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Ordinance - 1106ORDINANCE NO. 1106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING SECTIONS 9210.2,9211.2, 9211.3, 92128,9213.8, 9217.2, 9217.3, 9217.4, 9217.5, 9222:81 9222.100 9222.190 9227.2, AND 9227.3 OF, AND REPEALING SECTION 9222.9 OF, THE WEST COVINA MUNICIPAL CODE, RELATING TO ZONING AND THE USE OF PROPERTY. (Amendment No. 98) follows: The City Council of the City of West Covina does ordain as SECTION 1. Section 9210.2 of the West Covina Municipal Code is amended as follows: (A) Paragraph (f), subdivision 3 of said Section 9210.2 is amended to read: "3. An average of at least one tree (minimum 15 gallon size) of a species satisfactory to the Recreation and Park Department shall be planted for every 10 single row parking stalls, or every 20 double row parking stalls within the parking lot.' (B) A new subdivision 7 is added to paragraph (f) of said section to read: "7. All planted areas shall be surrounded by a curb of concrete or comparable material 6 inches above final grade or above asphalt level of the parking lot. How- ever, 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." ,(C) A new subdivision 8 is added to paragraph (f) of said section to read: "8. A minimum of six feet of either the rear or side yard adjacent to residential zoning or development shall be landscaped with specimen`fplant 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." to read: (D) Subdivision 2 of paragraph (k) of said section is amended 12) 10 feet of each side property line adjacent to residential zoning or development. A minimum of six 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. The five feet of the front yard nearest the front property line shall be landscaped aigd the remaining ten feet may either be landscaped or utilized as a portion of a driveway or off- street parking area." (E) Paragraph (1) of said section is amended to read: "(1). Refuse Storage. All outdoor trash, garbage, and refuse storage shall be screened on all sides from public view by a minimum 5-1/2 foot high decorative concrete block or masonry wall, and the '10 opening provided with a gate of a durable wood or comparable material. Such area shall be so located as to be easily accessible for trash pick-up." (F) Paragraph (p) of said section is amended by adding a paragraph at the end thereof to read: "Such screening shall be as high as the highest portion of the equipment or ducting, and shall be permanently maintained." to read: (G) Subdivision 3 of paragraph (q) of said section is amended "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 comparable W,940,exp_rgof material; and must be enclosed and bird and vermin proof." (H) Subdivision 9 of paragraph (q) of said section is amended to read: "9. All sign illumination shall be from the interior of the sign and exterior illumination shall not be allowed. No sign visible from a public parking area or street shall be constructed or maintained to flash, rotate, or in any way simulate motion." SECTION 2. Section 9211.2 of said code is amended as follows: (A) Paragraph (e) of said section 9211.2 is amended to read: "(e) Off-street Parking. The following off-street parking spaces shall be provided: 1. Business, general retail, and personal service- one parking space for each 250 square feet of gross floor area. 2. Medical or dental office - one parking space for each 150 sgaure feet of gross floor area. 3. Business office - one parking space for every 300 square feet of gross floor area. 4. Restaurant - one parking space for every 3-1/2 permanent seats. Not less than 10 such parking spaces shall be provided. 5. Automobile service stations - one-half of a parking space for each employee with a minimum of two such spaces, plus a minimum of one parking space for each service bay. - 2 - All off-street parking facilities shall be public and open to use by customers of all businesses located in the center or separate facility." to read (B) Subdivision 3 of paragraph (f) of said section is amended "3. An average of at least one tree (minimum 15 gallon size) of a species satisfactory to the Recreation and Park Department shall be planted for every 10 single row parking stalls, or every 20 double row parking stalls within the parking lot.' (C) A new subdivision 7 is added to paragraph (f) of said section to read: "7. All planted areas shall be surrounded by a curb of concrete or comparable material 6 inches above final grade or above asphalt level of the parking lot. How- ever, 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." (D) A new subdivision 8 is added to paragraph (f) of said section to read: "8. A minimum of six feet of either the rear or side yard adjacent to residential zoning or development shall be landscaped with specimen plant material 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." • to read: (E) Subdivision 2 of paragraph (k) of said section is amended "2. 25 feet of each side property line adjacent to residential zoning or development. A minimum of 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. 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." (F) Paragraph (1) of said section is amended to read: 11(1) Refuse Storage. All outdoor trash, garbage, and refuse storage shall be screened on all sides from public view by a minimum 5-1/2 foot high decorative concrete block or masonry wall, and the opening provided with a gate of a durable wood or comparable material. Such area shall be so located as to be easily accessible for trash pick- up. it (G) Paragraph (p) of said section is amended by adding a paragraph at the.,.send thereof to read: Such screening shall be as high as the highest portion of the equipment or, ducting, and shall be permanently maintained.' - 3 - 0 0 (G) Subdivision 10 of paragraph (r) of said section is amended to read: "10. All sign illumination shall be from the interior of the sign and exterior illumination shall not be allowed. No sign visible from a public parking area or street shall be constructed or maintained to flash, rotate, or in any way simulate motion." SECTION 3. Section 9211.3 of said code is amended as follows: (A) Paragraph (f) of said Section 9211.3 is amended by adding the following subdivisions to said section in numerical order as follows: "5a. Bicycle shops. 13a. Gift, novelty, card and souvenir shops. 17a. Health food stores. 18a. Ice cream stores. 21a. Music stores. 21b. Newsstands. 24a. Radio and television stores. 2'6,,. Stamp and coin stores. 28a. Trading stamp redemption centers." (B) Paragraph (g) of said section is amended by adding the following numbered subdivisionsthereto in numerical order: "2a. Catering service. 2b. Clothing and costume rental establishments." SECTION 4. Section 9212.8 of said code is amended as follows: (A) Subdivision 3 of,paragraph (f) of said Section 9212.8 is amended to read: "3. An average of at least one tree (minimum 15 gallon size) of a species satisfactory to the Recreation and Park Department shall be planted for every 10 single row parking stalls, or every 20 double row parking stalls within the parking lot. (B) A new subdivision 7 is added to paragraph (f) of said section to read: "7. All planted areas shall be surrounded by a curb of concrete or comparable material 6 inches above final grade or above asphalt level of the parking lot. How- ever, 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." (C) Subdivision 2 of paragraph (k) of said section is amended to read: -4- "(2) 15 feet of each side property line adjacent to residential zoning or development. (D) Paragraph (1) of said section is amended to read: • "(1) Refuse Storage. All outdoor trash, garbage, and refuse storage shall be screened on all sides from public view by a minimum 5-1/2 foot high decorative concrete block or masonry wall, and the opening provided with a gate of a durable wood or comparable material. Such area shall be so located as to be easily accesible for trash pick-up." (E) Paragraph (p) of said section is amended by adding a paragraph at the end thereof to read: to read: "Such screening shall be as high as the highest portion of the equipment or ducting, and shall be permanently maintained." (F) Subdivision 3 of paragraph (q) of said section is amended "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 walls must be constructed of metal, wood, or comparable waterproof material; and must be enclosed and bird and vermin proof." (G) Subdivision 11 of paragraph (q) of said section is amended to read: "ll. All sign illumination shall be from the interior of the sign and exterior illumination shall trot be allowed. No sign visible from a public parking area or street shall be constructed or maintained to flash, rotate, or in any way simulate motion." SECTION 5. Section 9213.8 of said code is amended as follows: (A) Subdivision 3 of paragraph (f) of said Section 9213.8 is amended to read: "3. An average of at least one tree (minimum 15 gallon size) of a species satisfactory to the Recreation and Park Department shall be planted for every 10,single row parking stalls, or every 20 double row parking stalls within the parking lot." (B) A new subdivision 7 is added to paragraph (f) of said section to read: "7. All planted areas shall be surrounded by a curb of concrete or comparable material 6 inches above final grade or above asphalt level.of the parking lot. How- ever, 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." - 5 - (C) Subdivision 2 of paragraph (k) of said section is amended to read: "(2) 15 feet of each side property line adjacent to resi- dential zoning or development. The 5 feet of the front yard nearest the front property line shall be landscaped and the remaining 10:feet may either be landscaped or utilized as a portion of a driveway or off- street parking area. The 6 feet of either a rear or side yard adjacent to residential zoning or development shall be landsca ed with specimen plant material and trees ( see definition appropriate in type and size to create a solid plant screen. Such land- scaping shall be to the approval of the Planning Director as represented on the approved landscaping plan." (D) Paragraph (1) of said section is amended to read: "(1) Refuse Storage. All outdoor trash, garbage, and refuse storage shall be screened on all sides from public view by a minimum 5-1/2 foot high decorative concrete block or masonry wall, and the opening provided with a gate of a durable wood or comparable material. Such area shall be so located as to be easily accessible for trash pick-up." (E) Paragraph (p) of said section is amended by adding a paragraph at the end thereof to read: "Such screening shall be as high as the highest • portion of the equipment or ducting, and shall be permanently maintained." to read: (F) Subdivision 3 of paragraph (q) of said section is amended "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 comparable waterproof material; and must be enclosed and bird and vermin proof." (G) Subdivision 11 of said paragraphc(q) of said section is amended to read: "ll. All sign illumination shall be from the interior of the sign and exterior illumination shall not be allowed. No sign visible from a public parking area or street shall be constructed or maintained to flash, rotate, or in any way simulate motion." SECTION 6. Section 9217.2 of said code is amended to read: 9217.2 SAME AREA DISTRICT I. The lot or parcel area required in Area -District I shall i, be a minimum of seventy-five hundred (7,500) square feet and no lot or parcel shall be less than sixty (60) feet in width, and provided further that no lot or parcel shall be less than one hundred five (105) feet in depth. In Area District I the area of the dwelling enclosed within the exterior walls of the main building shall not be less than nine hundred fifty (950) square feet exclusive of garages and porches." �41 SECTION 7. Section 9217.3 of said code is amended to read: "9217.3 SAME. AREA DISTRICT II. The lot or parcel area required in Area District II shall be a minimum of nine thousand four hundred fifty (9,450) square feet, and no lot or parcel shall be less than seventy (70) feet in width, and provided further that no lot or parcel shall be less than one hundred ten (110) feet in depth. In Area District II the area of the dwelling enclosed within the exterior walls of the main building shall not be less than eleven hundred (1,100) square feet exclusive of garages and porches." SECTION 8. Section 9217.4 of said code is amended to read: "9217.4 SAME. AREA DISTRICT IIA. The lot or parcel area required in Area District IIA shall be a minimum of nine thousand four hundred fifty (9,450) square feet, and no lot or parcel shall be less than seventy-four (74) feet in width, and provided further that no lot or parcel shall be less than one hundred ten (110) feet in depth. In Area District IIA the area of the dwelling enclosed within the Ox terior walls of the main building shall not be less than twelve hundred (1200) square feet exclusive of garages and porches." • SECTION 9. Section 9217.5 of said code is amended to read: "9217.5 SAME. AREA DISTRICT III. The lot or parcel area required in Area District III shall be a minimum of fourteen thousand four hundred (14,400) square feet, and no lot or parcel shall be less than ninety (90) feet in width, and provided further that no lot or parcel shall be less than one hundred twenty-five (125) feet in depth. In Area District III the area of the dwelling enclosed within the exiterior walls of the main building shall not be less than fifteen hundred (1500) square feet, exclusive of garages and porches." SECTION 10. Section 9222.8 of said code is amended to read: "9222.8. SAME. NOTICE OF DECISION OF PLANNING COMMISSION WHEN APPROVING OR DENYING THE APPLICATION. When the -app lleatA!en of the Planning Commission is to recommend the approval or denial of an application, the Commission shall, within fifteen (15) days from the date of adoption of its resolution, notify the applicant by mailing a copy of the resolution to the address shown upon the application filed with the Planning Commission, and to any other person who has filed a written request for such noti- fication. A copy of such resolution shall also be filed with the City Council and with the City Manager on the same day as said mailing." -7- SECTION 11. Section 9222.10 of said code is amended to read: '19222.10 SAME. EFFECTIVE DATE OF ORDER GRANTING OR DENYING VARIANCE. TIME FOR APPEAL. The resolution of the Planning Commission in granting or denying a variance shall become final and effective twenty (20) days after the adoption of the resolution as required by Section 9222.8 unless within twenty (20) days after said adoption an appeal in writing is filed with the City Council by either the applicant or an opponent, or unless within said period the City Council shall, at any regular or special meeting of the Council, initiate such an appeal. The filing or initiation of such an appeal within such time limit shall stay the effective date of the order of the Planning Com- mission until such time as the City Council has acted on the appeal as hereinafter set forth in this Chapter." SECTION 12. Section 9222.19 of said code is --added, to read: "9222.19 SAME. FAILURE TO UTILIZE VARIANCE OR SLIGHT MODIFICATION. A variance or slight modification shall become null and void if not utilized within two (2) years from date of the resolution granting the variance or slight modification. If construction work is involved, such work must be actually commenced within the stated period and be diligently pursued. If the use authorized by a sign variance or slight modifica- tion is abandoned or discontinued for a period of six (6) consecutive months, such variance or slight modification shall become null and void. An extension of time for not to exceed six (6) months may be granted from the date of expiration of the variance or slight modification by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for the extension shall be submitted to the Planning Commission in writing prior to the expiration date, and shall clearly state the reasons why such variance or slight modification has not been utilized." SECTION 13. Section 9227.2 of said code is amended as follows: (A) Paragraph (a) of said Section 9227.2 is amended to read: "(a) Precise Plan of Design. A precise plan of design shall be required as part of an application -for service commercial zoning and as speci- fied in Section 9218." (B) Subdivision 3 of paragraph (f) of said Section 9227.2 is amended to read: "3• An average of at least one tree (minimum 15 gallon size) of a species satisfactory to the Recreation and Park Department shall be planted for every 10 single row parking stalls, or every 20 double row parking stalls within the parking lot." (C) A new subdivision 7 is added to paragraph (f) of said section to read: 1100 "7. All planted areas shall be surrounded by a curb of concrete or comparable material 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." (D) A new subdivision 8 is added to paragraph (f) of said section to read: to read: "8. A minimum of six 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 Direc- tor, and as represented on the approved landscaping plan." (E) Subdivision 2 of paragraph (k) of said section is amended "(2) 10 feet of each side property line adjacent to residential zoning or development. A minimum of six feet of either the rear or side yard adjacent to residential zoning or development shall be landscaped with specimen plant materials and trees ap- propriate 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. The five feet of the front yard nearest the front property line shall be landscaped and the remaining ten feet may either -be landscaped or utilized as a portion of a driveway or off-street parking area." (F) Paragraph (1) of said section is amended to read: "(1) Refuse Storage. All outdoor trash, garbage, and refuse storage shall be screened on all sides from public view by a mini- mum 5-1/2 foot high decorative concrete block or masonry wall, and the opening provided with a gate of a durable wood or comparable material. Such area shall be so located as to be easily accessible for trash pick-up." (G) Paragraph (p) of said section is amended by adding a para- graph at the end thereof to read: "Such screening shall be as high as the highest por- tion of the equipment oft ducting, and shall be permanently maintained." (H) Subdivision 3 of paragraph (q) of said section is amended to read: (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 comparable waterproof material; and must be enclosed and bird and vermin proof." (I) Subdivision 11 of paragraph (q) of said section is amended to read: "ll. All sign illumination shall be from the interior of the sign and exterior illumination shall not be allowed. No sign visible from a public parking area or street shall be constructed or maintained to flash, rotate, or in any way simulate motion." SECTION 14. Section 9227.3 of said code is amended as follows: (A) Paragraph (f) of said Section 9227.3 is amended by adding the following subdivision to said section in numerical order as follows: "2a. Family billiard parlors." (B) Paragraph (g) of said section is amended by adding the following numbered subdivisions thereto in numerical order: "4a. Art supply shops. 4h. Auction houses. 16a. Electrical supply stores. 17a. Floor covering stores. 18a. Furniture stores. 22a. Health food stores. 23a. Ice cream stores. 24a. Junior department stores. 26a. Mail order houses. 28a. Music stores. 28b. Newsstands. 29a. Pawn shops. 29b. Picture framing stores. 31a. Radio and television stores. 31b. Secondhand stores. 32a. Shoe shine stands (when an integral part of an existing building). 10 33a. Stamp and coin stores. 36. Toy stores. 37. Trading stamp redemption centers. 38. Variety stores." -10- 0 (C) Paragraph (h) of said section is amended by adding the following subdivisions to said section in numerical order as follows: "5a. Bicycle shops. 5b. Catering service. 50. Clothing and costume rental establishments. 6a. Diaper supply service. Ila. Locksmith shops (when an integral part of an exist- ing building). 22a. Swimming pool sales and service." (D) Paragraph (L) is added to said Section d9227.3 to read as follows: "(L) All of the uses authorized and permitted by this section shall be within an enclosed building unless specifically stated otherwise." SECTION 15. Section 9222.9 of said code is hereby repealed. SECTION 16. 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 ft day of December 1969. a o STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF WEST COVINA I, LELA W. PRESTON, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1106 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 24th day of Noypmbpr , 1969. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the g day of December , 19 9, by the following vote, to wit: AYES: Councilmen: Gillum, Nichols2 Chappelll Lloyd, Gleckman NOES: Councilmen: None ABSENT: Councilmen: None APPROVED AS TO FORM: