Ordinance - 1550ORDINANCE NO. 1550
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA
MUNICIPAL CODE BY ADDING DIVISION 8 TO CHAPTER 26,
ARTICLE XII'. AND AMENDING SECTIONS 26-252 AND 26-253
OF CHAPTER 26, ARTI.CLE VI, RELATING TO DANCE FACILITIES
• ON PROPERTY WITHIN NON-RESIDENTIAL ZONES. (Amendment No. 171)
The City Council of the City of West Covina does ordain
as follows:
SECTION 1: Division 8, Section 26-684 is hereby added to the
West Covina Municipal Code and will read as follows:
DIVISION 8. Dance Facilities
SECTION 26-684=-Purpose: The purpose of this division is to
provide for the establishment and operation of dance halls and dancing
in accordance with certain requirements designed to insure compatibil-
ity of such facilities with surrounding buisnesses.and residential
development.
SECTION 26-684.1 - Regulation Application: The requirements
of this division shall apply to dance halls and dance facilities. Any
bu.siness which permits a dance or dancing on the premises, whether for
profit or not for profit, whether as a. primary use or in conjuction with
a commercial use shall be considered a.dance facility except dance
schools as defined in Section 26-42.1 of this Chapter.
SECTION 26-684.2 - Development Standards and Operating
Restrictions:
• a.Dance halls and dance facilities may be, established and
operated only in the zones specified in Section 26-597 of
the Zoning Code.
b. An unclassified use permit shall be obtained prior to
establishing a dance hall or dance facility (as specified
in Article IV,- Division of'this Chapter) and shall be
subject to periodic review by the Planning Commission
every six months for an;.initi'al'.two.-yea:rs""from date .of 'commencement
off' the dance ; faci'l i ty-� oppration•:and,:;�s.ub ject to subsequent rev ew, at
least once every three years thereafter.
c. Live entertainment and other entertainment activities
conducted on the premises shall be subject to the City
no!-s,e regulations prescribed in Chapter 15, Article IV
of 'the Municipal Code.
d. The permitted occupancy or.total number of patrons allowed
to enter the premises for dancing or related activity shall
be restricted to two (2) persons per parking space provi.ded
on -site or the maximum occupancy permitted by the Uniform
Building Code whichever is.less..
e. Parking required for a dance hall or dance facility shall be
pro'vided at a rate of one on -site parking space for every
• twenty (.20) square feet of dance and related assembly area.
1. Dance related a.ssembly area shall include any interior or
public space of the premises used in connection with
dancing or dance related activities but shall not include
a dining area which is not operated in connection with
dancing and is physically separated from such activities
by a wall.
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2. A dance facility with the main entrance at a
distance greater than 300 feet from the nearest
residential development and also located within a
comprehensively planned shopping center is not
subject to the above specified requirements for
parking.
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f. Hours of operation for dance facilities may be estab-
lished by the Planning Commission but in no case shall
extend beyond 1:45 a.m.
g. An unclassified use permit for dancing activity shall
be granted personally,•tbtk
"',the owner of such business or
use and shall become null and void upon transfer of
ownership or any other interest for such business or
u s e,.
h. There shall be no public nuisance created by such use
as a result of noise.
SECTION 2: Section 26-252 is hereby amended to the West
Covina Municipal Code and will read as follows:
a. Failure to utilize an unclassified use permit within
one year 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 Planning Director
should find that there has been no construction of
substantial character, if construction stops for more
than six (6) months, the unclassified use permit shall
be void.
• b. Extension of time up to a maximum of one year 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 sub-
mitted to the Planning Commiss(ilon in writing prior to
the expiration date and shall clearly state the reasons
why construction has not commenced or been continued.
(Code 1960 - 10503,07; Ord. No. 1333, 1, 4-25-77)
C. In the event that the use for which an unclassified use
permit has been granted is discontinued for a period
of six (6) months, the unclassified use permit shall
become null and void.
d. In certain cases as stated in Article XII (Unique Uses)
the unclassified use permit shall be -terminated for
reason of transfer. of ownership or any other interest.
SECTION 3: Section 26-253 is hereby amended to the West
Covina Municipal Code and will read as follows:
Section 26-253 - Revocation:
a. The Planning Commission may revo-k1e, amend or suspend
. an"unclassified use permit upon finding that:
1. The use is detrimental to the public health, safety
or welfare or is a nuisance; or
2. The permit was obtained by fraud; or
3. The use has not been exercised prior to the expir-
ation date on the Resolution approving the unclassi-
fied use permit; or
4. The use has ceased or, been suspended for a period
of six (6) months or more; or
5. The conditions of approval have not been complied
,wi.th; or
6. The required showings for an unclassified use permit
.(as specified in Section 26-247) have been violated;
or
7. The use is not being operated in the manner or for
the purpose contemplated by the approval of the
permi t,.,.
b. After notice of the alleged violations of the uncTass-
i'edus�`e—permit has been given by the Planning Director
to the permittee and procedure for setting a public
hearing an'd notices have been complied with as stated
in Sections 26-205 and 26-206, Planning Commission
review of the permitted operation for possible revo-
cation, amendment or suspension of the unclassified use
permit may commence no sooner than ten (10) days, or
a period of time that may be required for review of any
applicable environmental statements or reports.
SECTION 4: The City Council finds and determines that said
amen,d�ni�er t?�t�of�,the. Municipal Code is a .m,i nor modification to the Ci ty's
Zoning Ordinance and is, therefore, categorically exempt (Class 5)
from the requirements'of the California Environmental Quality Act of
1970 (CEQA)
SECTION 5: The City Cl'e'rk" shal 1 certify to the passage of
this ordinance and shall cause the same to be published as required
by law.
• PASSED and APPROVED this 28th- day of June 1982.
h Mayor
is
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF WEST COVINA )
• I, HELENE M. MOONEY,'City Clerk of the City of West
Covina, California, do hereby certify that the foregoing Ordinance
No. 1550 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 14th day
of June , 1982. That, thereafter, said Ordinance was duly
adopted and passed at.a regular meeting of the City Council on.the
28th day of June 19825 by the following vote:
AYES: . Councilmembers: Bacon, Shearer,'Tice
N OBE S.: Councilmembers : None
ABSENT: Councilmembers : Tennant, Chappell,
City Clerk
APPROVED AS TO FORM
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City Attorney
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C ER T I F I C A T I O N
State of California. )
County of Los Angeles ) SS.
City.of West Covina. )
I, JANET BERRY, neputy City Clerk of the.City of
West Covina, State of California., do hereby certify
that a true and accurate copy of Ordinance No. SSO
was published, pursuant to law, in the West Covina
Tribune, a. newspaper of general.circula.tion published
and circulated in the City of West Covina.
-Janet r .Deputy Ci y Clerk
City o es. Covina, C ifornia
Date 4
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