Ordinance - 606ORDINANCE NO. 606
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA AMENDING CERTAIN SECTIONS OF ORDINANCE`
10. 32-55 PERTAINII� TO ZONING AND ZONING PROCEDURES.
Amen ent No. 2 1
The City Council of the City of West Covina does ordain as
follows:
SECTION 1. The City Council does hereby find, determine
and declare that the following amendments were duly initiated, that
notice of
hearing thereon was duly given and published, that public
hearings
thereon were duly held by the Planning Commission and City
Council,
and that the public convenience and necessity and the
general welfare require that the following changes and amendments
be made.
SECTION 2. Sections 1200, 1705, 1706, 1707, 1708, 1705,
1710,'1711, 17120 1800, 1801, 18020 1805, 18o6, 1807, 1809, 1810,
1811, 18120 1813, 18140 1815, 1900, 1905, 1908, 2100 and 2300 of
Ordinance No. 325, passed and approved the 28th day of June, 1954,
known as "The Comprehensive Zoning Ordinance", are hereby amended
to read, respectively, as follows:
"SECTION 1200: PERMITTED USES. All of the following, and
all matters directly relating thereto, are declared to be special
uses permitted in any zone provided and on condition that an
unclassified use permit for the location and operation thereof shall
be granted and obtained under the procedure (but not the grounds
set forth in Article 17 of this ordinance. This declaration is based
on the fact that all of the uses hereinafter enumerated, possess
characteristics of such unique and special form as to make impractical
. their being included automatically in any of the classes of uses set forth
in the various zones herein defined. Such permit shall be denied where
it is found that the proposed use at the proposed location would
adversely affect the public peace, health, safety or general welfare
of the City or the community.
(1) Airports or landing fields
(la) Churches, schools, public playgrounds and parks
(2) Borrow pits to a depth of over three feet
(3) Cemeteries
(4) Columbariums, crematories, mortuaries and mausoleums,
provided these uses are specifically excluded from the
R-1 and R-2 zones, unless inside of a cemetery.
(5) Establishments or enterprises involving large
assemblages of people or automobiles as follows,, provided
these uses are specifically excluded from the R-1, R-2
and R-3 zones:
a Amusement parks
b Circuses, carnivals, or fairgrounds
c Open air theatres
d Public utility service yards or electrical
receiving and/or transforming stations
e Race tracks and rodeos
f Recreational centers privately operated
g Dance halls
(6) Hospitals, (not including small animal) sanitariums and
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mental hospitals, provided these uses shall be
specifically excluded from the R-1 and R-2 zones.
(7) Institutions for treatment of alcoholics, provided these
uses shall be specifically excluded from the R-1 and R-2
zones.
(8) Jail farms or honor farms, publicly owned and used for
the rehabilitation of prisoners, provided these uses
shall -be specifically excluded from the R-1 and R-2,
and R-3 zones.
(9) Natural mineral resources, the development of, together
with the necessary buildings, apparatus or appurtenances
incident thereto, provided that no review or permit
shall be required for the exploration of oil, rock, sand,
gravel, or clay if this or any other ordinance makes
separate provisions with respect thereto.
(10) Public utilities or utilities operated by mutual agencies
consisting of water wells, electrical substations, gas
metering stations, telephone exchanges, power boosters
or conversion plants within the necessary buildings,
apparatus or appurtenances incident thereto, but not
including distribution mains.
(11) Refuse, disposal of
(12) Sewage disposal plant provided they are excluded from
the R-1. R-21 and R-3 zones."
•"SECTION 1705: NOTICE AND HEARING ON APPLICATION FOR VARIANCE
OR CONDITIONAL USE PERMIT. Upon filing of an application for a
variance or conditional use permit by a property owner, or by a purchaser
or lessee with the consent of the owner, which application sets forth
fully the grounds for and the facts deemed to justify the granting of
the variance or conditional use permit, or upon adoption of a resolution
by the Planning Commission or City Council initiating the same, the
Planning Commission shall give public notice, as provided in Article
19, of the intention to consider at a public hearing the granting of
such variance or conditional use permit."
"SECTION 1706: PLANNING COMMISSION SHALL MAKE REPORT ON
FINDINGS AND DECISION. Not more than thirty (30) days following the
closing of the public hearing on a variance or conditional use permit,
the Planning Commission shall announce its findings by resolution and
said resolution shall recite, among other things, the facts and
reasons which, in its opinion, make the granting or denial of the
variance or conditional use permit necessary to carry out the provisions
and general-purpose of this ordinance, and shall order that the variance,
or conditional use permit, be granted or denied, and if such resolution
orders that the variance or conditional use permit be granted it shall
also recite such conditions and limitations as it may impose .`
"SECTION 1707: REPORT OF PLANNING COMMISSION ANNOUNCING
FINDINGS AND CONDITIONS SHALL BE NUMBERED AND KEPT AS PERMANENT RECORD.
The resolution of the Planning Commission announcing its findings and
decision, after hearing on an application for a variance or a conditional
use permit, shall be numbered consecutively and shall become a
permanent record in the files of the Planning Commission."
"SECTION 17o8: NOTICE OF DECISION OF THE PLANNING COMMISSION.
Not later than ten (10) days following the rendering of a decision
ordering that a variance or a conditional use permit be granted or
denied, a copy of the resolution shall be mailed to the Applicant at
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the address shown on the application filed with the Planning Commission,
and to any other person who has filed a written request for such
notification. A copy of such resolution shall also be filed with the
City Council before the date of its next meeting and with the City
Manager."
"SECTION 1709: EFFECTIVE DATE OF ORDER GRANTING OR DENYING
VARIANCE OR CONDITIONAL USE PERMIT. TIME FOR APPEAL. The resolution
of the Planning Commission in granting or denying a variance or
conditional use permit shall become final and effective twenty (20) days
after the adoption of the resolution, unless within ten (10) days after
the adoption of said resolution an appeal, in writing, is filed with
the City Council by either the Applicant or an opponent, or unless
within said 20 day period the City Council by motion shall initiate
such an appeal. The filing or initiation of such appeal within such
time limit shall stay the effective date of the order of the Planning
Commission until such time as the City Council has acted on the appeal
as hereafter set forth in this ordinance."
"SECTION 1710: TRANSMISSION OF PLANNING COMMISSION'S RECORD
TO CITY COUNCIL. Upon receipt of a written appeal filed with the City
Council as provided herein, or upon the initiation of such an appeal
by the Council, the Planning Commission shall thereupon transmit to the
City Council the Commission's complete record of the case."
"SECTION 1711: CITY COUNCIL TO HOLD PUBLIC HEARING ON APPEAL.
Within not to -exceed thirty (30) days following the filing or initia-
tion of'the appeal, the City Council shall conduct a duly advertised
public hearing, public notice of which shall be given as provided in
Article 19,"
"SECTION 1712: CITY COUNCIL TO ANNOUNCE FINDINGS AND
.DECISION BY RESOLUTION. Section 1812 shall apply to proceedings under
this Article. The City Council shall announce its findings and
decision by resolution not more than thirty (30) days following the
closing of the hearing, or following the report from the Planning
Commission when a matter has been referred back to the Planning Com-
mission, and said resolution shall recite, among other things, the
reasons which, in the opinion of the City Council make the granting or
denial of the variance or conditional use permit necessary to carry
out the general purpose of this ordinance, and shall order that the
variance or conditional use permit be granted or denied or modified,
subject to such conditions and limitations as it may impose."
"SECTION 1800: ORDINANCE MAY BE AMENDED. Whenever the
Public necessity, convenience, general welfare, or good zoning practice
require, the Council may amend, supplement, or change the regulations,
zone boundaries, or classifications of property,•now or hereafter
established -by this ordinance, or otherwise amend this ordinance as
follows:
(a) Amendments, supplements, or changes that do not change
any property from one zone to another or impose any
new regulation or modify or remove any existing
regulation on the use or development of property may
be initiated and adopted as other ordinances are,
initiated and adopted, and without compliance with
this Article.
(b) Amendments, supplements, or changes to this ordinance
and/or the accompanying Official Zoning Map which
change any property from one zone to another or which
add, modify, or remove any regulation pertaining to
the use or development of property shall be initiated
and adopted in accordance with the procedures stated
in this Article."
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"SECTION 18ol: INITIATION OF AMENDMENT. Amendments of this
ordinance may be initiated by:
(1) The verified application of one or more owners of
property proposed to be changed or reclassified, or
by a purchaser or lessee with consent of the owner.
(2)
Resolution
of
the City Council
(3)
Resolution
of
the Planning commission."
"SECTION 1802: APPLICATION FOR AMENDMENT. Whenever the owner
of any land or building, or any such purchaser or lessee with the
consent of the owner, desires an amendment, supplement, to or change
of the regulations prescribed for his property, or a reclassification
of his property, he may file with the Planning Commission'an applica-
tion therefor, verified by him, requesting such amendment."
"SECTION 1805: TIME FOR HEARINGS. The hearing shall be held
not later than thirty (30) days following the filing of the application
or the passage of a resolution by the Planning Commission or the City
Council."
"SECTION 1806: COMMISSION TO ANNOUNCE FINDINGS. The Planning
Commission shall announce its findings and decision by resolution not
more than thirty (30) days following the closing of the hearing, and
said resolution shall recite, among other things, the facts and reasons
which, in the opinion of the Commission, make the approval or denial
of the application for the amendment necessary to carry out the general
purpose of this ordinance, and shall recommend the adoption of the
amendment by the City Council, or deny the application." -
."SECTION 1807: NOTICE OF COMMISSION'S DECISION WHEN
APPROVING. When the Commission's Action is to recommend the adoption of
the amendment, the Commission shall, within ten (10) days from the date
of such action, notify the Applicant by forwarding a copy of the resolu-
tion to the Applicant at the address shown upon the application, and
shall forward to the City Council a copy of the .said resolution,
together with the complete file in the case."
."SECTION 18o9: COMMISSION'S ACTION SHALL BE FINAL WHEN
DENYING APPLICATION. The action of the Planning Commission in denying
an application for amendment shall be final and conclusive unless,
within twenty (20) days following the date of the decision by the
Planning Commission an appeal in writing is filed with the City Council
by the Applicant or such appeal is.initiated by the City Council on its
own motion."
"SECTION 1810: TRANSMISSION OF COMMISSION'S RECORD TO CITY
COUNCIL. Upon appeal filed or initiated as provided in this Article,
the Clerk of the City Council shall advise the Secretary of the
Planning Commission who shall transmit to said Clerk of the City Council
the Planning Commission's complete record of the case."
"SECTION 1811: CITY COUNCIL TO HOLD PUBLIC HEARING ON
COMMISSION'S RECOMMENDATIONS ON AMENDMENTS, AND ON APPEALS. Within
not to exceed thirty (30) days following receipt of the Resolution
from the Planning Commission recommending the adoption of the amendment
or the filing or initiation of an appeal from an order of the Com-
mission denying an application for an amendment, as provided in this
Article, the City Council shall conduct a duly advertised public
hearing on the matter, public notice of which shall be given as provided"
in Article 19."
"SECTION 1812: ADVERSE DECISION TO BE'REFERRED TO PLANNING
COMMISSION. If any material new matter is presented to the City Council
which was not presented to the Planning Commission, and if the decision
of the City Council is substantially contrary to the action taken by
the Planning Commission, the City Council shall refer its findings to
the Planning Commission and request a further report of the Planning
Commission on the matter. Failure of the Planning Commission;to report
to the City Council within thirty (30) days after reference may be
deemed to be approval by the Planning Commission of any proposed
change."
"SECTION 1813: CITY COUNCIL TO ANNOUNCE FINDINGS AND
DECISION. The City Council shall announce its findings and decision
by ordinance, if approving an amendment, or by resolution, if denying
an amendment, adopted not:more than thirty (30) days following the
termination of the hearing, or following receipt of a report from the
Planning Commission when a matter has been referred back to the Planning
Commission."
"SECTION 1814: DECISION OF CITY COUNCIL SHALL BE FINAL.
The action by the City Council on the application for amendment shall be
by majority vote of the entire membership of the City Council and shall
be final and conclusive."
"SECTION 1815: NOTICE OF DECISION OF CITY COUNCIL. Not
later than ten (10) days following the adoption by the City Council of
an ordinance ordering an amendment to this ordinance, or of a resolution
denying an application or recommendation for an amendment, one (1)
copy of such ordinance or resolution shall be forwarded to the
Applicant at the address shown upon the application, and one (1) copy
shall be attached to the file in the case and the complete file returned
to the Planning Commission for permanent filing.',' -
"SECTION 1900: COMMISSION SHALL PRESCRIBE FORM OF APPLICA-
® TION BLANKS AND TYPE.OF REQUIRED INFORMATION. The Planning Commission
shall prescribe the form in which applications are made for changes
in zone boundaries or classifications, for variances, conditional use
permits, unclassified use permits, or approval of precise plans of
design. It may prepare and provide blanks for such purpose and may
prescribe the type of information to be provided in the application by
the applicant. No application need be accepted unless it complies
with such requirements."
"SECTION 1905: NOTICES. Notice of the date, time,,.place
and purpose of public hearings shall be given in the following manner:
(A) For reclassification of property from one zone to
another, or for a variance, conditional use permit,
unclassified use permit, or precise plan of design:
(1) By one (1) publication in a newspaper having
general circulation in the City of West Covina
at least ten (10) days prior to date of said
hearings; and'shall give additional notice;
(2) By posting in front of the property and not
more than one hundred (100) feet apart on
each side of the street upon which said pro-
perty fronts for a distance of not less than
three hundred (300) feet in each direction
from said propert under consideration, not
less than ten (10� days prior to the date of
such hearing, a notice consisting of the words
"NOTICE OF PROPOSED VARIANCE," "NOTICE OF
CONDITIONAL USE PERMIT," "NOTICE OF UNCLASSIFIED
USE PERMIT," "NOTICE OF PRECISE PLAN," "NOTICE
OF AMENDMENT," "NOTICE OF CHANGE IN ZONE
BOUNDARIES OR CLASSIFICATION" (whichever the
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case may be) printed in plain type with letters
of not less than one inch in height and a state-
ment in six or eight point type setting forth
the required information, namely ---
a Description of property under consideration
b Nature of the proposal
c Time and place at which public hearing is
to be held,
and/or
(3) By mailing a notice not less than ten (10) days
prior to the date of the first of such hearings
to the owners of property within a radius of
three hundred 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
roll of the County Assessor of Los Angeles County.
Such notice shall contain the information as
required in a posted notice as above described.
(4) Both mailing and posting are to be used in all
instances unless otherwise directed by the
Planning Commission or City Council, as the case
may be.
(B) For amendment of Ordinance: In cases concerning a
proposed change in the text of this ordinance, not
involving a reclassification of property from one
zone to another, notice of the time, place, and
purpose of such hearing shall be published once in
a newspaper of general circulation in the City of
West Covina not less than ten (10) days prior to
the date of hearing and the title of such notice
shall consist of the words "NOTICE OF PROPOSED
AMENDMENT TO ZONING ORDINANCE" in larger type than
that used for the balance of the notice. No post-
ing or mailing of notice shall be required."
"SECTION-190$: PERMANENT FILES SHALL INCLUDE SUMMARY OF
TESTIMONY. A'summary of all pertinent testimony at the public hear-
ings held in connection with an application filed pursuant to this
ordinance, and the names of persons testifying shall be recorded and
made a part of the permanent files of the case, but a failure to
observe requirements of this section shall not affect the validity of
any action."
"SECTION 2100: CERTIFICATE OF OCCUPANCY. To assure com-
pliance with the parking provisions and other provisions of the
zoning ordinance, a Certificate of Occupancy shall be obtained from
the Building Department before any premises shall be occupied or used,
or before any building be hereafter erected, altered, occupied or
used in the following instances:
(1) Before any new building or addition to any building
be initially occupied or used,
(2) Before any existing building be altered or a- change
of type or class of use be made.
(3) Before a change of use of any unimproved premises
be made.
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No Certificate of Occupancy shall be issued until all applicable
provisions of this ordinance have been and are being complied with.`
"SECTION 2300: VIOLATORS PUNISHABLE -BY FINE AND IMPRISONMENT.
Any person, firm or corporation violating or failing to comply with
any provisions of this ordinance shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be punishable by a fine of not more
than Five Hundred ($500.00) Dollars or by imprisonment in the County
Jail for a period of not more than six (6) months, or by both such
fine and,imprisonment."
SECTION 3. Section 304 of said Ordinance No. 325 is hereby
amended to read as follows:
"SECTION 304: CHANGE IN BOUNDARIES. Changes in the boundaries
of the zones shall be made by ordinance amending this ordinance,
initiated and adopted in the manner hereinafter required or authorized."
SECTION 4. Section 600 of said Ordinance No. 325 is hereby
amended by the deletion therefrom of items (3), (4), and (5) reading
as follows:
"(3) Churches, except tent.
"(4)' Schools, elementary, junior high and high.
"(5) Public playgrounds."
SECTION 5. Section 1000 of said Ordinance No. 325 is hereby
amended by the deletion of item 15 reading as follows:
"(15) Funeral parlors. It
SECTION 6. Said Ordinance No. 325 is hereby amended by the
addition thereto of a new Section 1714 reading as follows:
"SECTION 1714. SIGNS PERMITTED. Whenever any use is per-
mitted by variance or unclassified or conditional use permit, whether
heretofore or hereafter granted, unless otherwise expressly provided
therein to the contrary, such use shall include the right to erect
and maintain such signs pertaining thereto as would be permitted in
the most restrictive zone in which such use is permitted without
variance or unclassified or conditional use permit, and if such use
is not so permitted in any zone, then such signs'shall conform to
the provisions relating to signs in the C-1 zone."
SECTION 7. Section 1804 of said Ordinance No. 325 is hereby
repealed.
SECTION 8. The City Clerk shall certify to the passage of
this ordinance and shall publish the same as required by law.
Passed and approved this 22nd, day of December 1958.
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF WEST COVINA
I, ROBERT FLOTTEN, City Clerk of the City of West.Covina,
do hereby certify that the above Ordinance No. 606 was regularly
introduced and placed upon its first reading at a regular meeting of
the City Council on the 8th day of December I, 1958. That,
thereafter, said ordinance was duly adopted and passed at a regular
meeting of the City Council on the 22rid day of - December ,
1958, by the following vote, to -wit:
AYES: Councilmen: Heath, Brown, Barnes, Pittenger, Mayor Mottinger
NOES: Councilmen: None
ABSENT:Councilmen: None
City Clerk
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