Ordinance - 2139ORDINANCE NO.2139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE REGARDING POSTAL SERVICE
USES IN THE "NEIGHBORHOOD -COMMERCIAL" (N-C) ZONE (CODE
• AMENDMENT NO. 05-02)
WHEREAS, Code Amendment No. 05-02 is a City -initiated code amendment regarding
postal service uses in the "Neighborhood -Commercial" (N-C); and
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WHEREAS, the Planning Commission, upon giving required notice, did on the 14th day
of June, 2005, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 05-5028 recommending to the City Council
approval of Code Amendment No. 05-02; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 21" day of June, 2005; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal
the following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to allow a
postal service use within the "Neighborhood -Commercial" (N-C) zone by an
administrative use permit.
2. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not
have the potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina does resolve as
follows:
,, SECTION NO. l: Based on the evidence presented and the findings set forth, Code
Amendment No. 05-02 is hereby found to be consistent with the West Covina General Plan and
implementation thereof.
SECTION NO. 2: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the
CEQA Guidelines, in that the proposed action consists of a code amendment, which does not
have the potential for causing a significant effect on the environment.
SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter
26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
be published as required by law.
PASSED AND APPROVED on this 51h day of July 2005
ATTEST:
Goa.
City Clerk Lurie Carrico
l/
Mayor Shelley Sanderson
Ordinance No. 2139
Code Amendment No. 05-02
July 5, 2005
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
• regular meeting of the City Council on the 21" day of June 2005. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 51h day of July 2005,
by the following vote:
AYES:
Herfert, Hernandez, Miller, Wong, Sanderson
NOES:
None
ABSENT:
None /� n
ABSTAIN:
None !/ // A n
APPROVED AS TO FORM:
City Attorney Adold Al ez-Glasman
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City Clerk Laurie Carrico
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Exhibit A
Sec. 26-206. Notices.
• Notices of public hearing stating the type of application or nature of proposal,
general description of property under consideration, and the time and place at which the
public hearing is to be held shall be given in the following manner:
(a) For a reclassification of property from one zone to another, redesignation
of a property from one general plan land use designation to another or for
a variance (except slight modifications), conditional use permit, or precise
plan of design:
(1) At least ten (10) days prior to the date of the hearing, a public
notice shall be published in a newspaper having general circulation
in the city; and
(2) A notice of public hearing shall be mailed to the owners and
occupants of all property within a radius of three hundred (300)
feet of the exterior boundaries of the property under consideration,
using for this purpose the name and address of such owners as
shown upon the latest available assessment rolls of the county
assessor. The notices shall be mailed at least ten (10) days prior to
the date of the public hearing.
(3) Both mailing and publication are to be used in all instances unless
otherwise directed by the city council.
(b) For amendments, supplements or changes to the zoning ordinance that do
not reclassify any property from one zone to another but do impose,
change, or remove any new regulation on the use or development of
property and for amendments to the general plan text:
(1) At least ten (10) days prior to the date of the hearing, a public
notice shall be published in a newspaper having general circulation
in the city.
(c) For slight modifications:
(1) A notice of public hearing shall be mailed to the applicant and to
the owners and occupants of all property abutting or affected by
the subject property or separated therefrom only by a street or
alley, at the address of such owners as shown on the last equalized
assessment roll. The notices shall be mailed at least ten (10) days
prior to the date of the hearing.
(d) For administrative use permits
(1) A notice that describes the proposed project and indicates the
length of the public review period (including the last date that a
request for a public hearing may be given to the planning
department) shall be mailed to owners and occupants of
surrounding property as indicated below. The public review period
shall extend for ten (10) days from the date that the initial notice
was mailed, except in the case of large family day care homes
which shall have a public review period of fourteen (14) days. If a
• request for a hearing is received during the specified time, a notice
shall be mailed a minimum of seven (7) days prior to the date of
the hearing, indicating the date, time, and location of the scheduled
public hearing.
a. 100 foot noticing radius: Notices shall be mailed to the
property owners and occupants of the subject site and all
properties within a radius of one hundred (100) feet of the
exterior boundaries of the subject site in the case of
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applications for the following purposes: large family day
care homes, miniature potbellied pigs, sign exception
review, outdoor uses within the outdoor uses overlay zone,
wall and fence height increases, and canopy structures.
b. 300 foot noticing radius: Notices shall be mailed to the
property owners and occupants of the subject site and all
properties within a radius of three hundred (300) feet of the
exterior boundaries of the subject site in the case of
applications for the following purposes: large expansion
and maximum unit size exception, retaining walls, building
and roof -mounted wireless telecommunication antennae
facilities, postal service uses, and computer game/internet
access centers as defined in section 26-685.2.
Sec. 26-270. Planning director may grant administrative use permit.
(a) An administrative use permit may be required for certain uses or structures
that possess unique characteristics and which should only be approved
with the benefit of public notice.
(b) After an application is received and public notice is provided in the
manner stated in Division 1 of this article, the planning director shall be
authorized to approve, approve with conditions, or disapprove an
application for an administrative use permit. If a request for a public
hearing is received during the public review period, an administrative
hearing before the planning director shall be required. If no request for
hearing is received within the specified time, the planning director shall
have the authority to take action on the application without benefit of a
public hearing.
(c) Approval of an administrative use permit shall be based on the findings
request. following:
JL Findings as required by the code section particular to the
administrative use permit request; or
All other administrative use permits shall be based on the findings
for a conditional use permit as stated in Section 26-247 of this
article.
(d) The planning director may elect to not rule on a request for an
administrative use permit and transfer the matter directly to the planning
commission, to be heard within thirty (30) days from the date this election
by the planning director is provided in writing to the applicant. In such
event, notice of the public hearing shall be provided in accordance with
the procedure for administrative use permits as stated in section 26-206 of
this article.
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Section 26-597
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Plumbing shops
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