owners and occupants of the
subiect site and all properties within a radius of three hundred (300) feet of the exterior
boundaries of the subject site. The notices shall be mailed at least ten (10) days prior to the
date of the public hearing.
(4) The cost of noticing shall be paid by the City.
Sec. 26-297.1.2. Contents of hearing notice.
'.Fhe notice of revocation hearing shall be in writing and shall contain at least the followin
information:
(a) The street address and general description of the property or premises for which the
permit has been issued. A map may be included.
(b) The name of the permit holder.
(c)_A description of the type of permit and a eeneral description of the activities apnroved
by the permit.
CC.Ord finance. ExhibitA
(d) A statement that the hearing will consider revocation of the permit, or in the alternative
alteration or modification of the permit and/or the conditions of the permit.
(c) The date, time and location of the hearing.
(f) The grounds for the revocation of the permit.
(g) A statement that the permitee may represent himself/herself, or be represented by legal
counsel or anv other person of his/her choice.
(h) A statement that the permitee may present evidence, testimony and witnesses in defense
of the revocation of the permit.
Sec. 26-297.14. Conduct of the hearing
(a) Revocation hearings shall be noticed public hearings open to public participation.
(b) "The hearing body shall act as an independent arbiter in the conduct of the hearing,
procedures, presentation of evidence, review of evidence and issuing a decision. The
Chairman/Mayor shall make determinations on procedure, witnesses and evidence. The
Chairman/Mayor may be assisted by a member of the Citv Attornev's office or other
counsel who has not participated in the preparation or presentation of the cause for
revocation of the permit.
(c) The city staff, city attorney or other city, representative shall first present the evidence
for the cause for revocation. After the city presentation is complete, the permitee may
present evidence in opposition to revocation. After the city representative and the permitee
have completed their presentations, members of the public may speak for or against the
revocation. The order and timing of presentations may be altered by the hearing Body in
the interests of an orderly, timelv and fair hearing or for the reasonable convenience of the
witnesses or parties. The hearing board may continue the hearing from time -to -time
.without further public notice.
(d) Formal rules of evidence need not be followed. All witnesses shall be sworn or unsworn
at the discretion of the bearing body.
(e) Cross-examination of witnesses is not required unless, in the discretion of the hearing
body, cross-examination is necessary to provide a fair hearing and due process of lavw.
Cross-examination of members of the public who speak shall not be allowed unless the
hearing body determines that cross-examination is necessary to avoid a prejudicial denial
of due process. .
(f) Documents should be identified and labeled in an orderly fashion when submitted to the
hearing board.
(g) The hearing board shall tape record the oral proceedings before the hearing board.
The tape recordings shall be maintained for 30 days after the time for anv appeal has
expired. If a timely appeal is not filed, the tape recordings may be destroyed.
(h) All documents, testimony, and other evidence presented to and accepted by the hearing
board shall constitute the administrative record upon which the hearing board shall make
its decision. The administrative record shall include evidence submitted to the hearing
board but not accepted by the hearing board.
(i) The representatives of the cause for revocation shall be allowed to present final
argument to the hearing board followed by final argument by the representative for the
permitee. Rebuttal argument or re -rebuttal argument shall only be allowed at the
discretion of the hearing board.
Sec. 26-297.16. Decision of the hearing board
a) At the conclusion of the hearing, or at anv time thereafter, the hearing board shall
deliberate the merits of the cause for revocation. Deliberations of the hearing board shall
be conducted. at a meeting open to the public, but need not be conducted at a noticed public
hearing. Deliberations shall be solely among the hearing board members, unless the
hearing board invites other persons to participate.
(b) The hearing board may revoke the permit, amend, alter or modify the permit or impose
new or additional conditions, all as reasonably related to mitigation or elimination of the
grounds asserted for the revocation.
CC. Ordinance. ExhibitA
(c) The decision of the hearing board sliall be in writing, supported by findings, and
approved by the hearing board within 30 days of the close of the hearing, or at the next
regular meeting of the hearing board immediately following such 30 day period.
c( I) Upon approval of the decision by the hearing board, the decision shall be sent to the
permitee by mail, fax or email.
Sec. 26-297.18. Appeal of hearing board decision.
(a) Appeals from decisions of the planning commission sitting as the revocation hearing
board may be submitted to the City Clerk by anv interested party within ten (10) days of
approval of the written decision of the hearing board. Decisions of the City Council sitting
as the revocation hearing board are not appealable.
(b) The appeal must be in writing, must include specific reasons for the appeal, and must
be accompanied by the fee set by city council resolution for such appeal. Such an appeal
suspends and sets aside the decision of the lower authority.
(c) Within five (5) working days of the receipt of the appeal the City Clerk shall estimate
the cost of preparation of the administrative record and send written notice to the
appealing party that they must deposit one-half of the estimated cost of preparation of the
administrative record with the City Clerk within ten (10) calendar days of the mailing (late
of the notice. Failure of the appealing partv to timeiv deposit such one-half of the
estimated cost shall be a waiver anti termination of the appeal.
(d) The cost of preparation of the administrative record shall include c��sts of preparation
and duplication of all documentary and tangible evidence and the transcription of the oral
portion of the hearing. The transcription of the oral portion of the hearing shall be
performed by an independent professional transcription service chosen by the Citv Clerk
(e) Upon the completion of the preparation of the administrative record, including the
transcription of the oral proceedings, the City Clerk shall determine the actual costs of
Preparing the administrative record. Upon such determination of costs the Citv Clerk shall
send written notification of the actual costs of the preparation of the administrative record
to the appealing party. The notice shall advise the appealing party that it must pav one-
half of the actual costs of preparation of the administrative record within ten calendar days
of sending of the notification, and that if,such pavment is not timely received by the Citv
Clerk, the appeal will be deemed waived and terminated. If the deposit of the estimated
cost of preparation of the administrative record meets or exceeds the actual cost, payment
will be deemed to have _been timely made, and anv overage will be refunded to the
appealing party.
(f) Upon receipt of the required Payment from the appealing part. the City Clerk shall
send written notice of the time and place of the review of the appeal by the City Council to
the appealing party and the city's representative. The appeal sliall be heard by the City
Council within forty (40) calendar days of the pavment of the required fees, or such
additional minimal time as needed to meet the schedule of available City Council meetings.
The notice shall contain:
(1) The time and location of the Citv Council meeting at which the appeal will be
reviewed.
(2) The name of the annealing party and the name of the permitee
(3) The address of the propertv,.if any is involved in the appeal
(4) A statement that the appealing party may present written or oral argument to
the City Council based on the administrative record. Written arguments must be filed with
the City Clerk and received by the other parties to the appeal at least fifteen (15) calendar
days prior to the (late of the City Council meeting. Written rebuttal arguments by any
party to the appeal must be filed with the City Clerk and delivered to all other parties to
the appeal at least 7 calendar days prior to the date of the Citv Council meeting Oral
argument and rebuttal argument may be presented at the City Council meeting
(g) The city council shall determine the appeal based on their review of the administrative
record. The review shall occur at a regularly noticed City Council meeting and shall not
require a noticed public hearing. The appealing party shall be given the opportunity to
present written or oral arguments to the City Council. The city's representative shall be
given the opportunity to present written or oral rebuttal argument to the City Council.
10
CC. Ordinance. ExhibitA
0 0
(h) if the appealing party, is not the permitee or there is more than one appealing party, the
following rules shall apply:
(1) The appealing party, the permitee and the cit shall be referred to as "parties to
the appeal."
(2) Each part- to the appeal shall pay their proportionate share of the cost of
Preparation of the administrative record. If the appealing party does not timely pay their
proportionate share of such costs, the appeal shall be waived and terminated. If any other
party to the appeal does not timelv pav their share of such costs, the non-paying part! shall
not be entitled to participate in the appeal process, but shall remain liable to the city for
their share of the costs of preparation of the administrative record.
(3) All notices shall be sent to all parties to the appeal.
(4) Arguments may be presented by the appealing varq, and rebuttal arguments,
may be presented by any other parties to the appeal. All written arguments and rebuttal
arguments shall be delivered to all other parties to the appeal.
Sec. 26-297.20. Decision of the Citv Council on appeal.
a) At the conclusion of the meeting, or at anv time thereafter, the Citv Council shall
deliberate the merits of the cause for the appeal. Deliberations of the City Council shall be
conducted at a meeting open to the public, but need not be conducted at a noticed public
hearing. Deliberations shall be solely among the Citv Council members, unless the Citv
Council invites other persons to participate.
(b) The City Council may revoke the permit, amend, alter or modify the permit or impose
new or additional conditions, all as reasonably related to mitigation or elimination of the
grounds asserted for the revocation.
(c) The decision of the City Council shall be in writing, supported by findings, and
approved by the City Council within 30 days of the close of the meeting, or at the next
regular- meeting of the City Council immediately following such 30 day period.
(d) Upon approval of the decision by the City Council, the decision shall be sent to the
permitee by mail, fax or email.
Sec. 26-297.22. Termination of proceedings.
(a) The planning director may recommend to the hearing body termination of the.
revocation proceedings anytime during the hearing process or the appeal process if the
planning director determines that:
(1) The grounds for the revocation have been satisfactorily corrected by the
permitee.
(2) The permitee has voluntarily ceased the use for which the permit was issued.
(3) The permitee has ceased the activit° which was the grounds for the revocation
and provided a written relinquishment of the permit to the planning director.
(4) The permitee has reached a written settlement agreement with the cit' which
will protect the public health, safety and welfare.
(5) There exists other good cause for termination of the revocation proceedings.
(b) After due consideration of the recommendation of the planning director, the hearing
body may approve the termination of the revocation proceedings by a majority vote of a
quorum of the hearing body.
(c) The hearing body may, on its own initiative, and for good cause, terminate anv
revocation proceedings by a ma.)ority vote of a quorum of the hearing body."
11
CC. Ordinance. Exh i bitA
0 0
SECTION 10. Section 26-597 of Division 3 of Article X of Chapter 26 of the West Covina
Municipal Code, regarding the land use matrix, is amended to read as follows:
Sec. 26-597. Service, trade, cultural, public and private uses (except industrial or
manufacturing).
No building or improvement or portion thereof shall be erected, constructed, converted,
established, altered or enlarged, nor shall any lot or premises be used except for one or more of
the following purposes. All such uses shall be within an enclosed building unless specifically
stated otherwise. Uses specifically noted as "(Outdoor Display)" are allowed providing all
functions other than display are at all times conducted within an enclosed building.
* Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is allowed by right.
c Indicates stated use is allowed by conditional use permit.
p Indicates stated use is allowed subject to administrative review and approval by the planning
director.
a Indicates stated use is.allowed by administrative use permit.
b Indicates stated use is allowed by adult oriented business permit.
TABLE INSET: (Partial Table)
R
R
M
M
M
M
O
N
R
'S
C
C
M
I
P
A
1
8
15
20
5
P
C
C
C
2
3
1
P
B
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
--
individually in sec. 26-597)
E
e
E
E
e
E
e
e
Recycling Centers
Small collection facilities
not in conjunction with
materials recovery
facility or solid waste
a
a
a
a
a
a
a'
transfer and processing
station (See Section 26-
685.91)
Recycling Centers
Reverse vending
machine(s)/bulk reverse
a
a
a
a
a
a
a
vending machine
Recycling Centers
Reverse vending
machine(s) located
within or under the roof
x
x
x
x
x
x
x
line of a commercial
structure
Recycling Centers
Materials recovery
c
c
facility
Recycling Centers
Solid waste transfer and
c
c
processing stations
Religious facility
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
his section as retail
providing all storage of
x
x
x
equipment shall be
;eptal
ithin an enclosed building
12
CC. Ordinance. ExhibitA
R
R
M
M
M
M
O
N
R
S
C
C
M
I
P
A
1
8
F
O
F
P
C
C
C
2
3
1
P
B
unless45
specifically stated
otherwise.
Reprographics
x
x
x
x
x
x
x
x
Restaurant
x
x
x
x
x
x
Restaurant with Alcohol
(see art. XII, div. 15)
a
a
a
a
a
a
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
Riding stables and riding
schools (7 acres minimum
c
c
--
site)
oominghouse
c
c
c
c
c
c
--
SECTION 11. Division 14 of Article XII of Chapter 26 of the West Covina Municipal Code,
regarding the recycling center, is amended to read as follows:
"Sec.26-685.90. Purpose.
The purpose of this division is to address the critical statewide issue of diminishing landfill
capacity. Consistent with the waste diversion goals and objectives adopted as part of the city's
source reduction and recycling element, this division is intended to conserve, to the extent
possible, remaining landfill capacities, by promoting an integrated waste management approach
whereby each waste stream is handled in the most efficient and environmentally sound manner
and providing the public with convenient recycling and/or disposal alternatives. This division
further seeks to guarantee the adequacy of the site for the proposed use and ensure the protection
of the surrounding properties through review and consideration of physical design and
compatibility with surrounding properties.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92)
Sec.26-685.91. Definitions.
[As used in this article the following words and terms shall have the meanings respectively
ascribed:] _
Composting shall mean a method of waste treatment in which organic solid wastes are
biologically decomposed under controlled, aerobic or anaerobic conditions.
Materials recovery facility or MRF shall mean a permitted solid waste facility where solid
wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the
purpose of recycling or composting.
Recyclable material shall mean reusable material, including, but not limited to, metals, glass,
plastic and paper, which may be intended for reuse, remanufacture or reconstitution. Recyclable
material does not include solid waste or hazardous materials. Recyclable material may include
used motor oil collected and transported in accordance with Sections 52250.11 and
25143.2(b)(4) of the California Health and Safety Code.
Recycle shall mean the process of collecting, sorting, cleansing, treating, and reconstituting
materials that would otherwise become solid waste, and returning them to the economic
mainstream in the form of raw material for new, reused, or reconstituted products and not
intended for disposal.
Small collection facility Reeyeling cc;:'c as distinguished from a MRF shall mean a facility for
the collection and acceptance by donation, redemption of purchase of recyclable materials. As
used herein, such a facility does not occupy an area of more than five hundred (500) square feet
unless operated on the same site and in conjunction with a materials recovery facility or solid
waste transfer station. A recycling center does not include storage containers or collection
activity located on the premises of a residential, commercial, or manufacturing use and is used
solely for the recycling of material generated by that residential property, business or
manufacturer and not held out for public use.
13
CC. Ordinance.ExhibitA
0 r
Small Collection Facilities Reeyeling centers are further defined to include but are not limited to
these following specific types:
(1) Buy back recycling center shall mean a recycling facility which pays a fee for the delivery
and transfer of ownership to the facility of source separated materials for the purpose of
recycling or composting.
(2) Drop-off center shall mean a facility which accepts delivery or transfer of ownership of
source separated materials for the purpose of recycling or composting without paying a fee.
uavu ivr ,
(4) (3) Reverse vending machine(s) shall mean an automated mechanical device which accepts
at least one (1) or more types of empty beverage containers, including, but not limited to
aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip
with a value not less than the container's redemption value as determined by the state.
(5)L4 _Bulk reverse vending machines shall mean a reverse vending machine that is larger than
fifty (50) square feet, is designed to accept more than one (1) container at a time, and will pay by
weight instead of by container.
Solid waste shall mean all putrescible and nonputrescible solid, semi -solid, and liquid wastes,
including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semi -solid wastes, and other discarded solid and semi-
solid wastes.
Solid waste transfer or processing station or transfer station shall mean a facility as defined
and permitted under state law used by persons and route collection vehicles to deposit collected
solid waste from off -site into a larger transfer vehicle including railroad cars for transport to a
solid waste handling facility. Transfer station may also include material recovery facilities and
recycling centers, except that permits shall be required only as required by state law.
Source separated material shall mean the segregation, by the generator, of materials designated
for separate collection for some form of materials recovery or special handling.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92)
Sec. 26-685.92. Permitted zones and required permit.
No person or entity shall be permitted to place, construct, or operate a recycling center, materials
recovery facility, and/or solid waste transfer station without first obtaining a permit pursuant to
the provisions set forth in Section 26-597 of this code the following table. This permit is in
addition to and is intended to supplement that required by state law in order to protect local
health, safety and welfare. Any business which wishes a land use permit must obtain a business
license.
Nam
14
CC.Ordinance.ExhibitA
plan medifieation in multiple
family residential zones
All :.,rl„ter«:.,1 /.,,.,.,,,F .,r„«;,,.. zones . TAT ter-i 1� « . Conditional use o,,,,;r
f4eility—spee;fi „l
an zones
Solid waste tfansfer- - All :.,.1„mot«:.,1 /,,,.,.,,,f ..t„«;.,g z
.,1„rl: .,.1, ter« .,1 /,,, ,f .,r„ „rt
stations
speeifie. plan zones
(Ord No 1759. 1 1-27-R7- Ord_ Nn_ 1902_ S 16-2-92- Ord_ No- 1933_ S 1(Amd_ 259. Exh. 1).
5-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-685.93. Development standards.
The following development standards, in addition to the requirements of the underlying zone,
shall apply. Where the following code provisions are in conflict with others, the stricter
requirements shall apply.
(a) Small collection facility n,,ey ing , ent r-s Unless otherwise noted, the following
requirements apply to all small collection facilities r-eey.,ling enters:
(1) The center shall be established in conjunction with an existing or planned commercial use,
industrial use, multiple -family residential use or service facility (herein referred to as the "host
use") which is in compliance with the zoning, building, and fire codes of the City of West
Covina.
(2) The center shall be no larger than five hundred (500) square feet, and eeetlpy no more tha
five (5) par -king spaees and the placement of a small collection facility shall not create a
parking deficit.
(3) The center shall be set back at least fifty (50) feet from a right-of-way line, unless deemed
adequately screened by the planning director or planning commission, and shall not obstruct
pedestrian or vehicular circulation.
(4) No power -driven processing equipment except for reverse vending machines shall be
employed.
(5) Containers shall be constructed and maintained with durable waterproof, leakproof and
rustproof material, covered and locked when the center is not attended, secured from
unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate
the materials collected and the collection schedule.
(6) All recyclable material shall be stored in containers or.in the mobile unit vehicle, and no
materials shall be left outside of containers when attendant is, not present.
(7) The facility shall be maintained free of vermin, litter and any other undesirable materials,
and be swept at the end of each collection day and cleaned weekly.
(8) Noise levels shall not exceed sixty (60) dBA as measured at the property line of a
residentially zoned or occupied site; otherwise, noise levels shall not exceed seventy (70) dBA.
(9) Attended facilities shall have a minimum distance of 1,,eatea ,,.ithi-, two hundred and
fifty (250) ene hundred-(100) feet of a site zoned or occupied for residential use.
(10) Attended facilities shall operate only during the hours between 8:00 a.m. and 7:00 p.m. on
weekdays and 10:00 a.m. and 6:00 p.m. on weekends and holidays.
3etweea the eontainer-s and the residential use.
(11) Containers shall be clearly marked to identify the type of material which may be deposited;
the facility shall be clearly marked to identify the name and telephone number of the facility
operator and the hours of operation, and display a notice stating that no material shall be left
outside the containers. The operator shall keep the area clean and free of litter, material or debris.
(12) The facility shall not impair the landscaping required for any concurrent use.
(13) No additional parking spaces are required for customers of the recycling center when
located in an established parking lot of the host use; one (1) space will be provided for the
attendant, if needed.
(14) Mobile r-eeyel ing unit Small collection facility shall have an area clearly marked to prohibit
other vehicular parking during hours when the mobile unit is scheduled to be present.
15
CC. Ordinance. ExhibitA
(15) Occupation of parking spaces by the facility and by the attendant may not reduce available
parking spaces below the minimum number required for the primary host use unless all of the
following conditions exist:
a. The facility is located in a convenience zone or a potential convenience zone as designated
by the California Department of Conservation.
b. A parking study shows that existing parking capacity is not already fully utilized during the
time the recycling facility is in operation;
A reduction in available parking spaces in an established parking facility may then be allowed as
follows:
TABLE INSET:
Number of Available Parking Spaces
Maximum
Reduction
0--25
0
26--35
1
36--49
2
50--99
3
100--299
4
300 and up
5
(16) If the permit expired without renewal, the recycling facility shall be removed from the site
on the day following permit expiration.
(17) A twelve -inch by twelve -inch sign which states the redemption value offered shall be
posted daily.
(18)The small collection facility shall be screened when determined by the review authorit,
to reduce visibility impacts from off -site and main traffic areas on -site
(19) Small collection facilities shall only be located on a property with a market that is
reater than 30,000 square feet in floor area.
(b) Reverse vending machines.
(1) Provide and maintain a minimum illumination level of two -foot candles within a minimum
25-foot radius around the reverse vending machines from dusk to dawn.
(2) Provide an eight -foot wide unobstructed clear walkway area in front of the reverse vending
machines. Consideration may be given to alternative solutions such as recessing the machines
into the building frontage of the adjacent lease space.
(3) The placement of the reverse vending machines shall not obstruct any portion of a storefront
window or door and shall be placed immediately in front of or inset into, the facade of the
building.
(4) Where practicable, the reverse vending machines shall be placed in location away from the
most heavily traveled pedestrian areasvithin the vicinity of the store being served and in
compliance with the other provisions of the WCMC.
(5) The machines shall be located within thirty (30) feet of a primary entrance to the
commercial structure, and shall not obstruct pedestrian, handicapped or vehicular circulation. If a
more suitable location presents itself as a result of the layout and/or architecture of the
development, the planning director may approve a variation to the location.
(6) The machines shall not occupy parking spaces required by the primary use(s).
(7) The machines shall occupy no more than fifty (50) square feet of floor space per
installation, including any protective enclosure, and shall not be more than eight (8) feet in
height.
(8) The machines(s) shall be constructed and maintained with durable waterproof material.
(9) Reverse vending machines shall be clearly marked to identify the type of material to be
deposited, operation instructions, and the identity and phone number of the operator or
responsible person to call if the machine is inoperative.
(10) The machines shall be maintained in a clean, vermin free, and litter free condition on a
daily basis. This shall include the cleaning of the machines and the surrounding walkways to
reduce the discoloration, stickiness, and likelihood for attracting vermin. A cleaning schedule
16
CC. Ord inance. ExhibitA
• 0
shall be submitted for approval via a planning director's modification to the approved precise
plan for the site. Said cleaning schedule shall identify the tasks to be undertaken, and the
frequency of those tasks.
(11) Operating hours shall be at least the operating hours of the primary host use.
(12) A twelve -inch by twelve -inch sign which states the redemption value offered shall be
posted prominently on or adjacent to the machines.
(13) Reverse vending machines do not require additional parking spaces for recycling
customers.
(c) Material recycling facilities and -solid waste transfer or processing stations. These
requirements are minimum local land use requirements which supplement the requirements of
state law permits. Additional requirements may be required through the conditional use permit
process.
(1) Site location criteria.
a. Said facilities shall not substantially increase vehicular traffic nor existing noise levels in
adjacent residential areas on local residential streets or shall be mitigated.
b. Said facilities shall not substantially lessen -the usability and suitability of adjacent or nearby
properties for their existing use.
c. The site shall be served by an improved arterial street adequate in width and pavement type
to carry the quantity and type of traffic generated by said use without significantly lowering the
existing level of service of that arterial.
d. The site shall be adequate in size and shape to accommodate said use, and to accommodate
all yards, walls, vehicular stacking, parking, landscaping and other required improvements.
(2) Site development standards.
a. All buildings, structures or improvements shall meet the setback requirements of the
underlying zone. Setbacks may be used only for the following purposes:
Passage or temporary standing of automobiles
Landscape areas
Light poles and standards
b. All waste unloading, loading, and processing equipment and activities shall be contained
within an enclosed building with only sufficient openings for ingress/egress of vehicles and
ventilation.
c. Sufficient off-street parking shall be provided to accommodate all company, employee and
visitor vehicles on -site.
d. On -site truck stacking and maneuvering area shall be provided as necessary to accommodate
the anticipated vehicular usage of the facility, depending on the size and nature of the facility. No
truck stacking and maneuvering area shall be permitted within the required front and street side
yard setback, and shall be completely screened by solid masonry walls not less than six (6) feet
in height with appropriate landscaping and irrigation.
e. Any leachate and other liquid flow that may result shall be contained on -site and disposed of
through an on -site treatment and/or sewer system to a regular or industrial sewer. Such leachate
must also be handled pursuant to the requirements of the integrated waste management board,
regional water quality control board, and Los Angeles County Department of Health.
f. Average noise levels shall not exceed seventy (70) dBA as measured at the property line of
the facility in cases where any abutting nonresidentially zoned property is impacted, and sixty
(60) dBA as measured at the property line of the facility in cases where any abutting residentially
zoned property is impacted.
g. Adequate safety features (e.g. sprinkler systems, alarm systems, materials screening program,
emergency procedures) shall at a minimum be incorporated into the design of the facility.
h. Adequate dust, odor and noise controls shall be incorporated into the facility to minimize
generation and off site transmission of dust, odor and noise.
i. All materials stored outside shall either be in processed bales or kept within storage bins
constructed and maintained with durable waterproof, leakproof and rustproof material, covered
and locked when the center is not attended, secured from unauthorized entry and removal of
material, and of a capacity sufficient to accommodate the materials collected and the collection
schedule.
j. All lighting shall be focused and directed and so arranged as to prevent glare or direct
illumination on streets or adjoining property.
k. The lighting system shall be so designed to produce a minimum maintained average lighting
level of one (1) foot-candle on the entire facility's horizontal surface.
1. If the MRF/Transfer Station facility is located within five hundred (500) feet of property
occupied by residential use, operating hours. of operation shall at a minimum be restricted to
between 6:00 a.m. and 8:00 p.m., and the average noise levels during this time shall be in
17
CC. Ord inance. ExhibitA
accordance with subsection (c)(2)f. above, except for indoor activities such as but not limited to
dispatching of vehicles and administration. Said hours may be extended for some or all activities
when appropriate mitigation measures and acceptable noise performance standards during these
extended operating hours, as determined by the planning commission or planning director, are in
place.
in. All open areas, other than landscaped planter beds, shall be paved with not less than two and
one-half (2 1/2) inches of asphaltic concrete or an equivalent surface meeting the established
standards and specifications of the engineering department, shall be graded and drained so as to
adequately dispose of all surface water and shall be maintained in good repair at all times.
n. No operating portion of the site shall be visible from public view. This requirement may at a
minimum be satisfied by a solid masonry wall not less than six (6) feet in height, landscaping,
existing topographic conditions, or a combination thereof.
o. A minimum of twenty -foot wide planters shall be provided along all street frontages except
for driveway openings.
p. A daily cleaning program for floors, equipment and facility buildings and grounds and
ongoing maintenance program shall be established to the approval of the West Covina
Enforcement waste management agency.
q. Refuse shall be handled as quickly as possible to avoid longterm exposure on -site.
r. All incoming or outgoing trucks shall be completely enclosed or equipped with an
impermeable tight -fitting cover to suppress odors and prevent spillage of materials.
s. No waste, trash except for separated recyclables, shall be stored at the facility overnight for
longer than twenty-four (24) hours, unless the facility is properly permitted to do so.
t. Additional noise controls including use of the best available noise suppression and control
technology shall be used if necessary to achieve the established noise control performance
standards.
u. The facility operator shall prepare and implement a noise monitoring and abatement
program, which shall be approved by the city enforcement waste management agency. The
program shall monitor noise levels at the property line of at a minimum of three (3) sensitive
receptor locations within the potential impact zone of the project. If noise levels at these
locations exceed performance standards the operator shall notify the city within twenty-four (24)
hours and institute additional noise reduction measures to bring noise emanating from the facility
into compliance with the standards within thirty (30) days or otherwise seek city approval for a
time extension. Data from all noise monitoring activities are to be recorded and made available
for review by the city upon request.
v. The facility shall comply with Rule 402 of the South Coast Air Quality Management District.
w. Upon detection, extremely odorous loads entering the MRF shall be transferred as soon as
possible.
x. When necessary, the MRF operator shall treat wastes in the MRF with odor suppressants to
comply with the baseline odor standards. A certified industrial hygienist shall establish baseline
indoor odor standards and perform quarterly inspections to monitor odor levels.
y. Additional odor controls including the base available odor suppression technology shall be
used if necessary to minimize the release of fugitive odors.
z. The facility operator shall prepare and implement an odor monitoring and abatement
program, which shall be approved by the West Covina enforcement waste management agency.
The program shall ensure that odor levels within the facility are kept within the baseline odor
standards and that odors emanating from the facility shall not exceed the odor detection
thresholds at the facility's boundary line. The program shall use the services of a certified
industrial hygienist to monitor odor levels on a quarterly basis, both within the facility and at a
minimum of three (3) sensitive receptor locations within the potential impact zone of the project.
If odor levels at these monitoring locations exceed the odor detection thresholds, the operator
shall notify the city within twenty-four (24) hours and institute additional odor reduction
measures to meet the specified odor performance standards. The facility operator shall bring the
odor level into compliance with the baseline odor standards within thirty(30) days, or shall
otherwise request an extension of time from the city in order to reach compliance. Data from all
odor monitoring activities are to be recorded and made available for review by the city upon
request.
(3) Load inspection program. All material recovery facilities, solid waste transfer stations or
other solid waste management facilities will be required to institute a load inspection program
(LIP) as part of their daily operations. The requirements for the LIP are as follows: The facility
operator shall prepare and implement a program for screening loads at the facility gate house,
and for checking loads at the facility building(s) and areas of operation. The load inspection
18
CC. Ordinance. ExhibitA
0 0
program shall include inspection for hazardous wastes and other ineligible wastes, and shall
include procedures for their handling and disposal.
Specifies of the program will be submitted to the city in a written report for their review and
comment. The program shall be approved by the West Covina Enforcement Waste Management
Agency.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-
5-94; Ord. No. 2014, § 2, 4-21-98)
Sec.26-685.94. Signage.
(a) Reverse vending machines shall have a sign area of a maximum of two (2) square feet per
machine, exclusive of operating instructions.
(b) Recycling centers may have signage provided as follows:
(1) Identification signs with a maximum of sixteen (16) square feet, in addition to informational
signs required by section 26-685.96.
(2) The signs must be consistent with the architectural style and character of the host use.
(3) Directional signs, bearing no advertising message, may be installed on the site with the
approval of the planning director, if deemed to be necessary to facilitate traffic circulation, or if
the facility is not visible from the public right-of-way.
(c) Materials recovery facilities and solid waste transfer or processing stations shall have signs
as provided for the zone in which they are located."
19
CC.Ordinance.ExhibitA
•
ATTACHMENT 2
PLANNING COMMISSION -
RESOLUTION NO. 10-5389
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST
COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF CODE AMENDMENT NO. 09-06, RELATED TO RECYLCING
FACILITY STANDARDS AND PROCEDURES, HEARINGS, NOTICES, FEES
AND CASES.
CODE AMENDMENT NO.09-06
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WHEREAS, on December 8, 2009, the Planning Commission initiated a code
amendment regarding recycling facility standards and procedures for hearings,
revocations and appeals of the Zoning Code; and .
WHEREAS, the Planning Commission, on the 8th day of June, 2010, conducted a
study session; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
12nd day of October, 2010, 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 recycling facility standards and for
revisions to procedures, hearings, notices, fees and cases (Article VI).
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. 09-06 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. 09-06 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.
ZAResos\2010 Resos\10-5389 Revo.recyc code amend.doc
Planning Commission Resion No. 10-5389
Code Amendment No. 09-06
October 12, 2010 - 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 121` day of
October, 2010, by the following vote:
AYES: Redholtz, Carrico, Stewart, Holtz, Sotelo
NOES: None
ABSENT: None
ABSTAIN: None
'/V e T'#
Robert A. Sotelo, Chairperson
Planning Commission
Je derson, AICP, Secretary
P arming Commission
ZAResos\2010 Resos\10-5389 Revo.recyc code amend.doc
i
EXHIBIT A
SECTION 1. Section 26-206 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding notice of hearings, is amended to read as follows:
"See.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 applicant or his/her went, the
owner of the property. and 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) Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to each local agency expected to provide water, sewage, streets, roads, schools, or
other essential facilities or services to the project, whose ability to provide those facilities
and services may be significantly affected.
(13) 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, sign exception review; outdoor uses
within the outdoor uses overlay zone, wall and fence height increases, and canopy structures.
CC.Ordinance.ExhibitA
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."
SECTION 2. Section 26-211 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding effective date of decisions, is amended to read as follows:
"Sec. 26-211. Effective date of planning commission decision.
(a) All decisions of the planning commission except recommendations for general plan
amendments. and recommendations regardin4 appok,a-I zoning amendments and
recommendations regarding zone changes shall become final and effective after the expiration
of the appeal period as set forth in section 26-212, below.
(b) Recommendations regardingappFo i-t g zoning amendments or zone changes shall be
transmitted to the city council who shall conduct a duly advertised public hearing on the matter
within forty-five (45) days following receipt of the resolution. do iHt_-a-FE�i3e
eliatige shall he l;i ,a i,t ,t it1:i d .hall become li-iialrti-i'leiT—apooirCcrm—,rrret•,-.
t
(c) Recommendations approving or denying general plan amendments shall be transmitted to
the city council who shall conduct a duly advertised public hearing on the matter."
SECTION 3. Section 26-212 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding appeal procedures, is amended to read as follows:
"Sec. 26-212. Appeal procedure.
(a) Appeals may be submitted by anyone, must be in writing. must include specific reasons for
the appeal, and must be accompanied by the fee set by city council resolution. •'fl-' the •,,a4l.
. PeeiSienS 01flie platining
aside the deeisiefl
(b) Decisions of the planning director or administrative review board or planning
commission subcommittee for design may be appealed to the planning commission The
decision of the planning commission on the anneal is final, unless after written request is
made to the city council, the city council approves the request for appeal to the city council
(c) cDecisions of the planning commission may be appealed to the city council. except as
provided in subsection (b).
(d) A timehv appeal suspends and sets aside the decision of the lower authority.
(1) Appeals of planning director or administrative review board decisions must be
submitted to the planning division no more than ten (10) calendar days after approval of a
written decision, unless otherwise provided in this code.
(2) Appeals of planning director decisions regarding administrative use permits and
sign administrative reviews must be submitted to the planning division no more than ten :s veff
(710) calendar days after approval of a written decision.
(3) Appeals of planning commission decisions and written requests for an appeal
Hearin;; by the city council must be submitted to the city clerk no mote than ten (10) calendar
days after adoption of a resolution of approval of denial.
Ri
131 \ 1 ,. 11 days.
(4)The anneal period commence` on the day after approval of a written decision
and ends at the close of the business day on the tenth calendar day, including the da-*of
commencement. If the tenth day falls on it day that the City is closed to business, the
period is extended to the close of the business day of the next day the City is open for
business.
4
CC. Ord inance. ExhibitA
0
(e) Once an appeal has been properly and. timely filed and notice of the hearing has been
mailed or published, the appeal may not be withdrawn without the consent of the body to
which the appeal has been made.
Ihjj_The city council or planning commission, as the case may be, shall conduct a public
hearing on the appeal within *t,i ) forty-five (45) days from the tiling of the appeal or -
approval of a request for an appeal hearing ate 4 nat;t; :r; 4 the appeal, or as otherwise
specified by the city council or planning commission, or agreed upon by the appealing party.
Notice of the public hearing shall be given as provided in section 26-206.
(eg) When considering an appeal, the city council or planning commission shall hear the
appeal as a de novo .hearing. `l'he cif• council or planning commission may approve, eFdeny
or modify the matter appealed. +1, dati Of the ,1., ., ��� „ i
'�'� "Il. Vl .11lV lllj'
tile nt
SECTION 4. Section 26-213 of Division 1 of Article VI of Chapter 26 of the West.Covina
Municipal Code, regarding notice of hearings, is deleted.
C-0-w-4tlkarlHi+ -eon FRiSSit„ deeiSiEffll ll lie a pt� li tea irlg
idiiii thit--ty (30) days af-tlie Filing of- ifl4iatieti ofstieh appeal, and. may be eontiaEied 4-om. time
tfj--ti-ram:-,
SECTION 5. Section 26-229 of Division 2 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding findings for a precise plan, is amended to read as follows:
"Sec. 26-229. Aftffoval er- }c tiOR CORIS, s-Re(uired findings for a precise plan.
ast ie ie:rrs hall -be iiiipos# to-tkt� e�:t nt �x essa =;-iti=.t��Et=iai rl►e . ife acid s }c at t1�e-p��ie� 1
Mid t! e--prV-3-eNt Mid OFE) �,SedZ10111kig ., „a uSe „r,1}e subje. pei and thou trr►�x+r��i>�
iLstaildaf=d fest-rietions-i �pc z t r-1l at3 arf1 r�lstrietiairs e -in the
fietrs-toots-I -tl�i el pt rFelatifig i1i Seed aFir dt-! as
-Hi 14+e-, it=i-nit =th.,accupan t} �� 44F4W, � i:poses a��c�4he-fir« iota of the p
p-eae-e-4it-id h. and `i.-rictcii-=dc'ccri.'3i:?-:itariLes-zifE'it7r:_,,,d,,,7 to ,k- "e
ease t4 a Pefi:flitted Else U130H a 16t 01'a ROI'Rial Si�,[e aHEI Shape SUff0tilided h�' PfOpei t�' in tile sialli
zone as dw, lot inquestieR.
%k3}I tl} OSed c=i � p1�to c c ox-�vFx+lti stth -"- feeiate Pf-epet_t- vakles isle
'-i(+lit'c={?F "'OUld" -ct( i3iibIft; tilease „r .+ , ,•H�i� t%e ;ieinit-v b
l v!
i
F 1 -adt iti t tktc }egits gt tt e#=rej�ttiE�n; tl�e p-4a tt�t� , ,pis ic�t� aid-ei -, -1
ccn trttotit�o argil-1 l :ztofl FttE t r i a1 arat ti s i Itt�lit 1e; i�T; and
p tlal �=tt tia it # aoil itie : RH-1 i 14t ., f , E, ham.,, , I,e_P+-opos,e-Pi-eei ti i:13 c� i E#c igtr-it l tttl F} t43t
f
Fejeotet oi- erhall be sO niadified-cam; ,,�rd;rnca bef;caf:e-aft-e-4i-r-"its
iS-
(a) The proposed development: plans and the uses Proposed are consistent with the General
Plan and any applicable specific plan.
(b) 'rhe proposed development is consistent with adopted development standards for the
zone and complies with all other applicable provision of the Municipal Code.
CC.OrdinancelxhibitA
(c) Crantina the permit would not be detrimental to the public interest, health, safety, and
welfare and would not unreasonably interfere with the use or enjoyment of property in
the vicinity of the subject property.
(d) The site is phvsicalty suitable for the type, density and intensity of the development
being proposed, including, vehicle access and circulation.
(e) The proposed development plans and the uses proposed are consistent with the General
Plan and anv applicable specific plan."
SECTION 6. Section 26-253 of Division 3 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding revocation of conditional use permits, is amended to read as follows:
"Sec.26-253. Revocation.
Revocation of conditional use permits shall be conducted in accordance with the
procedures contained in Division 12 of Article VI of Chapter 26 of this code."
. g 9 J eaiiditiotial 4
or-
( )--Fhe u i — eftse F beers-saspet-idid 4ei-ape-f{43c%eILSix44-r-nonihs OF HIOW-Hf
(.6) 'Flie , ,.t jinEfifigs j ''r' }-H� jil 1'rpecifiediii seeiioii 26 2 17) have been
t�-=1 Ise t�+s +tid fare imuerr Fir-tie-�> �rpos�alaEl-1�e-all
alleged
+k)Hs zf3-?E}{; }i�n�rcarr�i��isjto� �c��t c�#=ltc
scale-cN, +v R-)flm+rn+a4-4atem 4 expo -
�C 21-5) 77. (4d r ,.--14a4;-�--!,-6-?8-5 �lrf1-1?
SECTION 7. Section 26-273 of Division 5 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding revocation of administrative use permits, is amended to read as
follows:
"Sec.26-273. Revocation.
Revocation of administrative use permits shall be conducted in accordance `%!ith the
vrocedures contained in Division 12 of Article VI of ("hal)ter 26 of this code."
f I } - i }x t► e i - ffinietital tE) ' pLjbj & Wal "-,a,f -car :,,i Eafe , Sri ne&: et
/ The 1 -ft1d; al.
1
(d l- t1�Et hay �=eh ice 4�t;}� 1t�1-}�c�tit�e} caliat}t33�th cat t�tet -car•
The eoiiditioiis of pp
tkar flatice , 41. Ut'gZ'E�� li }E3tt; iiei` '` '' ''. ' 13iiitfi ifr4�ciiicctcrr—tE} �
. 26 _ _
ibje
�o��t>cz+t-tc-�t�-��r-she-n:�ios•3-�-ya�+`�3r��t„��: ..
El277—i=1'ti-r- ). 4 l s }
6
CC.Ordinance.ExhibitA
SECTION 8. Section 26-296.1700 of Division 11 of Article VI of Chapter 26 of the West
Covina Municipal Code, regarding revocation of administrative review approvals, is amended to
read as follows:
"See.26-296.1700. Revocation.
Revocation of administrative review approval shall be conducted in accordance with
the procedures contained in Division 12 of Article VI of Chapter 26 of this code."
44-- lie •l„ aitt Fit lii t-evoke 'L-nd-clri-i}d iinistfatiNeTevteky appKo�,'itl-tfpaii
=byfFaud; Ex
-1a5i
�i�tam(e) �J ePr
pOf
� ,� .t� @f3 ifl'riici'rrr-of-,}}, -E}va -have not bee a ; „ `:rpl�f
fly-� k---r•�tj-i-r-eE1-11ii-E Trl TF afl atln314- , atr. -+ev,= pc -if E ei 1 r 1 its-—�6-?714
have been violated; E)!*
{}�}—�Ilip-�l e � en l Est di iEtEl ��1. has beery-r-e-veked cif Saspen c
pt�s l}le r e`-ee-a-t-ien caF su�,Peftsian t ay -c-otf-rlie
((.� i n�.
.c 2ln�T )
SECTION 9. Division 12 of Article VI of Chapter 26 of the West Covina Municipal Code,
regarding revocation procedures, is added to read as follows:
"DIVISION 12. REVOCATION PROCEDURES
Sec. 26-297.02. Applicability.
The provisions of this Division 12 shall apply to the revocation of Conditional Use
Permits, Administrative Use Permits and Administrative Reviews. Revocation shall
include amendment or modification of a permit which may result from a revocation
proceeding;.
Sec. 26-297.04. Revocation hearing=_ body.
(a) The Plannint= Commission shall hear revocation nroceedingis for all hermits and
approvals issued by the planning= director.
(b) The Planning, Commission shall hear revocation proceedings for all permits and
approvals issued by the Planning Commission, either in its initial hearing capacity, or on
appeal to the Planning Commission.
(c) The City Council shall hear revocation proceedings for all permits and approvals issued
by the City Council, either in its initial hearing capacity, or on appeal to the Citv Council.
Sec. 26-297.06. Grounds for revocation.
The hearing body may revoke, amend or suspend a Conditional Use Permit,
Administrative Use Permit or Administrative Review ("permit") upon finding; that:
(a) The use is detrimental to the public health, safety or welfare or is a nuisance; or
(b) The permit was obtained by fraud; or
(c) The use has not been exercised prior to the expiration date of the permit; or
(d) The use has ceased or been suspended for a period of six (6) months or more; or
(e) The conditions of approval have not been complied with; or
CC.Ordinance. ExhibitA
(f) The required findings for the permit have been violated; or
(g) The use is not being operated in the manner or for the purpose contemplated by the
approval of the permit.
(h) The development entitlement dependent thereon has been revoked or suspended.
(i) The use is being operated in violation of anv federal, state or local law which results in
detriment to the public health, safetv or welfare.
Sec. 26-297.08. Initiation of revocation proceedings.
Revocation proceedings may be initiated by a majority vote of a quorum of the Citv
Council or the Planning Commission or by the planning director.
Sec. 26-297.10. Notice of Hearing.
Notice of a revocation hearing for a Conditional Use Permit shall be given as
follows:
a 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
(1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to each local a(lency expected to provide water, sewage, streets, roads, schools, or
other essential facilities or services to the project, whose ability to provide those facilities
and services may be significantly affected.
(2) A notice of public hearing shall be mailed to the permitee or his/her agent, the
owner of the property and 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 count, assessor. The notices shall be mailed at least ten (10) days
prior to the date of the public hearing
(3) The cost of noticing shall be paid by the Citv.
b) Notice of a revocation hearing for an Administrative Review shall be given as follows:
(1) A notice of public hearing shall be mailed to the permitee or his/her agent, the
owner of the property and 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 count, assessor. The notices shall be mailed at least ten (10) days
prior to the date of the public hearing.
(2) The cost of noticing shall be paid by the City.
(c) Notice of a revocation hearing for an Administrative Use Permit shall be given as
follows:
(3) Notices shall be mailed to the permitee, 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. The notices shall be mailed at least ten (10) days prior to the
date of the public hearing.
(4) The cost of noticing shall be paid by the City.
Sec. 26-297.12. Contents of hearing notice.
The notice of revocation hearing shall be in writing and shall contain al least the following
information:
(a) The street address and general description of the property or premises for which the
permit has been issued. A map may be included.
(b) The name of the permit holder.
(c) A description of the type of permit and a general description of the activities approved
by the permit.
CC.Ordinance.ExhibitA
(d) A statement that the hearing will consider revocation of the permit, or in the alternative
alteration or modification of the permit and/or the conditions of the permit.
(c) The date, time and location of the hearing.
(t) The grounds for the revocation of the permit.
(g) A statement that the permitee may represent himself/herself, or be represented by legal
counsel or anv other person of his/her choice.
(h) A statement that the permitee may present evidence, testimony and witnesses in defense
of the revocation of the permit.
Sec. 26-297.14. Conduct of the hearing
(a) Revocation hearings shall be noticed public hearings open to public participation.
(b) The hearing bodv shall act as an independent arbiter in the conduct of the hearing,
procedures, presentation of evidence, review of evidence and issuing a decision. The
Chairman/Mayor shall make determinations on procedure, witnesses and evidence. The
Chairman/Mayor may be assisted by a member of the City Attornev's office or other
counsel who has not participated in the preparation or presentation of the cause for
revocation of the permit.
(c) The city staff, city attorney or other city representative shall first present the evidence
for the cause for revocation. After the city presentation is complete, the permitee may
present evidence in opposition to revocation. After the city representative and the permitee
have completed their presentations, members of the public may speak for or against the
revocation. The order and timing of presentations may be altered by the hearing body in
the interests of an orderly, timely and fair hearing or for the reasonable convenience of the
witnesses or parties. The hearing board may continue the hearing from time -to -time
without further public notice.
(d) Formal rules of evidence need not be followed. All witnesses shall be sworn or unsworn
at the discretion of the hearing body.
(e) Cross-examination of witnesses is not required unless, in the discretion of the hearing
body, cross-examination is necessary to provide a fair hearing and due process of law.
Cross-examination of members of the public who speak shall not be allowed unless the
hearing body determines that cross-examination is necessary to avoid a prejudicial denial
of due process.
(f) Documents should be identified and labeled in an orderly fashion when submitted to the
hearing board.
(g) The hearing board shall tape record the oral proceedings before the hearing board.
The tape recordings shall be maintained for 30 days after the time for any appeal has
expired. If a timely appeal is not filed, the tape recordings may be destroyed.
(h) All documents, testimony, and other evidence presented to and accepted by the hearing
board shall constitute the administrative record upon which the hearing board shall make
its decision. The administrative record shall include evidence submitted to the hearing
board but not accepted by the hearing board.
(i) The representatives of the cause for revocation shall be allowed to present final
argument to the hearing board followed by final argument by the representative for the
permitee. Rebuttal argument or re -rebuttal argument shall only be allowed at the
discretion of the hearing board.
Sec. 26-297.16. Decision of the hearing board.
(a) At the conclusion of the hearing, or at any time thereafter, the hearing board shall
deliberate the merits of the cause for revocation. Deliberations of the hearing board shall
be conducted at a meeting open to the public, but need not be conducted at a noticed public
hearing. Deliberations shall be solely among the hearing board members, unless the
hearing board invites other persons to participate.
(b) The hearing board may revoke the permit, amend, alter or modify the permit or impose
new or additional conditions, all as reasonably related to mitigation or elimination of the
grounds asserted for the revocation.
CC.Ordinance. ExhibitA
0
(c) The decision of the hearing board sliall be in writing, supported by findings, and
approved by the hearing board within 30 days of the close of the hearing, or at the next
regular meeting of the hearing board immediately following such 30 day period.
(d) Upon approval of the decision by the hearing board, the decision shall be sent to the
permitee by mail, fax or email.
Sec. 26-297.18. Appeal of hearing board decision.
(a) Appeals from decisions of the planning commission sitting as the revocation hearing
board may be submitted. to the City Cleric by any interested party within ten (1.0) clays of
approval of the written decision of the hearing board. Decisions of the City Council sitting
as the revocation hearing board are not appealable.
(b) The appeal must be in writing, must include specific reasons for the appeal, and must
be accompanied by the fee set by city council resolution for such appeal Such an appeal
suspends and sets aside the decision of the lower authority.
(c) Within five (5) working days of the receipt of the appeal the City Clerk shall estimate
the cost of preparation of the administrative record and send written notice to the
appealing party that Ithey must deposit one-half of the estimated cost of preparation of the
administrative record with the ON Clerk within ten (10) calendar days of the mailing date
of the notice. Failure of the appealing party to timely deposit such one-half of the
estimated cost shall be a waiver and termination of the appeal
(d) The cost of preparation of the administrative record shall include costs of preparation
and duplication of all documentary.- and tangible evidence and the transcription of the oral
portion of the hearing. The transcription of the oral portion of the hearing shall be
performed by an independent professional transcription sen ice chosen by the Citv Clerk
(e) Upon the completion of the preparation of the administrative record, including the
transcription of the oral proceedings, the City Clerk shall determine the actual costs of
Preparing the administrative record. Upon such determination of costs the City Clerk shall
send written notification of the actual costs of the preparation of the administrative record
to the appealing partv. The notice shall advise the annealing partv that it must pay one-
half of the actual costs of preparation of the administrative record within ten calendar days
of sending of the notification, and that if such payment is not timely received by the Citv
Clerk, the appeal will be deemed waived and terrininated if the deposit of the estimated
cost of preparation of the administrative record meets or exceeds the actual cost, payment
will be deemed to have been timely made, and anv overage will be refunded to the
appealing party.
(f) Upon receipt of the required payment from the appealing party the City Clerk shall
send written notice of the time and place' of the review of the appeal by the Citv Council to
the appealing party and the city's representative The appeal sliall be heard by the City
Council within forty (40) calendar days of the payment of the required fees, or such
additional minimal time as needed to meet the schedule of available Citv Council meetings.
The notice shall contain:
(1) The time and location of tine City Council meeting at which the appeal will be
reviewed.
(2) The name of the appealing party and the name of the permitee
(3) The address of the property, if any is involved in the appeal
(4) A statement that the appealing park, may present written or oral argument to
the City Council based on the administrative record Written arguments must be filed with
the City Clerk and received by the other parties to the appeal at least fifteen (1 5) calendar
days prior to the (late of the City Council meeting Written rebuttal arguments by any
Party to the appeal must be tiled with the City Cleric and delivered to all other parties to
the appeal at least 7 calendar days prior to the date of the City Council meeting Oral
argument and rebuttal argument may be presented at the City Council meeting
(g) The city council shall determine the appeal based on their review of the administrative
record. The review shall occur at a regularly noticed City Council meeting and shall not
require a noticed public hearing. The appealing party shall be given the opportunity to
present written or oral arguments to the City Council The city's representative shall be
given the opportunity to present written or oral rebuttal argument to the City Council
10
CC.Ordinance.ExhibitA
0
(h) If the appealing party is not the permitee or there is more than one appealing party, the
following rules shall apply:
(1) The appealing party, the permitee and the city shall be referred to as "parties to
the appeal."
(2) Each party to the appeal shall pay their proportionate share of the cost of
preparation of the administrative record. If the appealing parhl does not timely pay their
proportionate share of such costs, the appeal shall be waived and terminated. If any other
party to the appeal does not timely pay their share of such costs, the non -paving party shall
not be entitled to participate in the appeal process, but shall remain liable to the city for
their share of the costs of preparation of the administrative record.
(3) All notices shall be sent to all parties to the appeal.
(4) Arguments may be presented by the appealing party, and rebuttal arguments
may be presented by any other parties to the appeal. All written arguments and rebuttal
arguments shall be delivered to all other parties to the appeal.
Sec. 26-297.20. Decision of the City Council on appeal.
(a) At the conclusion of the meeting, or at any time thereafter, the City Council shall'
deliberate the merits of the cause for the appeal. Deliberations of the City Council shall be
conducted at a meeting open to the public, but need not be conducted at a noticed public
hearing. Deliberations shall be solely among the City Council members, unless the City
Council invites other persons to participate.
(b) The City Council may revoke the permit, amend, alter or modify the permit or impose
new or additional conditions, all as reasonably related to mitigation or elimination of the
grounds asserted. for the revocation.
(c) The decision of the City Council shall be in writing, supported by findings, and
approved by the City Council within 30 days of the close of the meeting, or at the next
regular meeting of the City Council immediately following such 30 day period.
(d) Upon approval of the decision by the City Council, the decision shall be sent to the
permitee by mail, fax or email.
Sec. 26-297.22. Termination of proceedings.
The planning director may recommend to the hearing body termination of the
revocation proceedings anytime during the hearing process or the appeal process if the
planning director determines that:
(1) The grounds for the revocation have been satisfactorily corrected by the
permitee.
(2) The permitee has voluntarily ceased the use for which the permit was issued.
(3) The permitee has ceased the activity which was the grounds for the revocation
anti provided a written relinquishment of the permit to the planning director.
(4) The permitee has reached a written settlement agreement with the city which
will protect the public health, safety and welfare.
(5) There exists other good cause for termination of the revocation proceedings.
(b) After due consideration of the recommendation of the planning director, the hearing
body may approve the termination of the revocation proceedings by a maiority vote of a
quorum of the hearing body.
(c) The hearing body may, on its own initiative, and for good cause, terminate any
revocation proceedings by a majority vote of a quorum of the hearing body."
11
CC.Ordinance.ExhibitA
0 0
SECTION 10. Section 26-597 of Division 3 of Article X of Chapter 26 of the West Covina
Municipal Code, regarding the land use matrix, is amended to read as follows:
Sec. 26-597. Service, trade, cultural, public and private uses (except industrial or
manufacturing).
No building or improvement or portion thereof shall be erected, constructed, converted,
established, altered or enlarged, nor shall any lot or premises be used except for one or more of
the following purposes. All such uses shall be within an enclosed building unless specifically
stated otherwise. Uses specifically noted as "(Outdoor Display)" are allowed providing all
functions other than display are at all times conducted within an enclosed building.
* Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is allowed by right.
c Indicates stated use is allowed by conditional use permit.
p Indicates stated use is allowed subject to administrative review and approval by the planning
director.
a Indicates stated use is allowed by administrative use permit.
b Indicates stated use is allowed by adult oriented business permit.
TABLE INSET: (Partial Table)
R
R
M
M
M
M
F
O
N
R
S
C
C
M
I
P
A
1
8
5
20
P
C
C
C
2
3
1
P
B
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
--
individually in sec. 26-597)
e
c-
e
e
e
e
e
E
pr-eeessing-eenter-s (see
Recycling Centers
Small collection facilities
not in conjunction with
materials recovery
facility or solid waste
a
a
a
a
a
a
a
transfer and processing
station (See Section 26-
685.91)
Recycling Centers
Reverse vending
machine(s)/bulk reverse
a
a
a
a
a
a
a
-vending machine
Recycling Centers
Reverse vending
machine(s) located
within or under the roof
x
x
x
x
x
x
x
line of a commercial
structure
Recycling Centers
Materials recovery
c
c
facility
Recycling Centers
Solid waste transfer and
c
c
processing stations
Religious facility
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
his section as retail
providing all storage of
x
x.
x
--
rental equipment shall be
ithin an enclosed building
12
CC. Ordinance. ExhibitA
0
R
R
M
M
M
M
O
N
R
S
C
C
M
I
P
A
1
8
F
F
P
C
C
C
2
3
1
P
B
5
unless45
specifically stated
otherwise.
Reprographics
x
x
x
x
x
x
x
x
Restaurant
x
x
x
x
x
x
Restaurant with Alcohol
(see art. XII, div. 15)
a
a
a
a
a
a
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
Riding stables and riding
schools (7 acres minimum
c
c
--
site)
oominghouse
c
c
c
c
c
c
--
SECTION 11. Division 14 of Article XII of Chapter 26 of the West Covina Municipal Code,
regarding the recycling center, is amended to read as follows:
"Sec.26-685.90. Purpose.
The purpose of this division is to address the critical statewide issue of diminishing landfill
capacity. Consistent with the waste diversion goals and objectives adopted as part of the city's
source reduction and recycling element, this division is intended to conserve, to the extent
possible, remaining landfill capacities, by promoting an integrated waste. management approach
whereby each waste stream is handled in the most efficient and environmentally sound manner
and providing the public with convenient recycling and/or disposal alternatives. This division
further seeks to guarantee the adequacy of the site for the proposed use and ensure the protection
of the surrounding properties through review and consideration of physical design and
compatibility with surrounding properties.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92)
Sec.26-685.91. Definitions.
[As used in this article the following words and terms shall have the meanings respectively -
ascribed:]
Composting shall mean a method of waste treatment in which organic solid wastes are
biologically decomposed under controlled, aerobic or anaerobic conditions.
Materials recovery facility or MRF shall mean a permitted solid waste facility where solid
wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the
purpose of recycling or composting.
Recyclable material shall mean reusable material, including, but not limited to, metals, glass,
plastic and paper, which may be intended for reuse, remanufacture or reconstitution. Recyclable
material does not include solid waste or hazardous materials. Recyclable material may include
used motor oil collected and transported in accordance with Sections 52250.11 and
25143.2(b)(4) of the California Health and Safety Code.
Recycle shall mean the process of collecting, sorting, cleansing, treating, and reconstituting
materials that would otherwise become solid waste, and returning them to the economic
mainstream in the form of raw material for new, reused, or reconstituted products and not
intended for disposal.
Small collection facility Ae yeling ^nas distinguished from a MRF shall mean a facility for
the collection and acceptance by donation, redemption of purchase of recyclable materials. As
used herein, such a facility does not occupy an area of more than five hundred (500) square feet
unless operated on the same site and in conjunction with a materials recovery facility or solid
waste transfer station. A recycling center does not include storage containers or collection
activity located on the premises of a residential, commercial, or manufacturing use and is used
solely for the recycling of material generated by that residential property, business or
manufacturer and not held out for public use.
13
CC.OrdinancelxhibitA
Small Collection Facilities Reeyel-ing centers are further defined to include but are not limited to
these following specific types:
(1) Buy back recycling center shall mean a recycling facility which pays a fee for the delivery
and transfer of ownership to the facility of source separated materials for the purpose of
recycling or composting.
(2) Drop-off center shall mean a facility which accepts delivery or transfer of ownership of
source separated materials for the purpose of recycling or composting without paying a fee..
(3) AMbile i-ee-yeling unit shall mean an automobile, truek, trailer-, oF van, heensed by the
clteetion of ^i bl i
�-^ ..,may ...��.,���a�`�-��.�
(4) (3) Reverse vending machine(s) shall mean an automated mechanical device which accepts
at least one (1) or more types of empty beverage containers, including, but not limited to
aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip
with a value not less than the container's redemption value as determined by the state.
(5)JILBulk reverse vending machines shall mean a reverse vending machine that is larger than
fifty (50) square feet, is designed to accept more than one (1) container at a time, and will pay by
weight instead of by container.
Solid waste shall mean all putrescible and nonputrescible solid, semi -solid, and liquid wastes,
including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semi -solid wastes, and other discarded solid and semi-
solid wastes.
Solid waste transfer or processing station or transfer station shall mean a facility as defined
and permitted under state law used by persons and route collection vehicles to deposit collected
solid waste from off -site into a larger transfer vehicle including railroad cars for transport to a
solid waste handling facility. Transfer station may also include material recovery facilities and
recycling centers, except that permits shall be required only as required by state law.
Source separated material shall mean the segregation, by the generator, of materials designated
for separate collection for some form of materials recovery or special handling.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92)
Sec. 26-685.92. Permitted zones and required permit.
No person or entity shall be permitted to place, construct, or operate a recycling center, materials
recovery facility, and/or solid waste transfer station without first obtaining a permit pursuant to
the provisions set forth in Section 26-597 of this code the following table. This permit is in
addition to and is intended to supplement that required by state law in order to protect local
health, safety and welfare. Any business which wishes a land use permit must obtain a business
license.
..... . .. . .......... .
-
14
CC.Ordinance.ExhibitA
•
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-
5-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-685.93. Development standards.
The following development standards, in addition to the requirements of the underlying zone,
shall apply. Where the following code provisions are in conflict with others, the stricter
requirements shall apply.
(a) Small collection facility Ree-y in ^enter ^ Unless otherwise noted, the following
requirements apply to all small collection facilities r�liag-eeilters:
(1) The center shall be established in conjunction with an existing or planned commercial use,
industrial use, multiple -family residential use or service facility (herein referred to as the "host
use") which is in compliance with the zoning, building, and fire codes of the City of West
Covina.
(2) The center shall be no larger than five hundred (500) square feet,
five (5) parking s,,aee and the placement of a small collection facility shall not create a
parking deficit.
(3) The center shall be set back at least fifty (50) feet from a right-of-way line, unless deemed
adequately screened by the planning director or planning commission, and shall not obstruct
pedestrian or vehicular circulation.
(4) No power -driven processing equipment except for reverse vending machines shall be
employed.
(5) Containers shall be constructed and maintained with durable waterproof, leakproof and
rustproof material, covered and locked when the center is not attended, secured from
unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate
the materials collected and the collection schedule.
(6) All recyclable material shall be stored in containers or in the mobile unit vehicle, and no
materials shall be left outside of containers when attendant is not present.
(7) The facility shall be maintained free of vermin, litter and any other undesirable materials,
and be swept at the end of each collection day and cleaned weekly.
(8) Noise levels shall not exceed sixty (60) dBA as measured at the property line of a
residentially zoned or occupied site; otherwise, noise levels shall not exceed seventy (70) dBA.
(9) Attended facilities shall have a minimum distance of leeatea ., ithi, two hundred and
fifty 250 en r,,,ndfea *100) feet of a site zoned or occupied for residential use.
(10) Attended facilities shall operate only during the hours between 8:00 a.m. and 7:00 p.m. on
weekdays and 10:00 a.m. and 6:00 p.m. on weekends and holidays.
La
We- shielding beV�veen the eantainer-s and the r-esideRlialuse.
(11) Containers shall be clearly marked to identify the type of material which may be deposited;
the facility shall be clearly marked to identify the name and telephone number of the facility
operator and the hours of operation, and display a notice stating that no material shall be left
outside the containers. The operator shall keep the area clean and free of litter, material or debris.
(12) The facility shall not impair the landscaping required for any concurrent use.
(13) No additional parking spaces are required for customers of the recycling center when
located in an established parking lot of the host use; one (1) space will be provided for the
attendant, if needed.
(14) i Small collection facility shall have an.area clearly marked to prohibit
other vehicular parking during hours when the mobile unit is scheduled to be present.
15
CC.Ordinance.ExhibitA
• 0
(15) Occupation of parking spaces by the facility and by the attendant may not reduce available
parking spaces below the minimum number required for the primary host use unless all of the
following conditions exist:
a. The facility is located in a convenience zone or a potential convenience zone as designated
by the California Department of Conservation.
b. A parking study shows that existing parking capacity is not already fully utilized during the
time the recycling facility is in operation;
A reduction in available parking spaces in an established parking facility may then be allowed as
follows:
TABLE INSET:
Number of Available Parking Spaces
Maximum
Reduction
0--25
0
26--35
1
36--49
2
50--99
3
100--299
4
300 and up
5
(16) If the permit expired without renewal, the recycling facility shall be removed from the site
on the day following permit expiration.
(17) A twelve -inch by twelve -inch sign which states the redemption value offered shall be
posted daily.
(18)The small collection facility shall be screened when determined by the review authoriti
to reduce visibility impacts from off -site and main traffic areas on -site.
(19) Small collection facilities shall only be located on a property with a market that is
reater than 30,000 square feet in floor area.
(b) Reverse vending machines.
(1) Provide and maintain a minimum illumination level of two -foot candles within a minimum
25-foot radius around the reverse vending machines from dusk to dawn.
(2) Provide an eight -foot wide unobstructed clear walkway area in front of the reverse vending
machines. Consideration may be given to alternative solutions such as recessing the machines
into the building frontage of the adjacent lease space.
(3) The placement of the reverse vending machines shall not obstruct any portion of a storefront
window or door and shall be placed immediately in front of or inset into, the facade of the
building.
(4) Where practicable, the reverse vending machines shall be placed in location away from the
most heavily traveled pedestrian areas within the vicinity of the store being served and in
compliance with the other provisions of the WCMC.
(5) The machines shall be located within thirty (30) feet of a primary entrance to the
commercial structure, and shall not obstruct pedestrian, handicapped or vehicular circulation. If a
more suitable location presents itself as a result of the layout and/or architecture of the
development, the planning director may approve a variation to the location.
(6) The machines shall not occupy parking spaces required by the primary use(s).
(7) The machines shall occupy no more than fifty (50) square feet of floor space per
installation, including any protective enclosure, and shall not be more than eight (8) feet in
height.
(8) The machines(s) shall be constructed and maintained with durable waterproof material.
(9) Reverse vending machines shall be clearly marked to identify the type of material to be
deposited, operation instructions, and the identity and phone number of the operator or
responsible person to call if the machine is inoperative.
(10) The machines shall be maintained in a clean, vermin free, and litter free condition on a
daily basis. This shall include the cleaning of the machines and the surrounding walkways to
reduce the discoloration, stickiness, and likelihood.for attracting vermin. A cleaning schedule
16
CC. Ord inance.ExhibitA
0
shall be submitted for approval via a planning director's modification to the approved precise
plan for the site. Said cleaning schedule shall identify the tasks to be undertaken, and the
frequency of those tasks.
(11) Operating hours shall be at least the operating hours of the primary host use.
(12) A twelve -inch by twelve -inch sign which states the redemption value offered shall be
posted prominently on or adjacent to the machines.
(13) Reverse vending machines do not require additional parking spaces for recycling
customers.
(c) Material recycling facilities and solid waste transfer or processing stations. These
requirements are minimum local land use requirements which supplement the requirements of
state law permits. Additional requirements may be required through the conditional use permit
process.
(1) Site location criteria.
a. Said facilities shall not substantially increase vehicular traffic nor existing noise levels in
adjacent residential areas on local residential streets or shall be mitigated.
b. Said facilities shall not substantially lessen the usability and suitability of adjacent or nearby
properties for their existing use.
c. The site shall be served by an improved arterial street adequate in width and pavement type
to carry the quantity and type of traffic generated by said use without significantly lowering the
existing level of service of that arterial.
d. The site shall be adequate in size and shape to accommodate said use, and to accommodate
all yards, walls, vehicular stacking, parking, landscaping and other required improvements.
(2) Site development standards.
a. All buildings, structures or improvements shall meet the setback requirements of the
underlying zone. Setbacks may be used only for the following purposes:
Passage or temporary standing of automobiles
Landscape areas
Light poles and standards
b. All waste unloading, loading, and processing equipment and activities shall be contained
within an enclosed building with only sufficient openings for ingress/egress of vehicles and
ventilation.
c. Sufficient off-street parking shall be provided to accommodate all company, employee and
visitor vehicles on -site.
d. On -site truck stacking and maneuvering area shall be provided as necessary to accommodate
the anticipated vehicular usage of the facility, depending on the size and nature of the facility. No
truck stacking and maneuvering area shall be permitted within the required front and street side
yard setback, and shall be completely screened by solid masonry walls not less than six (6) feet
in height with appropriate landscaping and irrigation.
e. Any leachate and other liquid flow that may result shall be contained on -site and disposed of
through an on -site treatment and/or sewer system to a regular or industrial sewer. Such leachate
must also be handled pursuant to the requirements of the integrated waste management board,
regional water quality control board, and Los Angeles County Department of Health.
f. Average noise levels shall not exceed seventy (70) dBA as measured at the property line of
the facility in cases where any abutting nonresidentially zoned property is impacted, and sixty
(60) dBA as measured at the property line of the facility in cases where any abutting residentially
zoned property is impacted.
g. Adequate safety features (e.g. sprinkler systems, alarm systems, materials screening program,
emergency procedures) shall at a minimum be incorporated into the design of the facility.
h. Adequate dust, odor and noise controls shall be incorporated into the facility to minimize
generation and off site transmission of dust, odor and noise.
i. All materials stored outside shall either be in processed bales or kept within storage bins
constructed and maintained with durable waterproof, leakproof and rustproof material, covered
and locked when the center is not attended, secured from unauthorized entry and removal of
material, and of a capacity sufficient to accommodate the materials collected and the collection
schedule.
j. All lighting shall be focused and directed and so arranged as to prevent glare or direct
illumination on streets or adjoining property.
k. The lighting system shall be so designed to produce a minimum maintained average lighting
level of one (1) foot-candle on the entire facility's horizontal surface.
I. If the MRF/Transfer Station facility is located within five hundred (500) feet of property
occupied by residential use, operating hours of operation shall at a minimum be restricted to
between 6:00 a.m. and 8:00 p.m., and the average noise levels during this time shall be in
17
CC. Ord inance.ExhibitA
0 0
accordance with subsection (c)(2)f above, except for indoor activities such as but not limited to
dispatching of vehicles and administration. Said hours may be extended for some or all activities
when appropriate mitigation measures and acceptable noise performance standards during these
extended operating hours, as determined by the planning commission or planning director, are in
place.
in. All open areas, other than landscaped planter beds, shall be paved with not less than two and
one-half (2 1/2) inches of asphaltic concrete or an equivalent surface meeting the established
standards and specifications of the engineering department, shall be graded and drained so as to
adequately dispose of all surface water and shall be maintained in good repair at all times.
n. No operating portion of the site shall be visible from public view. This requirement may at a
minimum be satisfied by a solid masonry wall not less than six (6) feet in height, landscaping,
existing topographic conditions, or a combination thereof.
o. A minimum of twenty -foot wide planters shall be provided along all street frontages except
for driveway openings.
p. A daily cleaning program for floors, equipment and facility buildings and grounds and
ongoing maintenance program shall be established to the approval of the West Covina
Enforcement waste management agency.
q. Refuse shall be handled as quickly as possible to avoid longterm exposure on -site.
r. All incoming or outgoing trucks shall be completely enclosed or equipped with an
impermeable tight -fitting cover to suppress odors and prevent spillage of materials.
s. No waste, trash except for separated recyclables, shall be stored at the facility overnight for
longer than twenty-four (24) hours, unless the facility is properly permitted to do so.
t. Additional noise controls including use of the best available noise suppression and control
technology shall be used if necessary to achieve the established noise control performance
standards.
u. The facility operator shall -prepare and implement a noise monitoring and abatement
program, which shall be approved by the city enforcement waste management agency. The
program shall monitor noise levels at the property line of at a minimum of three (3) sensitive
receptor locations within the potential impact zone of the project. If noise levels at these
locations exceed performance standards the operator shall notify the city within twenty-four (24)
hours and institute additional noise reduction measures to bring noise emanating from the facility
into compliance with the standards within thirty (30) days or otherwise seek city approval for a
time extension. Data from all noise monitoring activities are to be recorded and made available
for review by the city upon request.
v. The facility shall comply with Rule 402 of the South Coast Air Quality Management District.
w. Upon detection, extremely odorous loads entering the MRF shall be transferred as soon as
possible.
x. When necessary, the MRF operator shall treat wastes in the MRF with odor suppressants to
comply with the baseline odor standards. A certified industrial hygienist shall establish baseline
indoor odor standards and perform quarterly inspections to monitor odor levels.
y. Additional odor controls including the base available odor suppression technology shall be
used if necessary to minimize the release of fugitive odors.
z. The facility operator shall prepare and implement an odor monitoring and abatement
program, which shall be approved by the West Covina enforcement waste management agency.
The program shall ensure that odor levels within the facility are kept within the baseline odor
standards and that odors emanating from the facility shall not exceed the odor detection
thresholds at the facility's boundary line. The program shall use the services of a certified
industrial hygienist to monitor odor levels on a quarterly basis, both within the facility and at a
minimum of three (3) sensitive receptor locations within the potential impact zone of the project.
If odor levels at these monitoring locations exceed the odor detection thresholds, the operator
shall notify the city within twenty-four (24) hours and institute additional odor reduction
measures to meet the specified odor performance standards. The facility operator shall bring the
odor level into compliance with the baseline odor standards within thirty(30) days, or shall
otherwise request an extension of time from the city in order to reach compliance. Data from all
odor monitoring activities are to be recorded and made available for review by the city upon
request.
(3) Load inspection program. All material recovery facilities, solid waste transfer stations or
other solid waste management facilities will be required to institute a load inspection program
(LIP) as part of their daily operations. The requirements for the LIP are as follows: The facility
operator shall prepare and implement a program for screening loads at the facility gate house,
and for checking loads at the facility building(s) and areas of operation. The load inspection
18
CC.Ordinance.ExhibitA
• 9
program shall include inspection for hazardous wastes and other ineligible wastes, and shall
include procedures for their handling and disposal.
Specifies of the program will be submitted to the city in a written report for their review and
comment. The program shall be approved by the West Covina Enforcement Waste Management
Agency.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-
5-94; Ord. No. 2014, § 2, 4-21-98)
See.26-685.94. Signage.
(a) Reverse vending machines shall have a sign area of a maximum of two (2) square feet per
machine, exclusive of operating instructions.
(b) Recycling centers may have signage provided as follows:
(1) Identification signs with a maximum of sixteen (16) square feet, in addition to informational
signs required by section 26-685.96.
(2) The signs must be consistent with the architectural style and character of the host use.
(3) Directional signs, bearing no advertising message, may be installed on the site with the
approval of the planning director, if deemed to be necessary to facilitate traffic circulation, or if
the facility is not visible from the public right-of-way.
(c) Materials recovery facilities and solid waste transfer or processing stations shall have signs
as provided for the zone in which they are located."
19
CC.Ordi nance. Exh i bitA
0
AGENDA
ITEM NO. C-3
DATE October 12, 2010
ATTAC H M ENT 3
PLANNING DEPARTMENT STAFF REPORT
CODE AMENDMENT NO. 09-06
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
I. DESCRIPTION OF APPLICATION
On December 8, 2009, the Planning Commission initiated a code amendment related to
revocation standards and recycling centers. The proposed code amendment consists of
certain amendments to Chapter 26 (Zoning) of the West Covina Municipal Code related
to recycling facility standards and procedures for hearings, revocations and appeals.
II. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending
approval of Code Amendment No. 09-06 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. 09-06 .to modify standards for
recycling facility standards and revise the current standards for revocation and appeal
procedures. The Planning Commission held a study session pertaining to the recycling
facility standards on June 8, 2010. For your review staff has included the table that was
presented to you at that study session (Attachment 5).
The table includes the following revisions as discussed at the June 8, 2010 Planning.
Commission Meeting:
1. Rename Recycling Centers to Small Collection Facility (Terminology)
2. Increase Small Collection Facility distance standards when adjacent to Residential uses
3. Add Recycling Center categories to the use matrix
4. Remove "Administrative Modification" application process
5. Modify weekend hours of operation for small collection facilities
6. Prepare visual screening guidelines
7. Delete 24-hour drop off for small collection facilities
8. Delete Mobile Recycling Unit
9. Modify location standards for small collection facilities
Z:\Case Files\CODE AMEND\2009\09-06 Amendment to Recycling Centers\Staff Report 10.12.10.doc
Code Amendment No. 09-06 0 0
Procedures for hearings, revocations and appeal Standards
October 12, 2010 - Page 2
At that'study session, the Planning Commission gave direction to staff to research potential
visual screening guidelines that could be required of recycling facilities. Staff has noted that
recycling facilities come in various forms and locations, so the type of screening that might
be required in a commercial area might not be required in a manufacturing area. In addition,
in researching other city codes, staff did not find any specific standards for screening.
However, staff did find that some cities include a requirement that screening be installed per
review of the application, allowing for a case -by -case review for screening. Staff has
therefore included that standard in the proposed code amendment.
In addition, since the June 8, 2010 Study Session, the City Attorney's office has prepared
code language for notices, appeals and revocation procedures. These proposed standards
have been developed to comply with current law, clarify and simplify hearing and appeal
procedures and add unified revocation procedures. The additional changes to procedures for
hearings include the following:
• Add requirement, that the public hearing notice be mailed to the applicant or his/her
agent, and the property owner.
• Add standard for notification of utilities and agencies that provide facilities and
services to the subject property.
• , Add text allowing the City Council the ability to determine if they desire to hear
appeals of Planning Director or Subcommittee appeals from the Planning
Commission.
• Include language specifying appeal deadlines in cases where the City is closed.
• Increase the number of days to hear an appeal by the City Council from 30 days to
45 days from the date of filing of the appeal.
The additional changes to the Revocation Procedures include the following:
• A requirement that the Planning Commission will be the hearing body for all permits
approved by the Planning Director and the Planning Commission.
• Grounds for revocation.
• Process for initiating revocation proceedings.
• Guidelines for notice of hearing for Conditional Use Permits and Administrative Use
Permits.
• Standards for hearing notice content.
• Hearing procedures and standards.
• Requirements for notification of a decision by the hearing board.
• Procedures for appeals of the decision of the hearing board.
• Procedures and guidelines for decision of the City Council on appeal.
• Limiting the number of appeals.
• Limiting the appeal to review of the decision rather than a new hearing.
• Procedures for preparation and payment for the record on appeal.
• Standards for terminating revocation procedures.
Z:\Case Files\CODE AvviEND\2009\09-06 Amendment to Recycling Centers\Staff Report 10.12.10.doc
Code Amendment No. 09-06 • •
Procedures for hearings, revocations and appeal Standards
October 12, 2010 - Page 3
A representative from the City Attorney's office will be at the public hearing to answer any
questions on the proposed code changes for the notices, appeals and revocation procedures.
If the Planning Commission approves the proposed code amendment, it will. be presented to
the City Council for their review and approval.
Based on the work completed on the code amendment, there are two outstanding questions
that staff is requesting the Planning Commission's direction on.
1. Is the Planning Commission comfortable with the case -by -case review of screening
for recycling facilities?
2. Is the Planning Commission comfortable with the proposal to allow the City Council
the discretion to determine if they would like to hear an appeal of Planning Director
or Subcommittee appeals for the Planning Commission?
Conclusion
The proposed changes include clarifying requirements, revising location standards, and
clarifying the entitlement process for recycling facilities. Additionally the changes also
include establishing procedures for notices, appeals, and revocation proceedings that are
consistent with current law. The proposed code text is attached to the resolution for your
review (Attachment 1).
VII. STAFF RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending
approval of Code Amendment No. 09-06 to the City Council.
Planning Associate
REVIEWED AND APPROVED:
JeXgtanning
rson, AICP
A Director
Attachments:
Attachment 1 — Code Amendment Resolution
Attachment 2 — Summary of Proposed Code Changes October 12, 2010
Attachment 3 — Summary of Revisions to Notices, Appeals and Revocation Process October 12, 2010
Attachment 4 — Planning Commission Staff Report, June 8, 2010
Attachment 5 — Table for Recycling Centers Code Amendment, June 8, 2010
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Planning Commission Minutes
Page 3 — October 12, 2010
•
OPPONENTS: ATTACHMENT 4
No one spoke in opposition.
Chairman Sotelo closed the public hearing.
There was a discussion by the Commission regarding the location of the light standard
and undergrounding of the equipment cabinet. The Commission also asked if the little
league had been notified of this application.
It was the consensus of the Commission that they would support this application;
however, they also agreed that the condition requiring the undergrounding of the
equipment cabinet should not be waived.
Motion by Redholtz, seconded by Stewart, to adopt Resolution No. 10-5388 approving
Conditional Use Permit No. 10-05. Motion carried 5-0.
(3).
CODE AMENDMENT NO.09-06
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
REQUEST: The proposed code amendment consists of certain amendments to
Chapter 26 (Planning) of the West Covina Municipal Code related
to "Recycling Center" Standards and revocation procedures.
Chairman Sotelo opened the public hearing. Planning Associate Ron Garcia presented
the staff report. During his presentation, Mr. Garcia spoke about the proposed changes to
the procedures for hearings, revocations and appeals and recycling center standards and'
terminology for small recycling centers. Commissioner Holtz asked about the hours of
operation on holidays and weekends. There was also a discussion regarding the new
revocation procedures, and the appeal process. City Attorney Scott Nichols also
answered questions regarding the new appeal process and explained how the new process
would work.
PROPONENTS:
No one spoke in favor of this matter.
OPPONENTS:
No one spoke in opposition to this matter.
Chairman Sotelo closed the public hearing.
There was a short discussion by the Commission regarding the matters presented. It was
the consensus of the Commission that the proposed code amendment would address
sections of the recycling standards and bring them up to date.
Motion by Redholtz, seconded by Holtz, to adopt Resolution No. 10-5389 recommending
approval of Code Amendment No. 09-06 to the City Council. Motion carried 5-0.
D. NON HEARING ITEMS
None
E. CONTINUATION OF ORAL COMMUNICATIONS
Continuation of Item A, Oral Communications
Z:\CC Agenda E-mails to Victor\2010\12.21.10\attach 4.doc
0
ATTACHMENT 5
Summary of Proposed Code Changes
Notices, Appeals and Revocation Process
1. A requirement that the Planning Commission will be the hearing body for all permits approved
by the Planning Director and the Planning Commission. Currently, items approved by the
Planning Director require review by a hearing officer (staff) and can then be appealed to the
Planning Commission. The proposed change reduces the number of appeals possible, the
number of revocation hearings that can occur, and the time it takes to revoke a permit.
2. Grounds for revocation. The current code does include most of the grounds that can be used to
revoke a permit. The proposed revision adds to grounds that include the lbllowing.
(a) The development entitlement dependent thereon has been revoked or suspended.
(b) The use is being operated in violation of any federal, state or local law which results in
detriment to the public health, safety or welfare.
3. Process for initiating revocation proceedings. The proposed code amendment indicates that a
revocation can be initiated by the City Council, Planning Commission, or Planning Director.
4. Guidelines for notice of hearing for Conditional Use Permits and Administrative Use Permits.
In the case of revocations, the current code does not specifically indicate requirements for
notification, the notification requirements were those of standard public hearings. The draft
code amendment establishes notification requirements specific to revocation, and requires
notification for the revocation of permits that do not require notification for approval
(Administrative Reviews).
S. Standards for hearing notice content. The draft code amendment enumerates the information
required to be included in the revocation hearing notice.
6. Hearing procedures and standards. The current code does not specify procedures for how a
revocation hearing process is to occur. The draft code establishes standards for officiating the
hearing, witnesses, evidence, and recording the hearing.
7. Requirements for notification of a decision by the hearing board. The proposed code
amendment states that the decision of the hearing board be in writing and within a timely
manner (generally 30 days after the hearing).
8. Procedures for appeals of the decision of the hearing board. The draft code amendment
includes a 10 day appeal period, requirement for payment of an appeal, and requires the
appellant to share the cost of the preparation of the administrative record (such as transcript).
9. Procedures and guidelines for decision of the City Council on appeal. The new standards
establish procedures for the City Council hearing and decision.
10. Limiting the number of appeals. The draft code amendment limits the number of appeals by
beginning the revocation hearing at the Planning Commission rather than at staff level.
11. Limiting the appeal to review of the decision rather than a new hearing. The new standards do
not require a full revocation hearing before the City ,Council, rather, the City Council will
review the decision of the Planning Commission.
12. Procedures for preparation and payment for the record on appeal. The new code requires the
appellant to pay half the cost of the administrative records and requires that payment be received
or the appeal process terminates.
13. Standards for terminating revocation procedures. The draft code amendment allows for the
termination of revocation proceedings if the nuisance is resolved or the operation of the building
ceases.
Z:\Case Files\CODE AMEND\2009\09-06 Amendment to Recycling Centers\PC:Summary of Code Changes.doc
Summary of Proposed Code Changes October 12, 2010
Item
Discussion
Recommended Revisions
1. Recycling Centers
Currently the code indicates recycling centers are facilities that are small in scale. The code
Changed the terminology from recycling center to small
(Terminology)
uses the term "Recycling Center" to refer to many types of recycling centers. To efficiently and
collection facility.
clearly define small operating recycling facilities, the code could be modified to change the
terminology to "Small Collection Facilities".
2. Small Collection
Currently the code indicates a minimum distance of 100 feet between a residence and small
Increased the distance requirement from 100 feet to 250
Facility distance
collection facility. Staff conducted a survey of other cities' requirements. These
feet.
standards to
requirements range from 150 feet to 500 feet between residences and collection facilities.
Residential uses
3. Add Recycling
Currently the code indicates Recycling Centers and directs you to a specific section of the code
Added all five recycling uses in the use matrix. This
Center categories to
for recycling uses. The section indicates five types of centers. The use matrix could be
allows for consistency between the Land Use Matrix and
the use matrix
modified to include all five recycling uses in the use matrix and providing the permit process
the recycling section of the code
required.
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Page 3
n
Summary of Proposed Code Changes October 12, 2010
Item
Discussion
Code Change
4. Removing
Currently the code requires the approval of an Administrative Modification for the operation of
Require an Administrative Use Permit. This process
"Administrative
Small Collection Facilities (recycling centers). The administrative modification process is not
allows for notification of surrounding properties and
Modification"
specified anywhere in the code. In the past an administrative review process was required
businesses and allows for revocation. In cases, where
Application process
which does not require notification.
there are issues with neighboring properties or
businesses, or staff has concerns, an AUP can be
forwarded to the Planning Commission
5. Hours of
Currently the code requires recycling facilities to operate between the hours of 8:00 a.m. and
Changed the hours of operation from 8:00 a.m. 7:00
Operation during the
7:00 p.m. Staff is recommending the hours of operation be modified to further limit operation
p.m. to 10 a.m. to 6:00 p.m. on weekends and holidays.
weekend for small
hours during the weekend. By modifying the hours of operation provides clarification and
This reduces impacts to neighboring properties on
Recycling Centers
greater enforcement in the code.
weekends.
6. Design Criteria
Currently the code does not include specific design criteria or require visual screening for small
In reviewing standards in other cities requirements for
visual screening
collection facilities. Some cities have established design criteria and visual screening
small collection facilities, staff found that most cities
requirements.
granted the Planning Director or hearing body the
authority to determine visual screening requirements on a
case -by -case basis. Staff has included code language for
your review and consideration.
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Page 3
is
•
Summary of Proposed Code Changes October 12, 2010
Item
Discussion
I Options
7. Delete 24 hour
Currently the code allows for 24-hour drop off recycling centers. Staff is recommending that
Eliminated the allowance for 24-hour drop off.
drop off for small
language allowing 24-hour drop off containers be removed from the code and allow the
collection facilities
operation of facilities to comply with the hours of operation suggested for weekdays and
weekends.
8. Delete Mobile
Currently the code provides a definition for mobile recycling as a type of facility and a
Removed mobile recycling unit.
Recycling Unit
standard is included. However the code does specify an entitlement process. To avoid
confusion staff is recommending mobile recycling units be removed from the code.
9. Size and Area of
Currently the code specifies a small collection facility to occupy no more than ,five parking
Modified code to indicate the placement of small
Recycling Unit
spaces. This reduces the City's flexibility for larger lots and in cases where a property has an
recycling facilities shall not create a parking deficit.
abundance of parking.
10.Location
Currently the code allows small collection facilities in all industrial/manufacturing, commercial
Required that small collection facilities can only be
Standards for Small
zones, and all PCD-1 commercial areas. Establishing a specific location standard for facilities
located on a property with a market that is greater than
Recycling facilities
would provide a standard for the location of facilities as opposed to allowing them in all zones.
30,000 square feet of floor area.
For example a location standard would include only allowing small collection facilities in
conjunction with a supermarket.
0
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Page 3
* 13
NOTICE OF PUBLIC HEMWi1TG
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.09-06
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 recycling facility
standards and procedures for hearings, revocations and appeals.
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 FIELD:
PLACE: West Covina City Hall
1444 West Garvey Avenue South
City Council Chambers - Level One
DATE: December 21, 2010
TEWE: 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: December 10, 2010 BY ORDER OF THE
CITY COUNCIL OF THE
CITY OF WEST COVINA
Story #202902 System LANGZ . by S811
Ad # Filmed 12/07/10 at 14:59:00 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. 09-06
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 recycling facility
standards and
procedures for hearings,
revocations and
appeals.
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: December 21, 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: December 10, 2010
BY ORDER OF THE
CITY COUNCIL OF THE
CITY OF WEST COVINA
Publish: December 10, 2010
San Gabriel Valley Tribune Ad#202902
Page; 1
Time 14:59:oate 12/07/10
11)