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Ordinance - 1285ORDINANCE NO. 1285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING PART 16 OF CHAPTER 2 OF ARTICLE IX OF THE WEST COVINA MUNICIPAL CODE, RELATING TO UNCLASSIFIED USES (Amendment No. 131). The City Council of the City of West Covina does ordain as follows: • • SECTION 1. Part 16 of Chapter 2 of Article IX of the West Covina Municipal Code is hereby repealed and in lieu thereof A nnw Uarf- l 9 i c MAAA 7 i-r n'k-4— 7 --F A -4-; -1 - Tv a-- ---A . • Part 16 - Unclassified Uses 9216_ PLANNING COMMISSION MAY GRANT UNCLASSIFIED USE PERMITS. From time to time land uses are of such a special nature or possess such unique characteristics as to make impractical their inclusion into certain, specific classes of uses as set forth in the permitted use sections of the various zones. Notwithstanding any other provisions of this chapter, the Planning Commission, after application therefor and hearing after notice in the manner provided in Part 24 of this chapter may authorize the unclassified uses included herein if it finds that the required factual showings for the issuance of an unclassified use permit have been made. 9216.1 REQUIRED SHOWING FOR UNCLASSIFIED USE PERMIT. • 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 - 2 - • any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith. (d) That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed 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 CERTAIN USES. The following table designates the zones in which certain . uses are either permitted as a matter or right, permitted by unclassified use permit, or prohibited: A - Allowed by right P - Probibited • U - Unclassified Use Permit required - 3 - PERMITTED UNCLASSIFIED USE PERMITS i A - Allowed by right P - Prohibited U - U.U.P. required TMR.. R—A P-1 MP-0 MF'_l r, MV 7n Mr- n c n n TT n c e, Airports and heli- ports P P P P U U U U U U U 'U U U U U U P P Alcoholic treat- ment institutions P P P P U U U U U U U U U P U P U P P Ambulance service P P P P P P U P U U U U U P, U P U P P Amusement parks P P P P P U U U U U U U U U U P U P U Auditoriums U U U U U U U U U U U U U P U U U P P Automobile service stations P P P P P P P U U U U U A U P P U P P Borrow nits U U U U U U U U U U U U U U U U U U U Cemeteries, colum- bariums, crema- tories, mortuaries and mausoleums U U U U U U U U U U U. U U P P P U P A Child nurseries, schools and care centers U U U U U U U U U U U U U P P P U P P Churches (minimum 2 acre site) U I U U U U U U U U U U U U P P P U p p Circuses, carnivals and fairgrounds U U U U U U U U U U U U U U U P U P U Clubs ( rivate) U U U U U U U U U U U U U P P P U P P Commercial radio or television stations U I U U U U U U U U U U U U U I U I P U P P • TTSR R-A R-1 MF-R MF_1 r; MF-9n MR-dr, n-P N-C S-C C-C R-C C-9 C-1 M-1 T-P P-R Drn Dal:? n_c Commercial vehi- cle 13arking U U U U U U A A A A A A A A A P A A P Conversions from apartments to con- dominiums P P U P P P P P P P P P P P P P P P P Dance halls (public orprivate) P P P P P P P U U U U U U P P P U P P Drive-in, drive - through, walk-up commercial uses P P P P P P P P U U U U U U P P U P P Foster homes U U P P P P P P P P P P P P P P U P P Fraternity and so . rority houses U U U U U U U. U U U U U U P P P U P P Golf courses or golf driving ran es U U U U U U U U U U U U U U U A U P A Gun shooting ran es (indoor) P P P P P P U U U U U U U U U A U P A Gun shooting , ranges (outdoor) U U P P P P P P P P P P P P U A P P A Hobby kennel U U P P P P P P P P P P P P P P P P P Hospitals (animal) U P P i P P P P P U U U U U A U P U P P Hospitals (human) U U U U U U U U U U U U U P P P U P P Institutions of philanthropic or eleemos ar nature U U U U U U U U U U U U U P P A U P P Jail or honor farms ii IF (publicly owned) P P P P P U U U U U U U U U P Tj i LO i 0 40 TT.SF R-A R-I MF-8 MF-15 MF-qn MF-Aq n-P N-C S-C C-C R_C C-? C_1 M_1 I_P P_R PrT) PAR n-S Lodge halls and similar facilities P P P P U U U U I U U U U U P P P U P P Medical complexes (minimum 1 acre site) U U U 'U U U A A A A A A A P P P A P P Mental institutions and sanitariums P P P P U, U U U U U U U U P P P U P P Natural resources I � including buildings and related facili- ties U U U U U U U TJ U U U U U U U P U P A O en air theaters P P P P P U U U U U U U U U P A U I P P Orphanages U U U U U U U U U U U U U P P P U P i P Outdoor restaurants P P P P P P P U U U U U U U P P U I P P Public utility sta- i tions, yards, wells and similar faci- lities U U U U U U U U U U U U U U U U U U A Race tracks P P P P P P P P P P P P P U P P P P U Recreational cen- ters (private) U U U U U U U U U U U U U P P P U P U Rest homes and • uest homes U U U U U U U U U U U U U P P P U P P, Retirement homes and convalescent homes U U U U U U U U U U U U U P P P U P P Riding stables and riding schools U U U U U U U U U U L U U I U 1 U P A U P A TTSP R-A R-1 MP-R MP-1S MP-9n MP_dr� n-P N-C S-C C-C R-C C-9 C-1 M-1 T-P P-P Von nnT� n_c Rodeos U U U U U U U U I U I U U U I U U U P U I P U Sanitary land fills U U U U U U U U U U U U U U U A U U U Schools and col- leges (public and rivate) U U U U U U U U U U U U U P P P U U A Sewage disposal plants U U U U U U U U ju I U I U I U U U U j U I U U U • (b) The following uses shall be permitted in the Planned Administrative Research Zone subject to the granting of an Unclassi- fied Use Permit. 1. Manufacturing, including but not limited to the following:, A. Manufacturing, and/or assembly of the following or similar products: a. Aircraft and related components b. Automobiles, trucks, trailers and parts C. Boats d. Clocks and watches e. Coffins f. Ceramic products g. Concrete products h. Electrical•appliances i. Farm equipment j. Heating and ventilating equipment k. Linoleum 1. Machinery and machine tools M. Musical instruments n. Neon signs o. Novelties p. Oil well valves and repairs q. Optical goods r. Refrigeration S. Screw machine products t. Sheet metal products U. Shoes v. Silk screens W. Sporting goods X. Springs y. Stencils B. The manufacture of products made from the following: a. Aluminum b. Bags, except burlap bags -or sacks c. Batteries d. Boxes, paper e. Brass f. Cans g. Copper h. Glass i. Grinding.wheels j. Iron k. Linoleum 1. Matches m. Mattresses n. Paper o. Steel p. Tin q. Tools r. Wool s. Yarn C. The manufacturing, compounding, processing or treatment of the following: a. Acids, non -corrosive b. Candles c. Cigarettes and cigars d. Detergents e. Disinfectants f. Dye g. Food products h. Lubricating oil i. Pharmaceutical products j. Plastics • k.. Toiletries 1. Vitamin products m. Waxes and polishes D. Woodworking shops (provided that, if a planer-, router, sticker or molder is maintained, all doors and windows in the outside walls of the room in which said machinery is located shall be kept closed while said machine is in use) which pro- duce such products as box, furniture and wood products. 2. Industries engaged in the distribution and/or storage or warehousing of products similar to • those listed as permitted uses in this section. • 3. General contractor and construction industries relating to the building industry, such as general contractors, electrical contractors, plumbing contractors, etc. " 4. Accessory uses and structures where related and incidental to a permitted use. f (c) The Planning Commission may, after determining that the provisions of this section are met, grant an unclassified use permit to a specified use and at its discretion so add the use to the lists in Section 9216.2. 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 0 application shall set forth fully in writing the showings for the facts deemed to justify the granting of the unclassified use per- mit and the applicant sha711 provide 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, except public, governmental uses shall be exempt from said fee requirements. 9216.5 PLANNING COMMISSION PUBLIC HEARING. Consideration of an unclassified use permit by the Planning - 10 - • Commission shall be in public hearing which shall be advertised as provided in Part 24 of this chapter and shall occur not later than sixty (60) 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 i 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 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 resolu- tion 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. C, J The City Council may, because of making substantial changes, or because of a desire for additional information, or due to the sub- mission 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. 12 - 0 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. 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 CITY COUNCIL DECISION AND FINDINGS. The City Council, following the termination of the public hearing, shall: (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 resolution 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. - 13 - • (c) Attach a copy of the resolution to the file in the case and return the complete file to the Planning Commission 9216.14 DECISION OF THE CITY COUNCIL SHALL BE FINAL. Action by the City Council on application for an unclassi- fied 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 applicable to property upon which an application for an unclassified use permit has been requested may be increased by the Planning Commission and/or City Council as a con- dition of the granting of the unclassified use permit. This includes • but is not limited to signs, fences, walls, height restrictions, density, yards, building coverage, and off-street parking. 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 substantially alter the plan. - 14 - • 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 ,diligently pursued. If the City should find that there has been no construction 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 circum- stances 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 con- struction has not commenced. 9216.18 SIGNS PERMITTED. .Whenever any use is permitted by unclassified use permit, unless otherwise expressly provided, the sign regulations of the underlying zone shall apply except that within the residential zones the sign privileges of the 0-P Zone may be utilized. 9216.19 DISCONTINUANCE OF UNCLASSIFIED USE PERMIT In the event that the use for which an unclassified use permit has been granted is ..discontinued for a period of six months, IS the unclassified use permit shall become null and void. 15 - 0 • • SECTION 2. The City Council does hereby find and declare that the changes in the unclassified use provisions of the West Covina Municipal Code contained herein are adopted for the purpose of updating and clarifying those positions and are, therefore, ' categorically exempt under the California Environmental Quality Act of 1970 and the State Guidelines and the categorical exemption is hereby approved. 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 22nd day of December 1975. Attest: L+ µCity Clerk STATE OF.CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF WEST COVINA ) r I, LELA W. PRESTON, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1285 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 8th day of December , 1975. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 22nd day of December , 1975, by the following vote, to wit: AYES: Councilmen • Shearer, Miller, Browne, Tice, Chappell NOES: Councilmen: None ABSENT:Councilmen: None APPROVED AS TO FORM: City A t me �' al - , Q1, - /'; 6-, 6 �' City Clerk - 16 -