05-05-2020 - AGENDA ITEM 16 CONSIDERATION OF CODE AMENDMENT NO. 20-02 - COMMERCIAL LAND USES AND STANDARDSAGENDA ITEM NO. 16
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 5, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF CODE AMENDMENT NO.20-02 - COMMERCIAL LAND USES
ANDSTANDARDS
RECOMMENDATION:
The Planning Commission recommends that the City Council consider a Zoning Code Amendment as follows:
ORDINANCE NO.2472 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO.20-02, CODE AMENDMENT
RELATED TO COMMERCIAL (NONRESIDENTIAL) USES AND STANDARDS
BACKGROUND:
On January 28, 2020, the Planning Commission initiated a code amendment regarding land uses that were not
allowed in certain zones. Due to the popularity of online shopping, the amount of tenant space for retail has been
curtailed leaving empty tenant spaces that were once utilized by retail uses. In addition, there has been a
corresponding decrease in office space demand.
On February 25, 2020, a study session was held by the Planning Commission. At that time, staff presented two
additional items to be added to the code amendment. At the conclusion of the study session, the Commission
directed staff to prepare a code amendment to be presented at a public hearing.
On April 14, 2020, the Planning Commission held a public hearing and adopted Resolution No. 20-6031,
recommending to the City Council approval of Code Amendment No. 20-02. At the conclusion of the hearing, the
Planning Commission voted 3-0 (Holtz abstained, Heng absent) to recommend approval of the code amendment to
the City Council.
DISCUSSION:
Staff has worked with the City Attorney's office to draft the proposed changes to the Code. The proposed code
amendment would modify the land uses allowed in various nonresidential zones in the City, revise standards for
screen walls in commercial areas (between parking areas and streets), revise the landscape standard in the M-1 zone,
and revise the separation standard of Tattooing uses and residential uses.
The following are the changes to the land use matrix (WCMC Section 26-597)
1. Add Catering service as allowed use in the Office Professional Zone.
2. Add Delicatessens as allowed use in the Office Professional Zone
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PLANNING COMMISSION
RESOLUTION N0.20-6031
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF CODE AMENDMENT NO. 20-02, CODE
AMENDMENT RELATED TO COMMERCIAL (NONRESIDENTIAL)
USES AND STANDARDS
CODE AMENDMENT NO.20-02
GENERAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: Citywide
WIlEREAS, on the 28' day of January 2020, the Planning Commission initiated a code
amendment related to commercial standards; and
WHEREAS, the Planning Commission, did on 25" day of February 2020, conduct a study
session to consider the initiated code amendment; and
WfW.REAS, the Planning Commission, upon giving the required notice, did on the 241h day
of March 2020, conduct a duly advertised public hearing as prescribed by law; and
WIiEREAS, studies and investigations made by this Commission and on its behalf reveal the
following facts:
1. The land use matrix has not been amended comprehensively since 2010 with the
processing of Code Amendment No. 08-01.
2. The City should periodically review land use standards to determine if the current
review process is appropriate.
3. It is appropriate to review the standards for screen walls, landscaping requirements in
the M-1 zone and separation requirements for Tattooing uses to determine if the
existing standards are appropriate.
4. 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
Planning Commission Resolution No. 20-
Code Amendment No. 20-02
April 14, 2020 -Page 2
Guidelines, in that the proposed action consists of a code amendment, which does not
have the potential for causing a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West
Covina as follows:
SECTION NO.1: The above recitals are true and correct and are incorporated herein as if set forth
herein in full
SECTION NO.2: Based on the evidence presented and the findings set forth, Code Amendment
No. 20-02 is hereby found to be consistent with the West Covina General Plan and the implementation
thereof; and that the public necessity, convenience, general welfare, and good zoning practices require
Code Amendment No. 20-02.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning
Cotrnrvssion of the City of West Covina hereby recommends to the City Council of the City of
West Covina that it approves Code Amendment No. 20-02 to amend Chapter 26 (Zoning) of the
West Covina Municipal Code as shown on Exhibit A."
SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City
Council for their attention in the manner as prescribed by law and this Resolution shall go into force
and effect upon its adoption.
[continued on next page]
Planning Commission Resolution No. 20-
Code Amendment No. 20-02
April 14, 2020 -Page 3
I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning
Commission of the City of West Covina, at a regular meeting held on the 14th day of April, 2020,
by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
DATE: April 14, 2020
Herb Redholtz, Chairman
Planning Commission
Jeff Anderson, Secretary
Planning Commission
Planning Commission Resolution No. 20-
Code Amendment No. 20-02
April 14, 2020 -Page 4
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 20-02,
CODE AMENDMENT RELATED TO COMMERCIAL
(NONRESIDENTIAL) USES AND STANDARDS
WHEREAS, on the 28th day of January 2020, the Planning Commission initiated a code
amendment related to related to commercial standards; and
WHEREAS, the Planning Commission, did on 25' day of February 2020, conduct a study
session to consider the initiated code amendment; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 24th day
of March 2020, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the City Council, upon giving the required notice, did on the _ day of
, conduct a duly advertised public hearing as prescribed by law on the proposed
ordinance; and
WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and
determines that the proposed ordinance is statutorily exempt from the California Environmental
Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that
CEQA only applies to projects that have the potential for causing a significant effect on the
environment; and
WHEREAS, the City Council has duly considered all information presented to it,
including written staff reports and any testimony provided at the public hearing, with all testimony
received being made a part of the public record.
WHEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
WEST COVINA HEREBY ORDAINS AS FOLLOWS:
SECTION NO.1. Subsection (a) of Section 26-572 of Chapter 26, Article X, Division
3 of the West Covina Municipal Code is hereby amended to read as follows:
(a) A minimum of eight (8) percent of the total net area (net area shall be computed by excluding
public streets) of the development, in all zone except the Manufacturing (M-1) zone, shall
Planning Commission Resolution No. 20-
Code Amendment No. 20-02
April 14, 2020 -Page 5
be landscaped, and permanently watered with a water efficient automatic irrigation system.
In the Manufacturing (M-1) zone, a nUrniam of four (4) percent of the total net area
(net area shall be computed by excluding public streets) of the development shall be
landscaped, and permanently watered with a water efficient automatic irrigation
system, and 75 percent of the landscaping shall be within 50 feet of a public street.
Approximately one-half of such landscaped area shall be generally distributed throughout the
parking lot with the remainder as planted areas around buildings, peripheral planters around the
site, parkways, street tree wells and other locations as deemed appropriate by the planning
director. The planning director shall also determine whether the type, size, and location of the
proposed landscaping is appropriate given the scale and design of the development.
(b) No planting area shall be less than twenty-four (24) square feet or less than three (3) feet in
width (inside dimensions) with the exception of raised planter boxes around or in close
proximity to buildings.
(c) Parking lot trees.
(1) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory
to the planning director shall be planted for every ten (10) single row parking stalls or
every twenty (20) double row parking stalls within the parking lot in all zones.
(2) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory
to the planning division shall be planted for every five (5) single row parking stalls.
(d) Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful
consideration given to eventual size and spread, susceptibility to disease and pests, durability,
drought tolerance and adaptability to existing sod and climatic conditions. A majority of plant
material used through a development must be specimen -size material a combination of
twenty-four (24) inch boxed, thirty-six (36) inch boxed, and fifteen (15) gallon trees and
minimum five (5) gallon for shrubs.
(e) Unused space resulting from the design or layout of parking spaces or accessory structures
which is over twenty-four (24) square feet shall be landscaped.
(1) All planted areas shall be surrounded by a concrete curb six (6) inches above final grade or
above asphalt level of the parking lot. However, when such planted areas he adjacent to a
concrete sidewalk, masonry wall, or a building, a raised concrete curb need not be provided
in the adjacent area.
(g) A minimum of six (6) feet of either the rear or side yard adjacent to residential zoning or
development shall be landscaped with specimen plant materials and trees appropriate in size
and type to create a solid plant screen, subject to the approval of the planning director, and as
represented on the approved landscaping plan.
(h) Undeveloped areas proposed for future expansion shall be maintained in a weed free and dust
free condition.
(i) All landscaping referred to in this section shall be maintained in a neat orderly fashion and
free of debris.
Planning Commission Resolution No. 20-
Code Amendment No. 20-02
April 14, 2020 -Page 6
(j) The landscaping and irrigation plan shall be approved by the planning director in compliance
with the provisions of this division. Landscape and irrigation plans or projects with required
landscaping consisting of two thousand five hundred (2,500) square feet or more, shall be
prepared by a licensed landscape architect. The planning director has the right to disapprove
a landscaping plan if the quantity, size, type, placement and use of plant material do not meet
the minimum requirements of this division, Planning Conunission Guidelines for Water
Efficient Landscaping and Article XIV, Division 1.
(k) All landscape areas and irrigations systems shall be subject to the water efficiency provisions
contained in Division 1, of Article XIV of Chapter 26 of this Code, and the Planning
Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by
those water efficiency provisions.
(Code 1960, § 10904.06; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1912, § 1, 1-15-93; Ord. No.
2030, § 4, 4-20-99; Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2205, § 3(Exh. A), 4-6-2010)
SECTION NO.2: Subsection (a) of Section 26-575 of Chapter 26, Article Y. Division
3 of the West Covina Municipal Code is hereby amended to read as follows:
Section. 26- 575. — Walls and Screening
(a) All parking areas shall be screened from public rights -of -way with various means of
screening such as land contouring, low -profile walls, shrub plantings and similar screens
or a combination thereof. A d4ty . 064 :Reh l,o , e e masaP13,, . ,l@eer-at:. a ,.leek
..l.,.t ingor- visible f efn a ..,.1.1:.. t 4iose paitAs of 4W@ss apA a s f.)r e:tl.e.-
vehioular- or pedest.��,.. The, l slhA hPqPt back a p4in..,� um offi.,�(3}fedt �- m the
, h e and ah_iq sett aok area shall be 1..n4seape,l Il hp. r ... ..:..1.. wm�y be Used if
equivale at to thig 064 iRaides in he:..lat or a ..bifflat:...a of....all and 1.atA e
(b) A six (6) foot high concrete, masonry or decorative block wall shall be provided and
maintained on the boundary of any nonresidential zone which abuts or lies across a public
street or alley from a residential zone except in the front setback area where said wall shall be
thirty-six (36) inches high.
(c) The height of all walls shall be measured from the highest finished grade within the required
adjacent setback.
(d) All walls shall be architecturally compatible with main buildings. Type, texture, and color
shall be approved by the planning corrunission. Barbed wire shall not be permitted.
(Code 1960, § 10904.09; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99; Ord. No.
2204, § 3(Exh. A), 2-16-10)
Planning Commission Resolution No. 20-
Code Amendment No. 20-02
April 14, 2020 -Page 7
SECTION NO. 3: Section 26-597 of Chapter 26, Article XI of the West Covina
Municipal Code is hereby amended to read as follows:
The following revisions to the Land Uses shall be inserted alphabetically into the list of use.
M M M M
R
R
F
F
F
F
O
N
R
S
C
C
M
I
P
O
A
1
8
15
20
45
P
C
C
C
2
3
1
P
B
S
Barber and
beauty shops
x_
x
x
x
x
x
x
—
Catering service
x
x
x
x
x
x
x
—
Coffee/snack
shop
x_
x_
Delicatessens
x
x
x
x
x
x
x
Ice Cream Stores
x
x
x
x
x
x
x
—
Indoor recreation
facilities
c
c
c
c
c
Pha[nlacies
X
X
X
X
X
X
X
Postal services
x
ax
x
x
x
x
x
Tutoring faciillity
c
c
c
c
c
c
c
Veterinary
Hospital
c
c
c
c
c
c
x
c
SECTION NO.4: Section 26-598.5 of Chapter 26, Article XI 3 of the West Covina
Municipal Code is hereby deleted:
Planning Commission Resolution No. 20-
Code Amendment No. 20-02
April 14, 2020 -Page 8
SECTION NO.5: Section 26-685.7200 of Chapter 26, Article X111, Division 24 of the
West Covina Municipal Code is hereby amended to read as follows:
The practice of tattooing shall be subject to and comply with the following standards and
regulations:
(1) Tattooing uses may only be established in the 'R-C" and "M-1" Zones.
(2) A conditional use permit shall be obtained prior to establishing a tattooing use (as
specified in section 26-246).
(3) Tattooing uses may only be established in a tenant space with a minimum of one
thousand (1,000) square feet of gross floor area.
(4) Tattooing uses shall be located a minimum of three hundred (300) feet from a
residential zone eF use, religious facility, public parks, or educational institution which
is utilized by minors.
(5) Tattooing uses shall be located more than one thousand five hundred (1,500) feet
from the perimeter of the tenant space of any other tattooing use.
(6) Tattooing uses shall not operate between the hours of 1000 p.m and 10:00 a.m.
(7) Temporary or mobile tattooing uses or events are not allowed by this section.
(8) The parking requirement for a tattooing use shall be consistent with standards for
personal service business. Accessory use tattooing shall comply with the parking
requirements for the primary use.
(9) The tattooing use shall comply with the Los Angeles County Code Title 11,
Chapter 11.36, Body Art Establishments.
(10) A business license as required by Chapter 14 of the West Covina Municipal Code
shall be obtained prior to the start of the operation of the use.
Planning Commission Resolution No. 20-
Code Amendment No. 20-02
April 14, 2020 -Page 9
(11) The planning commission may impose other conditions deemed necessary to
reasonably relate to the purpose of this division.
SECTION NO.6: That the City Clerk shall certify to the passage of this ordinance
and shall cause the same to be published as required by law.
SECTION NO.7: This ordinance shall take effect and be in force thirty (30) days
from and after the date of its passage.
PASSED, APPROVED AND ADOPTED this
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, Assistant City Clerk, of the City of West Covina, custodian of the original
records, which are public records which I maintain custody and control for the City of West Covina do
hereby certify the foregoing Ordinance, being Ordinance No. _ as passed by the City Council of
the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk,
at a regular meeting of the City Council hell on the and that the same was
passed by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk
ATTACHMENT NO.3
AGENDA
DATE: April 28, 2020
ITEM NO.: 1
MINUTES
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF WEST COVINA
Tuesday, April 14, 2020
The regular feting of the Planning Connlission was called to order at 7.00 p.m in the West Covina
Council Chambers. The Commission observed a moment of silent prayer/meditation and Chairman
Redholtz lead the Pledge of Allegiance.
ROLL CALL
Present: Holtz, Jaquez, Kennedy and Redholtz
Absent: Heng
City Staff Present: Anderson, Sherrick, Bums and Martinez
APPROVAL OF MINUTES:
Regular meeting, March 10, 2020
The minutes were approved as presented.
OTHER MATTERS OR ORAL COMMUNICATIONS
None
PUBLIC HEARINGS
2. CODE AMENDMENT NO. 20-02
GENERAL EXEMPTION
LOCATION: Citywide
REQUEST: The proposed code amendment consists of certain amendments to the
Zoning section of the West Covina Municipal Code to modify commercial
(nonresidential) uses and standards.
Comnnulity Development Director Jeff Anderson presented the staff report. During his
presentation he told the Commission the code amendment had been initiated by the
Commission on January 28, 2020. A study session had been held on February 25,
2020 and at the conclusion of the study session staff had been directed to prepare a
code amendment for consideration by the Planning Commission at a public hearing.
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3. Add Ice Cream Stores as allowed use in the Office Professional Zone
4. Add Tutoring facility as allowed use in the Office Professional Zone
5. Add Indoor Recreation Facility with a conditional use permit in the Neighborhood Commercial and C-2
(Medium Commercial) Zone
6. Add Veterinary Hospital with a conditional use permit in the Office Professional Zone
7. Allow Postal Services as an allowed use in the Office Professional Zone and change from an administrative
use permit to an allowed use in the Neighborhood Commercial Zone.
8. Deletion of the Incidental Retail Uses matrix (26-598.5) into the land use matrix including;
• Move Coffee/Snack Shop as an allowed use in the Office Professional and Public Building Zones
• Move Pharmacies and add an allowed use in all commercial zones and the Public Building Zone
• Move Barber and Beauty Shops as an allowed use in the Office Professional and Public Building Zones
The proposed code amendment would also affect three standards in the Nonresidential section of the Code.
Currently, the Municipal Code (Section 26-575) requires that a 36-inch high block wall be constructed on the
outside perimeter of all off-street parking areas that are visible from a public street. The intent of this standard was
likely to screen automobile headlights at night or to provide screening into parking area. The proposed code
amendment would revise the standard to require parking areas to be screened from public streets using means such
as land contouring, low -profile walls, shrub plantings or similar screens or a combination. The new standard
continues to provide screening but allows the applicant a variety of methods to achieve the screening.
The Municipal Code currently requires that a minimum of 8 percent of a property be landscaped in all
nonresidential zones. This category includes the Manufacturing (M-1) Zone. In considering the type of
development that occurs in the Manufacturing zone, there is generally less public access to the center and rear
portions of a lot than there is in a commercial zone. Much of the landscaping often ends up at the middle or the
back of the lot and may not be appreciated or maintained over time. The draft amendment has been prepared
reducing that requirement to four (4) percent with at least 75% of the required landscaping being within 50 feet of a
public street. This will led to development with visible landscaping that is more likely to be maintained over time.
Lastly, the Code requires that tattooing uses be separated by 300 feet from residential uses or zones. Tattooing uses
are allowed in the Downtown area which abuts areas that are zoned residential but are improved with
non-residential uses such as parking lots. The proposed code amendment has been prepared to require a separation
from residential uses, but not from residential zones.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed ordinance and approved it as to form.
OPTIONS:
The City Council has the following options:
1. Approve the Planning Commission's recommendation; or
2. Provide alternative direction
ENVIRONMENTAL REVIEW:
The proposal is not subject to the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the
CEQA Guidelines, which provides that CEQA only applies to activity that results in direct or reasonably
foreseeable indirect physical change in the environment and for activity considered to be a project. The amendment
to the West Covina Municipal Code would not result in a physical change in the environment because it would
revise land use and development standards in nonresidential zones.
Planning Connvssion Minutes
Page 2— April 14. 2020
Mr. Anderson also reviewed the changes to the allowed uses in the Land Use Matrix
for the Commission.
Commissioner Jaquez asked if there is a policy in place regarding Stormwater Urban
Run-off Pollution Control. He also requested that language addressing this policy be
incorporated into the code amendment. Commissioner Kennedy concurred with
Commissioner Jaquez. There was a short discussion regarding the review of land uses,
and engineering's review of land use cases.
Chairman Redholtz opened the public hearing.
There were no requests to speak on this matter.
Chairman Redholtz closed the public hearing.
There was a discussion regarding Commissioner Jaquez's request to incorporate
language into the Code Amendment to address this issue. Chairman Redholtz asked for
stab's recommendation regarding this matter. The Commission concurred that Code
Amendment No. 20-02, be adopted as amended.
Motion by Jaquez, seconded by Kennedy, to adopt Resolution No. 20-6031,
recommending approval of Code Amendment No. 20-02, as amended. Motion carried
3-1. (Holtz abstained, Heng absent.)
Chairman Redholtz said final action on this matter will take place at a public hearing
before the City Council on a date to be determined.
NON -HEARING ITEMS
3. STUDY SESSION — DESIGN REVIEW SUBCOMMITTEE GUIDELINES
Community Development Director Jeff Anderson presented the staff report. During his
presentation he reviewed the proposed guidelines for single -story and two-story homes.
The proposed changes were incorporated into the Guidelines and provided to the
Comas fission for their information.
Chairman Redholtz asked if there were any objections by the Commission. None of the
Commissioners objected.
4. GENERAL PLAN ANNUAL REPORT FOR 2019
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Planning Conmvssion Minutes
Page 3 — April 14, 2020
This report is an annual report required by State law for the progress of the General
Plan. The report was presented to the City Council on March 17, 2020. The Housing
Element report has been sent to the Department of Housing and Community
Development and the General Plan report has been sent to the State Office of Planning
and Research.
The report is provided to the Planning Commission to inform the Commission of the
data in the reports. No action is required.
Community Development Director Jeff Anderson presented the staff report. During
his presentation he answered questions by Commissioner Jaquez regarding possible
consequences if West Covina doesn't meet the required number of housing units in all
the income brackets. There was also a discussion regarding proposed projects in the
City and how the loss of redevelopment agencies affected the construction of housing
projects for all California cities. The Commission also discussed the State's desire to
encourage high density housing projects.
The reports were received and filed.
COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS
None
5. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT:
a. Forthcoming — April 28, 2020
Community Development Director Jeff Anderson told the Commission there
would be a meeting scheduled for April 28, 2020 and it will be held under the same format as
tonight's meeting.
b. Project Status Report— April 14, 2020
6. CITY COUNCIL ACTION:
None
ADJOURNMENT
Chairman Redholtz adjourned the meeting at 7.49 pm
Respectfi* submitted:
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Planning Cornamsion Minutes
Page 4— April 14, 2020
Lydia de Zara
Senior Administrative Assistant
ADOPTED AS SUBMITTED ON: April 28, 2020
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ATTACHMENT NO.4
AGENDA
ITEM NO.2.
DATE: April 14, 2020
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CODE AMENDMENT NO.20-02
GENERAL EXEMPTION
LOCATION: Citywide
REQUEST: The proposed code amendment consists of certain amendments to the
Zoning section of the West Covina Municipal Code to modify commercial
(nonresidential) uses and standards.
BACKGROUND
The Planning Commission initiated a code amendment on January 28, 2020 at the request
of staff. Over the past year, staff has noted requests for land uses that were not allowed in
certain zones. Due to the popularity of online shopping, the amount tenant space for retail
has been curtailed leaving empty tenant spaces that were once utilized by retail uses. At
the time that the code amendment was initiated, staff presented recommended revisions to
the Code.
A study session was held by the Planning Commission on February 25, 2020. At that time,
staff presented two additional items to be added to the code amendment. At the conclusion
of the study session, the Commission directed staff to prepare a code amendment to be
presented at a public hearing.
DISCUSSION
Staff has worked with the City Attorneys office to draft the proposed changes to the Code.
The proposed code amendment would modify the land uses allowed in various
nonresidential zones in the City, revise standards for screen walls in comrrcrcial areas
(between parking areas and streets), revise the landscape standard in the M-1 zone, and
revise the separation standard of Tattooing uses and residential uses.
The following are the changes to the land use matrix (WCMC Section 26-597).
1. Add Catering service as allowed use in the Office Professional Zone.
2. Add Delicatessens as allowed use in the Office Professional Zone
3. Add Ice Cream Stores as allowed use in the Office Professional Zone
ATTACHMENT NO.4
4. Add Tutoring facility as allowed use in the Office Professional Zone
5. Add Indoor Recreation Facility with a conditional use permit in the Neighborhood
Commercial and C-2 (Medium Commercial) Zone
6. Add Veterinary Hospital with a conditional use permit in the Office Professional
Zone
7. Allow Postal Services as an allowed use in the Office Professional Zone and change
from an administrative use permit to an allowed use in the Neighborhood
Commercial Zone.
8. Deletion of the Incidental Retail Uses matrix (26-598.5) into the land use matrix
including;
• Move Coffee/Snack Shop as an allowed use in the Office Professional and
Public Building Zones
• Move Pharmacies and add an allowed use in all commercial zones and the
Public Building Zone
• Move Barber and Beauty Shops as an allowed use in the Office Professional
and Public Building Zones
Currently, the Municipal Code (Section 26-575) requires that a 36-inch high block wall be
constructed on the outside perimeter of all off-street parking areas that are visible from a
public street. The intent of this standard was likely to screen automobile headlights at night
or to provide screening into parking area. The proposed code amendment would revise the
standard to require parking areas to be screened from public streets using means such as
land contouring, low -profile walls, shrub plantings or similar screens or a combination. The
new standard continues to provide screening but allows the applicant a variety of methods
to achieve the screening.
The Municipal Code currently requires that a minimum of 8 percent of a property be
landscaped in all nonresidential zones. This category includes the Manufacturing (M-1)
Zone. In considering the type of development that occurs in the Manufacturing zone, there
is generally less public access to the center and rear portions of a lot than there is in a
commercial zone. Much of the landscaping often ends up at the middle or the back of the
lot and may not be appreciated or maintained over time. The draft amendment has been
prepared reducing that requirement to four (4) percent with at least 75% of that landscaping
being within 50 feet of a public street. This will led to development with visible
landscaping that is more Likely to be maintained over time.
The Code currently requires that tattooing uses be separated by 300 feet from residential
uses or zones. Tattooing uses are allowed in the Downtown area which abuts areas that are
zoned residential but are improved with non-residential uses such as parking lots. The
proposed code amendment has been prepared to require a separation from residential uses,
but not from residential zones.
The proposed amendment has been drafted and the code text is attached to the resolution
ATTACHMENT NO.4
for your review (Attachment No. 1). If the Planning Commission chooses to recommend
approval of the proposed code amendment, the City Council will hold a public hearing to
consider adopting the proposed amendments.
ENVIRONMENTAL DETERMINATION
The proposal is not subject to the California Environmental Quality Act (CEQA) per
Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to
activity that results in direct or reasonably foreseeable indirect physical change in the
environment and for activity considered to be a project. The amendment to the West
Covina Municipal Code would not result in a physical change in the environment because
it would revise land use and development standards in nonresidential zones.
STAFF RECOMMENDATIONS
Based on direction, staff recommends that the Planning Commission adopt a resolution
recommending approval of Code Amendment No. 20-02 to the City Council.
Submitted by: Jeff Anderson, Community Development Director
ATTACHMENTS:
Attachment No. 1 - Resolution
Attachment No. 2 - Staff Report 2.25.20
Attachment No. 3 - Staff Report 2.25.20
Prepared by: Rene Aguilar, Planning Assistant
Attachments
Attachment No. 1 - Ordinance No. 2472
Attachment No. 2 - Planning Commission Resolution No. 20-6031
Minutes 4.14.20
Attachment No. 4 - Staff Report 4.14.20
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
Enhance the City Image and Effectiveness
Engage in Proactive Economic Development
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 20-02,
CODE AMENDMENT RELATED TO COMMERCIAL
(NONRESIDENTIAL) USES AND STANDARDS
WHEREAS, on the 281h day of January 2020, the Planning Commission initiated a code
amendment related to related to commercial standards; and
WHEREAS, the Planning Commission, did on 25'h day of February 2020, conduct a study
session to consider the initiated code amendment; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 24th day
of March 2020, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the City Counci, upon giving the required notice, did on the 23rd day of April,
conduct a duly advertised public hearing as prescribed by law on the proposed ordinance; and
WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and
determines that the proposed ordinance is statutorily exempt from the California Environmental
Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that
CEQA only applies to projects that have the potential for causing a significant effect on the
environment; and
WHEREAS, the City Council has duly considered all information presented to it,
including written staff reports and any testimony provided at the public hearing, with all testimony
received being made a part of the public record.
WHEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
WEST COVINA HEREBY ORDAINS AS FOLLOWS:
SECTION NO.1: Subsection (a) of Section 26-572 of Chapter 26, Article X, Division
3 of the West Covina Municipal Code is hereby amended to read as follows:
(a) A minimum of eight (8) percent of the total net area (net area shall be computed by excluding
public streets) of the development, in all zone except the Manufacturing (M-1) zone, shall
be landscaped, and permanently watered with a water efficient automatic irrigation system.
In the Manufacturing (M-1) zone, a minimum of four (4) percent of the total net area
(net area shall be computed by excluding public streets) of the development shall be
landscaped, and peruanently watered with a water efficient automatic irrigation
system, and 75 percent of the landscaping shall be within 50 feet of a public street.
Approximately one-half of such landscaped area shall be generally distributed throughout the
parking lot with the remainder as planted areas around buildings, peripheral planters around the
site, parkways, street tree wells and other locations as deemed appropriate by the planning
director. The planning director shall also determine whether the type, size, and location of the
proposed landscaping is appropriate given the scale and design of the development.
(b) No planting area shall be less than twenty-four (24) square feet or less than three (3) feet in
width (inside dimensions) with the exception of raised planter boxes around or in close
proximity to buildings.
(c) Parking lot trees.
(1) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory
to the planning director shall be planted for every ten (10) single row parking stalls or
every twenty (20) double row parking stalls within the parking lot in all zones.
(2) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory
to the planning division shall be planted for every five (5) single row parking stalls.
(d) Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful
consideration given to eventual size and spread, susceptibility to disease and pests, durability,
drought tolerance and adaptability to existing soil and climatic conditions. A majority of plant
material used through a development must be specimen -size material a combination of
twenty-four (24) inch boxed, thirty-six (36) inch boxed, and fifteen (15) gallon trees and
minimum five (5) gallon for shrubs.
(e) Unused space resulting from the design or layout of parking spaces or accessory structures
which is over twenty-four (24) square feet shall be landscaped.
(0 All planted areas shall be surrounded by a concrete curb six (6) inches above final grade or
above asphalt level of the parking lot. However, when such planted areas lie adjacent to a
concrete sidewalk, masonry wall, or a building, a raised concrete curb need not be provided
in the adjacent area.
(g) A minimum of six (6) feet of either the rear or side yard adjacent to residential zoning or
development shall be landscaped with specimen plant materials and trees appropriate in size
and type to create a sold plant screen, subject to the approval of the planning director, and as
represented on the approved landscaping plan.
(h) Undeveloped areas proposed for future expansion shall be maintained in a weed free and dust
free condition.
(i) All landscaping referred to in this section shall be maintained in a neat orderly fashion and
free of debris.
(j) The landscaping and irrigation plan shall be approved by the planning director in compliance
with the provisions of this division. Landscape and irrigation plans or projects with required
landscaping consisting of two thousand five hundred (2,500) square feet or more, shall be
prepared by a licensed landscape architect. The planning director has the right to disapprove
a landscaping plan if the quantity, size, type, placement and use of plant material do not meet
the minimum requirements of this division, Planning Comnvssion Guidelines for Water
Efficient Landscaping and Article XIV, Division 1.
(k) All landscape areas and irrigations systems shall be subject to the water efficiency provisions
contained in Division 1, of Article XW of Chapter 26 of this Code, and the Planning
Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by
those water efficiency provisions.
(Code 1960, § 10904.06; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1912, § 1, 1-15-93; Ord. No.
2030, § 4, 4-20-99; Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2205, § 3(Exb. A), 4-6-2010)
SECTION NO.2: Subsection (a) of Section 26-575 of Chapter 26, Article Y. Division
3 of the West Covina Municipal Code is hereby amended to read as follows:
Section. 26-575. — Walls and Screening
(a) All parking areas shall be screened from public rights -of -way with various means of
screening such as land contouring, low -profile walls, shrub plantings and similar screens
or a combination thereof. A dial, . 06) :neh high , e e Fnasawy, . doeo .,..:. e block
...11 Shall b@ .. ..:,le,l ....,1 -M-RiffitAiReEleff 41@ ,. ..:,1„ .. of all 84 StWel ..«L:..
abutgRger- 41.1e ffem ....ubli.. stF@@t @w@pt t 4iose paiRts of i4ff@ss apA a s f.)r either
VehiGU]aF or pedesui-,� traffic.- The. viall shag�e seb back .n4inimiam ,.f five (meet f-rltl,e
f...e HpA thj:g et1...,.L ..-VeFI ..hag be 1....,1..,.. p@d- Qthpr FR ..:..1., fffij, b@ ...e,l :f
approved by the pla�ing eewmiissien-.
41 lieu of the N.:.w. .. (36) :Rek 1,o SOFOeFl ..all 1....,1 e9i4E)HIiRg ..W 1....,1..,......
.alent to thi4 (764 :nehes in he:,.l.t of ...1.:.. ..f .....11 and, 1.....1 ..
(b) A six (6) foot high concrete, masonry or decorative block wall shall be provided and
maintained on the boundary of any nonresidential zone which abuts or lies across a public
street or alley from a residential zone except in the front setback area where said wall shall be
thirty-six (36) inches high.
(c) The height of all walls shall be measured from the highest finished grade within the required
adjacent setback.
(d) All walls shall be architecturally compatible with main buildings. Type, texture, and color
shall be approved by the planning commission. Barbed wire shall not be permitted.
(Code 1960, § 10904.09; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99; Ord. No.
2204, § 3(Exh. A), 2-16-10)
SECTION NO.3: Section 26-597 of Chapter 26, Article XI of the West Covina
Municipal Code is hereby amended to read as follows:
The following revisions to the Land Uses shall be inserted alphabetically into the list of use.
M M M M
R
R
F
F
F
F
O
N
R
S
C
C
M
I
P
O
A
1
8
15
20
45
P
C
C
C
2
3
1
P
B
S
Barber and
beauty shops
x_
x
x
x
x
x
x
Catering service
x
x
x
x
x
x
x
Coffee/snack
shop
x_
x_
Delicatessens
x
x
x
x
x
x
x
Ice Cream Stores
x
x
x
x
x
x
x
—
Indoor recreation
facilities
c
c
c
c
c
Pharmacies
X
X
X
X
X
X
X
Postal services
x
am
x
x
x
x
x
Tutoring faciillity
c
c
c
c
c
c
c
Veterinary
Hospital
c
c
c
c
c
c
x
c
SECTION NO.4: Section 26-598.5 of Chapter 26, Article XI 3 of the West Covina
Municipal Code is hereby deleted:
The c flowin t" uses aFe Frai«ea in the c n,... ing zones, .idea the . is designed
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SECTION NO.5: Section 26-685.7200 of Chapter 26, Article X111, Division 24 of the
West Covina Municipal Code is hereby amended to read as follows:
The practice of tattooing shall be subject to and comply with the following standards and
regulations:
(1) Tattooing uses may only be established in the 'R-C" and "M-l" Zones.
(2) A conditional use permit shall be obtained prior to establishing a tattooing use (as
specified in section 26-246).
(3) Tattooing uses may only be established in a tenant space with a minimum of one
thousand (1,000) square feet of gross floor area.
(4) Tattooing uses shall be located a minimum of three hundred (300) feet from a
residential zone eF use, religious facility, public parks, or educational institution which
is utilized by minors.
(5) Tattooing uses shall be located more than one thousand five hundred (1,500) feet
from the perimeter of the tenant space of any other tattooing use.
(6) Tattooing uses shall not operate between the hours of 1000 p.m and 10:00 a.m.
(7) Temporary or mobile tattooing uses or events are not allowed by this section.
(8) The parking requirement for a tattooing use shall be consistent with standards for
personal service business. Accessory use tattooing shall comply with the parking
requirements for the primary use.
(9) The tattooing use shall comply with the Los Angeles County Code Title 11,
Chapter 11.36, Body Art Establishments.
(10) A business license as required by Chapter 14 of the West Covina Municipal Code
shall be obtained prior to the start of the operation of the use.
(11) The planning commission may impose other conditions deemed necessary to
reasonably relate to the purpose of this division.
SECTION NO.6: That the City Clerk shall certify to the passage of this ordinance
and shall cause the same to be published as required by law.
SECTION NO.7: This ordinance shall take effect and be in force dirty (30) days
from and after the date of its passage.
PASSED, APPROVED AND ADOPTED this
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SBERRICK, Assistant City Clerk, of the City of West Covina, custodian of the original
records, which are public records which I maintain custody and control for the City of West Covina do
hereby certify the foregoing Ordinance, being Ordinance No. _ as passed by the City Council of
the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk,
at a regular meeting of the City Council held on the 5th day of May 2020, and that the same was passed
by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk