Ordinance - 1029ORDINANCE NO. 1029
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA RELATING TO ZONING AND PRESCRIBING
THE PROCEDURE FOR AND THE CONDITIONS UPON THE
ISSUANCE OF UNCLASSIFIED USE PERMITS.(Amendment 85)
• The City Council of the City of West Covina does ordain as
follows:
SECTION 1. Part 16 (consisting of Sections 9216 to 9216.3
inclusive) of Chapter 2 of Article IX of the West Covina Municipal Code
is hereby repealed.
SECTION 2. Part 16 (consisting of Sections 9216 to 9216.17
inclusive) is added to Chapter 2 of Article IX of the West Covina
Municipal Code, to read:
"PART 16 - UNCLASSIFIED USES
9216. PLANNING COMMISSION MAY GRANT UNCLASSIFIED USE PERMIT.
It is hereby declared that the following uses are of such
a special nature or possessive of such unique characteristics as to
make impractical their inclusion into certain, specific classes of
uses as set forth in the various zones herein defined.
Such uses may, therefore, be authorized by the Planning
Commission in zones in which they are otherwise prohibited when such
uses are found by the Planning Commission to be essential or desirable
• to the public convenience"or welfare.
9216.1. REQUIRED SHOWING FOR UNCLASSIFIED USE PERMITS.
Prior to the granting of an unclassified use permit it
shall be shown:
(a) That the proposed use at the particular location is
necessary or desirable to provide a service or facility which will
contribute to the general well being of the neighborhood or community.
(b) That such use will not, under the circumstances of
the particular case, be detrimental to the health, safety, peace or
general welfare of persons residing or working in the vicinity or
injurious to property or improvements in the vicinity.
(c) That the site for the proposed use is adequate in size
and is so shaped as to accommodate said use, as well as all yards, spaces,
walls, fences, parking, loading,landscaping, and any other features
necessary to adjust said use with the land and uses in the neighborhood
and make it compatible thereto.
(d) That the site abuts streets and highways adequate in
width and improvements to carry traffic generations typical of the pro-
posed uses and that street patterns of such a nature exist as to guarantee
that such generations will not be channeled through residential areas
on local residential streets.
• (e) That the granting of such unclassified use permit will
not adversely affect the General Plan of the City, any other adopted
plan of the City, or the adopted plan of any other governmental agency.
9216.2 ZONES PERMITTING OR PROHIBITING USES BY UNCLASSIFIED USE PERP,IIT.
The following numerically indexed table designates the zones in
which certain uses are permitted or prohibited by unclassified use permit
or allowed as a matter of right:
1. • Prohibited in the zones so specified.
2. Allowed only after an unclassified use permit has been
granted in the zones so specified.
• 3. Allowed as a matter of right in the zones so specified.
t,SF. R-A R-1 R-2 R-3 R-4 R-P C-1 C-2 C-3 T-P M-1 P-R
Airports and heliports
1
1
1
2
1 2
1 2
2
2
2
2
1'2
12
Alcoholic treatment
1
1
1
2
2
2
2
2
2
2
1
1
institutions
Amusement parks
1
1
1
1
.2
2
2
2
2
2
2
1
Auditoriums
2
2
2
2
2
2
2
2
2
2
1
2
Automobile service stations
1
1
1
1
1
1
2
2
3
1
1 2
1
Cemeteries, columbariums,
crematories, mortuaries
2
2
2
2
2
2
2
2
2
1
1
1
and mausoleums
Child nurseries, schools
2
2
2
2
2
2
2
2
2
1
1
1
and care centers
Churches (minimum 2 acre
2
2
2
2
2
2
2
2
2
1
1
1
site
Circuses, carnivals and
2
2
2,
2
I 2
2
1 2
2
I 2
2
2
1,
fair grounds
1,Clubs (private)
2
2
2
2
2
2
2
2
2
1
1
1
Commercial radio or
2
2
2
2
2
2
2
2
2
2
2
1'
television stations
Dance halls (public or
1
1
1
1
1
1
2
2
2
1
1
1
private)
Fraternity and sorority
2
2
2
2
2
2
2
2
2
1
1
1
houses
Golf courses or golf
2
2
2
2
2
2
2
2
2
2
2
3
driving ranges
.Gun
shooting ranges
1
1
1
1
1
2
2
2
2
2
2
3
( indoor)
Gun shooting ranges
2
2
1
1
1
1
1
1
1
.1
2
3
(outdoor)
Hospitals (animal)
2
1
1
1
1
1
1
2
2.
2
3,
1
Hospitals (human)
2
2
2
2
2
2
2
2
2
1
1
1 i
Institutions of
philanthropic or-
2
2
2
2
2
2
2
2
2
1
1
3
eleemosynary nature
Jail or honor farms
1
1
1
1
2
2
2
2
2
2
2
1
(publicly owned)
Lodge halls and similar
1
1
1
2
2
2
2
2
2
1
1
1
facilities
I
USE
R-A R- 1 R- 2 R- 3 R- 4 R- P C-1 C- 2 C- 3 T- P M-1 P-R
(Medical complexes :,minimum
2
2-
2
2
2
3
3
3
3
1
1
1
1 acre site;
dental institutions and
l
1
1
2
2
2
2
2.
2
1
1
1
sanitariums
Natural resources including
buildings and related
2
2
2
2
2
2
2
2
.2
2
2
1
facilities
Open air theaters
1
1
1
1
2
2
2
2
2 I
1
2
3
Orphanages
2
2
2
2
2
2
2
2
2 I
1
I 1
1
Public utility stations,
yards, wells and
2
2
2
2
2
2
2
2
2
2
2
2
similar facilities
Race tracks
1
1
1
2
2
2
2
2
2
1
2
1
Recreational centers
2
2
2
2
2
2
2
2
2
1
1
1
(private)
Rest homes and guest homes
2
2
2
2
2
2
2
2
2
1
1
1
Retirement homes and
2
2
2
21
2
2
2
2
2
1
1
1
convalescent homes
Riding stables and riding
2
2
2
2
2
2
2
2
2
1
2
3
schools
Rodeos
2
2
2
2
2
2
2
F2
2
2
2
1
Sanitary land fills
2
2
2
2
2
2
2
2
2
2
2
3
Schools and colleges
2
2
2
2
2
2
2
2
2
1
1
1 1
(public or private)
Sewage disposal plants
2
2
2
2
2
2
2
2
2
2
2
2'
9216.3 APPLICATION PROCEDURE.
The City Council, Planning Commission, owner or owners, purchaser
or lessee of property may submit an application for an unclassified use
permit on the forms provided by the City. Said application shall set
Ororth fully in writing the showings for and the facts deemed to justify
granting of the unclassified use permit and the applicant shall pro-
vide all maps, drawings, plats, ownership lists and related materials
as specified on the application.
9216.4 APPLICATION FEE.
An application for an unclassified use permit shall be accompanied
by a filing fee of $100.00 except public, governmental.uses which shall
be exempt from said fee requirement.
-3-
9216 . 5 PLANNING COMMiSS ION PUBLIC HEARING.
consideration of an unclassified use permit by the Planning
Commission shall be in public hearing which shall be advertised .as pro-
•vided in Part 24 of this Chapter and shall occur not later than forty (40)
days after the filing of the application.
9216.6 PLANNING COMMISSION DECISION AND FINDINGS.
The Planning Commission, following the termination of the public
hearing, shall:
(a) Within thirty (30) days announce its decision to approve or
deny the application by resolution which shall clearly state the facts and
reasons for the decision rendered and any conditions or limitations imposed.
(b) Within fifteen (15) days after adoption of said resolution,
.whether the application is approved or denied, notify the applicant by
forwarding through the mails a copy of the resolution to the address on'
the application and to any other person who has filed a written request for
such notification. Said resolution shall also be filed with the City
Council on the same day as said mailing.
(c) Keep all reports as a permanent record in the files of the
Commission.
9216.7 EFFECTIVE.DATE OF PLANNING COMMISSION DECISION.
The decision of the Planning Commission shall become final and
effective within twenty (20) days after adoption of the resolution stating
• the decision unless appealed to the City Council.
9216.8 APPEAL PROCEDURE.
Anyone so desiring may appeal the decision of the Planning
Commission to the City Council in writing accompanied by an appeal fee
of $25.00 within twenty (20) days after adoption of the decision resolution.
The City Council within the same twenty (20) days may also in either a
regular or special meeting initiate such appeal. Upon being notified of
such appeal by the Clerk of the City Council, the Planning Commission
Secretary shall immediately transmit to said Clerk the complete file in
the case,
9216.9 CITY COUNCIL PUBLIC HEARING.
Consideration of an appeal of the Planning Commission decision
on an unclassified use permit shall be a public hearing which shall be
advertised as provided in Part 24 of this Chapter and shall occur within
thirty (30) days of the filing or initiation of such appeal.
9216.10 REFERRAL BACK TO PLANNING COMMISSION.
The City Council may, because of making substantial changes, or
because of a desire for additional information, or due to the submission
of significant new material or evidence, refer the matter back to the
Planning Commission for further study and report_ If so referred, the
Planning Commission Secretary shall state to the City Council the date
upon which said matter will appear on the Planning Commission agenda,
whereupon said date shall immediately be publicly announced by the City
Council.
9216.11 PLANNING COMMISSION FAILURE TO REPORT.
Failure of the Planning Commission to report back to the.City
Council within forty.(40) days after referral shall be deemed to be
approval by the Planning Commission of City Council changes or actions.
WE
9216,.12 PLANNING COMMISSION REPORT TO CITY COUNCIL.
The Planning Commission -report .to City Council shall be considered
in public hearing before the City Council after.re-noticing in exactly the
same manner as the original appeal.
9216.13
shall:
CITY COUNCIL DECISION AND FINDINGS.
...The City .CDunci1,_following the termination of the public hearing,
(a) Within thirty ;30) days announce its decision to approve,
modify, or deny the application by resolution which shall clearly state
the facts and reasons for the ,decision rendered and any conditions or
limitations imposed.
(b) Within ten (10) days after the City Council adopts the r'
lution stating whether the application is approved or denied notify the
applicant by forwarding through the mails a copy of the resolution to the
address on the application and to any other person who has filed a written
request for such notification,
(c) Attach a copy of the resolution to the file in the case and
return the complete file to the PlanninglCommission.
9216.14 DECISION OF THE CITY COUNCIL SHALL BE FINAL.
Action by the City Council on application for an unclass ified.use
permit shall be by majority vote of .a quorum of the City Council and shall
be final and conclusive.
9216.15 EXISTING REGULATIONS.
• Any existing regulations applicab
application for an unclassified use permit
increased by the Planning Commission and./o
of the granting of the unclassified use pe
not limited to signs, fences, walls, heigh
building coverage, and off-street parking.
e to property upon which an
has been requested may be
City Council as a condition
mit. This includes but is
restrictions, density, yards,
9216.16 AMENDMENT TO AN UNCLASSIFIED USE PERMIT.
The Planning Commission may grant an amendment to the approved
unclassified use permit only after all procedures as set forth for the
original application are met except that the request for such amendment
may be in letter form in lieu of being placed on the official form of
application for an unclassified use permit.
The Planning Director may approve in writing on the approved plan
of an unclassified use permit minor modifications without the benefit of
public hearing when such modifications do not adversely affect the public
interest or the interest of owners.of neighboring properties or substan-
tially alter the plan.
9216.17 FAILURE TO UTILIZE AN UNCLASSIFIED USE PERMIT.
Failure to utilize an unclassified use permit within eighteen
(18) months of its effective date (unless extended by action of the
Planning Commission or City Council) will automatically void such
•unclassified use permit. In the event construction work is involved,
such work must actually commence within the stated period and be dili-
gently pursued. If the City should find that there has been -no con-
struction of substantial character taken or if such construction should
lapse for more than six (6) months, the unclassified use..permit shall be
void.
An extension of time in the amount of six (6) months may be
granted from the date of expiration of .the unclassified use permit by the
Planning Commission or City Council when extenuating circumstances can
be clearly shown by the applicant. The request for same shall be submitted
to the Planning Commission in writing prior to the,expiration date and'
shall clearly state the reasons why construction has not commenced."
r
SECTION 3. The City Clerk shall certify to the passage of
this ordinance and shall cause the same to be published as required by
law_
Passed and approved this
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF WEST COVINA
I, LELA PRESTON, City Clerk of the City of West Covina,
do hereby certify that the foregoing Ordinance No. 1029 was
regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 13th day of February , 1968,
That, thereafter, said ordinance was duly adopted and passed at a regular
meeting of the City Council on the 26th day of February , 1968,
by the following vote, to wit:
AYES: Councilmen: Gillum, Nichols, Gleckman, Snyder, Krieger
NOES: Councilmen: None
ABSENT:Councilmen: None
Cl