05-19-2020 - AGENDA ITEM 04 CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2472 - CODE AMENDMENT NO. 20-02 REGARDING COMMERCIAL LAND USES AND STANDARDSAGENDA ITEM NO.4
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AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 19, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2472 -
CODE AMENDMENT NO.20-02 REGARDING COMMERCIAL LAND USES AND
STANDARDS
RECOMMENDATION:
It is recommended that the City Council adopt the following ordinance:
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:
The Planning Commission initiated the code amendment on January 28, 2020, to consider modifying land uses in
commercial areas of the City to allow greater flexibility. On February 25, 2020, the Planning Commission held a
study session to review the proposed amendments. At the conclusion of the study session, the Planning
Commission gave direction to staff to draft a code amendment. On April 14, 2020, the Planning Commission held
a public hearing and recommended that the City Council approve the code amendment.
Based upon the actions and recommendations of the Planning Commission, the City Council held a public hearing
and introduced Ordinance No. 2472 at the May 5, 2020 City Council meeting.
DISCUSSION:
The purpose of the Ordinance is to amend the Municipal Code to modify certain land uses allowed in specific
zones and modify certain development standards for nonresidential uses, including screen walls, landscaping in
the M-1 zone, and the separation of tattoo uses from residential zoned properties. It is requested that the City
Council conduct the second reading and adopt Ordinance No. 2472.
The ordinance will take effect 30 days after adoption, which is on or about June 18, 2020.
LEGAL REVIEW:
The City Attorney's Office has reviewed the proposed ordinance and approved it as to form.
Prepared by: Jeff Anderson, Community Development Director
Fiscal Impact
FISCAL IMPACT:
The proposed code amendment would not have any direct fiscal impact to the General Fund.
Attachments
Attachment No. 1 - Ordinance No. 2472
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City hnage and Effectiveness
Respond to the Global COVID-19 Pandemic
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[ITT1 I► AMOO IOR-EVA
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 commercial standards; and
WHEREAS, the Planning Commission, did on the 25th 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 14th
day of April 2020, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the City Council, upon giving the required notice, did on the 5th day of May
2020, 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 fads 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 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)
shall be landscaped, and permanently watered with a water efficient automatic
irrigation system In the Manufacturing (M-1) zone, a rrrinimum 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 (mirimmn 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.
(f) All planted areas shall be surrounded by a concrete curb six (6) inches above final grade or
above asphalt level of the parking lot. However, when such planted areas 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.
0) 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 Commission
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.
SECTION 2: Subsection (a) of Section 26-575 of Chapter 26, Article X, 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 L444y sih (964 meh >,:e> maseaI5�,-of
,1,.,.8....9.,e blRL24 ....11 ..hag be p ..:,le,l and- .« ..e,lSH tL.e ,. tside .. Of .all eLT
and egress for-reither— velaeukaF or p€dees-44an 'ate Fame. The;AM1 shal-I he set hark a ...: : of
may be used if approved by ffie planning
equivaleat to Lhi;4 /76\-iae-.e.. in- l.e:,.l.t or a ..b-iflation of ..,..11 and 1.....] 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 commission Barbed wire shall not be permitted.
SECTION 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 I M I M M
R
R
F
F
F
F
O
N
R
S
C
C
M
I
P
O
A
l
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 shoe
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
Phartnacies
X
X
X
X
X
X
X
Postal services
x
ax
x
x
x
x
x
Tutoring facility
c
c
c
c
c
c
c
Veterinary Hospital
c
c
c
c
c
c
x
c
SECTION 4: Section 26-598.5 of Chapter 26, Article XI 3 of the West Covina
Municipal Code is hereby deleted:
g E E E-2 3 P 19
E�rlfi�ep * FTnotions
shops
* 3i
SECTION 5: Section 26-685.7200 of Chapter 26, Article XI1, 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 minitn un 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 9F 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 1000 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 Chanter 14 of the West Covina Municipal Code
shall be obtained prior to the start of the operation of the use.
5
(11) The planning commission may impose other conditions deemed necessary to
reasonably relate to the purpose of this division.
SECTION 6: The City Clerk shall certify to the passage of this ordinance and shall
cause the same to be published as required by law.
SECTION 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 19th day of May, 2020.
Tony Wu
Mayor
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
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STATE OF CALIFORNIA
COUNTY OF IDS ANGELES
CITY OF WEST COVINA
I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, do hereby certify the
foregoing Ordinance, being Ordinance No. 2472, was introduced at the May 5, 2020 regular Council
meeting and adopted at a regular meeting of the City Council on May 19, 2020, by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk