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Ordinance - 1059ORDINANCE NO. 1059 AN -ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING PART II OF ARTICLE IX AND ADDING A NEW PART II TO ARTICLE IX, THEREBY ESTABLISHING THE NEIGHBORHOOD COMMERCIAL (N-C) ZONE AND TRANSFERING ALL PROPERTY IN THE C-I ZONE TO THE NEIGHBORHOOD COMMERCIAL (N-C) ZONE. (Amendment No. 89) The City Council of the City of West Covina does ordain as follows: SECTION 1. Part II of Article IX of the West Covina Municipal Code is hereby repealed. SECTION 2. Part II is hereby added to Article IX of the West Covina Municipal Code to read: "PART II - N-C ZONE 9211 NEIGHBORHOOD -COMMERCIAL (N-C) ZONE. PURPOSE. The purpose of the Neighborhood -Commercial (N-C) Zone is to classify and set standards for those retail and service commercial uses which by their nature are of moderate intensity; are necessary in order to provide convenient daily shopping facil- ities to,residential home and apartment dwellers; and are generally adjacent to or within close proximity to residential zoning or development and, therefore, require extraordinary physical treat- ment in order to guarantee compatibility with and protection to surrounding properties and their values. 9211.1 CRITERIA. The following general criteria are hereby established for use in the classification or reclassification of land to the neighborhood -commercial zone. (a) General Plan - Compliance with the General Plan shall be established.l� (b) Location - Neighborhood -commercial centers should serve several nelg-h or odds and be located with primary access to:a major street, preferably at the intersection of a major and collector street or two major streets. Land so utilized should be topographically suited to such use without major earth movement, resulting in unsafe or unsightly cut or fill slopes. (c) Need - A demonstrated public need shall be established within the general area. (d) Site Area - A minimum of four acres based upon the guide of one acre of neighboFhood commercial for every 1,000 persons up to a maximum of ten acres. This criteria shall not apply to any parcel of land rezoned from C-1 to neighborhood -commercial (N-C) by Section 19/1p1/of this ordinance. (e) Utilities - The existing utilities systems (water, sewer, drainage, a ectr cal, gas, and communications facil- ities) are adequate or new systems will be constructed which will be adequate to serve a neighborhood -commercial land use. 9211.2 DEVELOPMENT STANDARDS. The following development standards shall apply to all neighborhood -commercial zone changes unless a waiver of one or more of the standards has been granted by the Planning Commission and City Council. A request for waiver and the justification there- for shall be filed in writing at the time that the application for a zone change is filed. (a) Precise Plan of Design . If the property is adjacent to or across a public street or alley from a residential zone, the application shall be accompanied by a precise plan of design (as specified in Section 9218) showing its compatibility to the adjacent residential uses. (b) Architectural Treatment Examples of the architectural treatment in the form of at least one perspective and one elevation shall be submitted with any application for neighborhood -commercial zoning and shall become an integral part of such application. (c) Non -Conversion No single family residential structure may be converted to neighborhood -commercial use. (d) Underground Utilities All utilities shall be underground in accordance with Chapter 5 of Article VII of this Code. (e ) Off -Street Parking . One parking space for each 250 square feet of gross floor area (see definition) shall be provided in any neighborhood -commercial center. All off-street parking facilities shall be public and open to use by customers of all businesses located in the center. 0 (f) Landscaping 1. A minimum of 8% of the total net area (which net area shall be computed by excluding streets) of the development shall be landscaped, permanently watered, and maintained. Approximately one-half of such landscaped area shall be generally distributed throughout the parking lot with the remainder distrib- uted as planted areas around buildings, peripheral planters around the site, parkways, street tree wells, and other appropriate locations. 2. No planting area shall be less than 24 square feet or less than 3 feet in width with the exception of raised planter boxes around or in close proximity to buildings. -2- 11 1] • 3. An average of at least one tree of a species satisfactory to the Recreation and Parks Department shall be planted for every 10 single row parking stalls or every 20 double row parking stalls within the parking lot. 4. 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, and adaptability to existing soil and climatic conditions. 5. Each unused space resulting from the design or layout of parking spaces or accessory structures which is over 24 square feet shall be landscaped. 6. The landscaping plan shall be drawn to a minimum scale of 1 inch for each 50 feet; shall indicate the square footage of each planting area; shall tabulate the square footage of all landscaped areas and percentage of the total site devoted to landscaping; shall iden- tify at the planting area the type of plant; shall list the botanical and common names of all plants with the number of each and their container size; and shall clearly portray the permanent irrigation system. (g) Site Size No neighborhood -commercial center shall consist of less than four acres of usable land (less than 10% grade). The center may, however, be a combination of many parcels totaling at least four acres but its design must be integrated and unified. This development standard shall not apply to any parcel of land rezoned from C-I to neighborhood -commercial (N-C ) by Section 9211, y of this ordinance. (h) Building Coverage Building coverage commercial center parcel or lot shall not parcel or lot exclusive of all existing or alleys. (i) Walls of any neighborhood - exceed 50% of the center required streets and 1. A 36 inch high concrete, masonry, or decorative block wall shall be provided and maintained on the outside perimeter of all off-street parking areas abutting or visible from a public street except -3- at those points of ingress and egress for either vehicular or pedestrian traffic. The wall shall be set back a minimum of 5 feet from the property line and this setback area shall be landscaped. . 2. A 6 foot high solid concrete or masonry wall shall be provided and maintained on the boundary of any neighborhood - commercial zone which abuts or lies across a public alley from a residential zone except in the front setback area where said wall shall be 36 inches high. (j) Height Limit Buildings within the neighborhood -commercial zone which are within 100 feet of a single family residential zone, shall have a maximum height of 25 feet. (k) Yards be constructed within: No building or above ground structure shall 1. 25 feet of the front or rear property lines. 2. 5 feet of each side property line except when adjacent to residential zoning and development when said side yard shall be a minimum of 25 feet. The 5 feet of the front yard nearest the front property line shall be landscaped and the remaining 20 feet may either be landscaped or utilized as a portion of a driveway or off- street parking area. The 10 feet of either a rear or side yard adjacent to residential zoning or development shall be landscaped with specimen plant material and trees (see definition) appropriate in type and size to create a solid plant screen subject to the approval of the Planning Director and as represented on the approved landscaping plan. (1) Refuse Storage All outdoor trash, garbage, and refuse storage areas shall bescreened on all sides from public view by a minimum 5 1/2 foot high decorative concrete block or masonry wall. (m) Storage All storage of wares, merchandise, crates, bottles, or similar items shall be within a completely enclosed building. -4- (n) Loading Facilities All loading or unloading facilities shall reasonably be located at such a depth within a completely enclosed building as to reasonably contain and restrict the emission of noises typically attributed to such function as determined by the Planning Director. (o) Lighting All lighting of the building, landscaping, parking lot, or similar facilities shall be so hooded and directed as to reflect away from adjoining properties. (p) Mechanical Equipment All ground mechanical equipment shall be completely screened behind a permanent structure and all roof top mechanical equipment shall be placed behind a permanent parapet wall and be completely restricted from all view. (q) Hours of Operation No neighborhood -commercial center shall open its facilities for business nor shall any loading or off- loading of any materials, commodities, or products take place except as follows: 1. Sunday through Thursday - 7:00 A.M. through 10:00 P.M. 2. Friday and Saturday - 7:00 A.M. through 12:00 P.M.' The provisions of this subdivision shall not apply to any parcel of land rezoned from C-1 to neighborhood - commercial (N-C ) by section g$/i. y of this ordinance for a period of 5 years from the effective date of that section. (r) Signs thereto will be allowed: The following signs and conditions 1. Two square feet of advertising sign (see definition), up to a maximum of 300 square feet, will be allowed on the front of the building for every lineal foot of building frontage (see definition). No such sign need be less than 40 square feet regardless of the lineal building frontage. In addition, such advertising signs may cover a maximum of 12% of the front plate glass windows, but must be neatly painted or of attach- able gold or silver leaf or similar material. -5- 2. One square foot of identifying sign (see definition), up to a maximum of 150 square feet, will be allowed on the sit(ior rear of a building for every lineal foot of building frontage when said side or rear is . oriented to or faces a public parking area or street. In addition, aft such identifying signs may cover a maximum of 12% of the side or rear plate glass windows (if the above conditions prevail), but must be neatly painted or of attachable gold or silver leaf or similar material. 3. All attached signs must be flat against and project no further than 18 inches from the building or structure and shall not extend above the top of the wall; must be constructed of metal, wood, or compar- able weatherproof material, and must be enclosed and bird and vermin proof; interior signs excepted. 4. One double-faced or single -faced detached advertising or identifying sign, not to exceed one and one- fourth the height of the building or 35 feet from ground level, • whichever is less, will be allowed only when the building location or configuration or topographical variation or other like circumstances preclude the effective use of a sign on the building but must have the explicit approval as to necessity, size, and location of either the planning Director, Planning Commission, or City Council. The square footage of each face, however, shall in no case exceed that amount allowed on the front of the building and shall be subtracted therefrom. All detached signs shall be placed within a permanently landscaped area of no less than 24 square feet surrounded by a concrete or com- parable curb of no less than 6 inches. 5. One name plate, not exceeding 2 square feet 1n area, containing the name, address, hours of operation or license number of an occupant will be allowed at every exterior entrance to a building. • 6. One sign attached to the main building, not to exceed 32 square feet of surface area, pertaining only to the sale, lease, or rental of the particular building, property, or premises upon which displayed. Unimproved property will be allowed one detached sign of the same size no higher than 10 feet from ground surface. 7. No sign may encroach upon or over- hang adjacent property or public right-cf—way unless an encroachment permit has been approved by the City Council as set forth in the Municipal Code. 8. Signs painted on the walls of buildings are prohibited. 9. Temporary signs painted or attached to either surface of windows or visible therefrom will be allowed on the ground floor level but shall obscure no more than 20% of the total square footage of such windows, or signs totaling no more than 20% of the square footage of such windows may be allowed in permanent, weather- proof display boxes attached flat • against the surface of the building. Such signage shall advertise only products available on the premises and shall be allowed for a period of not more than 30 days without total change of copy. 10. All sign illumination will be from the interior, and no sign visible from a public street shall be constructed or maintained to flash, rotate, or in any way simulate motion. 11. The square footage of a sign made up of letters, words, or symbols within a frame, ems,, shall be de- termined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words, or symbols shall be determined from imaginary straight lines drawn around the entire copy or grouping of such letters, words, or symbols. Only those portions of the construction elements that are an integral part of the sign • itself shall be considered in the allocation of square footage allowed. -7- 12. Banners and pennants without wording erected for the purpose of advertising the original opening of a business may be permitted by the Building Department, with a service charge of $6.00, for a period of not to exceed thirty days. The location and size of the same shall not obstruct the view of neighboring property. The permit may contain reasonable conditions including a deposit of $25.00 to guarantee the removal of the said banners or pennants at the end of the permit period. 13. One sign bearing the name of the occupants of the building and conforming to a size of not more than 5 feet in horizontal length and 1 foot in vertical height shall be permitted in addition to the other signs allowed herein when such signs are placed beneath a canopy or roof overhang, with a minimum clearance of 8 feet from the sidewalk. 14. A detached sign, no higher than 25 feet from ground surface, shall be permitted to identify a shopping center or department store. The total area of sign displayed shall not be larger than 100 square feet per face or 200 square feet total when the gross square feet of floor space of the shopping center or department store is between 30,000 square feet and 100,000 square feet; shall not be larger than 200 square feet per face or 400 square feet total when the gross square feet of floor space of the shopping center or department store is between 100, 000 square feet and 250,000 square feet; shall not be larger than 300 square feet per face or 600 square feet total when the gross square feet of floor area of the shopping center or department store is larger than 250,000 square feet. The general location and dimensions of the identification sign shall be approved by the Planning Director unless fixed by a Precise Plan or by the Planning Commission or by the City Council. • 15. The outdoor display and sale of merchandise and minor temporary signs relating thereto during special promotional events may be permitted for the use of any shopping center or department store for a period of not to exceed three consecutive shopping days during any calendar year, such activity to be conducted wholly on private property. 16. All signs shall be structurally safe, shall be painted (nontoxic) or of rust inhibitive material and shall be maintained in good condition in the opinion of the Planning Director, Building and Safety Director, Planning Commission, or City Council. It shall further be the responsibility of the roperty owner of the land and or improvements to remove any sign or signs on premises abandoned for a period of over 60 days. 17. One temporary double-faced or two single -face signs, no higher than 10 feet from ground surface, not to exceed 75 square feet per face, denoting the proposed or future construction on a particular site will be allowed for a period not to exceed six months prior to construction, with the right of renewal for an additional six months. Said sign may indicate the particulars of the proposed construct- ion; the company, firm, or individual, instrumental in its creation; the architect, engineer, contractor; and rental, sale, or lease information. If construction commences, said sign or one similar thereto will be allowed until seven days after completion of the project, which will be determined from the date of the occupancy permit. 18. Service stations, after the granting of an Unclassified Use Permit, shall be allowed the following addi- tional signs: A. Two standard double-faced "A" boards or similar ground signs, not exceeding 12 square feet per face or -9- 8 feet above ground level and located not less than 15 feet from any street, intersection, or driveway opening. B. One detached sign, not to exceed one and one fourth the height of the building or 35 feet from ground level, whichever is less, and not exceeding a total of 50 square feet per face or 100 square feet total, placed in a permanently landscaped area of no less than 24 square feet surrounded by a concrete or comparable curb of no less than 6 inches. 9211.3 PERMITTED USES.. 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. (a) Auxiliary uses of the following type: 1. Outdoor Amusement Devices, Vending Machines, Weighing Scales, and similar as an incidental, auxiliary, or accessory use of those allowed in N-C Zone (b) Educational facilities of the following type: 1. Dancing, Art, Music, and similar training Schools (c) Financial institutions of the following type: 1. Banks 2. Savings and Loan Associations (d) Office uses of a business, administrative, service, consulting, or professional type. (e) Recreational and entertainment facilities of the following type: 1. Athletic Clubs (including appropriate outdoor activities) 2. Family Billiard Parlors 3. Slot Car Racing (f ) Retail sales facilities of the following type: 1. Antique and Import Stores 2. Apparel Shops 3. Appliance Stores -10- 4. Auto Supply Stores (excludes installation) 5. Bakery Shops 6. Book Stores . 7. Business Equipment Sales (includes repairs) 8. Camera Shops 9, Candy Shops 10. Delicatessens 11. Drug Stores 12. Dry Goods and Notions Stores 13, Florist Shops (including outdoor display) 14. Glass Shops (excludes edging, beveling, silvering, and staining) 15. Grocery Stores 16. Gun Shops 17. Hardware Stores 18. Hobby Stores 19. Jewelry Stores 20. Liquor Stores (off -sale) 21. Meat Markets 22. Paint Stores 23, Pet Shops (excludes dangerous animals and venomous reptiles, fish and the like) 24. Pottery Sales 25, Shoe Stores 26. Sporting Goods Stores 27. Stationery Stores 28. Supermarkets (g) ,Service establishments of the following type: 1. Auto Service Stations (requires Unclassified Use) 2. Barber and Beauty Shops 15*C 3. Drapery and Decorating Shops 4. Dressmaking Shops 5. Dry Cleaning, Press, or Laundry Shops (excludes on site cleaning except for self-service) 6. Massage Parlors includes sauna bath and related uses# 7. Medical and Dental Laboratories 8. Photo Studios 9. Reducing Salons 10. Restaurants (indoor seating only) 11. Shoe Repair Shops 12. Tailor Shops (h) Service transportation facilities of the following type: 1. Travel Agencies (i) Other uses as specified in Part 16 of this Ordinance after the granting of an Unclassified Use Permit. • (j) Other neighborhood -commercial or related uses which in the opinion of the Planning Commission and City Council are similar in character to those enumerated in this section. 9g:11.4 Notwithstanding any other provision of this Code, including Section 9202.2 and the zoning map referred to therein any premises included in the C-I Zone are hereby transfered to and included in the Neighborhood -Commercial (N-C) Zone created and provided for in this Part." 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 28thday of October ,1968. Mayor 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. 1059 was regularly introduced and placed upon its first reading at an adjourned regular meeting of the City Council on the21st day of October , 1968. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th day of October , 1968, by the following vote, to wit: AYES: Councilmen: Chappell, Nichols, Gillum, Lloyd, Gleckman .� NOES: Councilmen: None ABSENT: Councilmen: None City Clerk APPROVED AS TO FORM: a,&.AfAAttooey 1 I* -13-