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West Covina Municipal Code is hereby repealed and in lieu thereof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
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• 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
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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
•
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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
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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
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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
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• 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.
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• 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
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