Ordinance - 2142ORDINANCE NO.2142
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE
WEST COVINA MUNICIPAL CODE RELATING TO THE OUTDOOR
USES OVERLAY ZONE (CODE AMENDMENT NO. 04-05)
.WHEREAS, Code Amendment No. 04-01 is a City -initiated code amendment related to the
outdoor uses overlay zone; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 28`h day of
June, 2005, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 05-5031 recommending to the City Council approval
of Code Amendment No. 04-05; 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 19`' day
of July, 2005; and
WHEREAS, studies and investigations made by this Commission and in its behalf reveal the
following facts:
The West Covina Municipal Code restricts the type of merchandise sold at outdoor
retail displays to handmade craft items.
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. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 04-05 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: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional or
invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof
other than the section so declared to be unconstitutional or invalid.
SECTION NO. 5: The City Clerk shall certify to the passage of this Ordinance and shall be
published as required by law.
PASSED AND APPROVED on this 2"a day of August 2005.
Mayor Shelley Sanderson
ATTEST:
City Jerk La rie Carrico
Ordinance No. 2142
Code Amendment No. 04-05
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 19`h day of July 2005. That thereafter said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 2nd day of August 2005, by the
following vote:
AYES:
Herfert, Hernandez, Miller, Wong, Sanderson
NOES:
None
ABSENT:
None
ABSTAIN:
None
City CleiVLaurie Carrico
199 "AV "07_1.1C67we'J 7ir�
E
2
See. 26-735.1. Definitions.
For the purpose of this chapter, the following definitions shall apply:
(a) Outdoor community event shall mean any event of a civic or cultural nature, which
may include the sale or serving of food, merchandise, and/or entertainment held or
conducted on an occasional basis for a limited duration of time.
(b) Outdoor dining area shall mean the area where outdoor dining is reserved for the
exclusive use by a particular business.
(c) Outdoor entertainer shall mean a person or'persons who conduct(s) live
performances for the general public outside an enclosed building not necessarily in
conjunction with a promotional event.
(d) Outdoor farmers market shall mean an outdoor area where produce, other specialty
food items, and specialty retail items may be sold on a weekly, semi -weekly, or other
occasional basis. Food items may include fresh or dried fruits, vegetables, and
flowers, but shall not include canned or commercially -packaged food items.
(e) Outdoor retail display shall mean the display of items for sale outside an enclosed
building where the display remains at a fixed location even if the structure housing
the display is capable of moving.
(f) Pedestrian -oriented area shall mean a public or private sidewalk or other outdoor
area that, in addition to providing pedestrian access, has been designed or serves to
foster pedestrian interest, activity and/or seating. Pedestrian -oriented areas consist of
walkways of enhanced dimensions or design, and other plaza, courtyard, and seating
areas. Design elements within pedestrian -oriented areas may include decorative
paving, enhanced landscaping and lighting, water or art features, and seating areas.
(g) Specialty food items shall mean food or non-alcoholic drink items that are prepared
and/or served on -site, that are not commercially prepackaged, and that would not
generally be considered to be a meal item. Examples of permitted items include fresh
popcorn, pretzels, pastries, cotton candy, ice-cream cones, and juices. Examples of
excluded items include pre -packaged candy bars and other pre -packaged snack items,
hotdogs, hamburgers, pizza, or tacos.
(h) Specialty retail items shall mean retail merchandise that has been produced through
hand -manufactured or hand-crafted methods, and excludes pre -packaged merchandise
that is available in national distribution.
See. 26-737. Standards for outdoor retail display areas.
The following minimum standards shall apply to the design and operation of outdoor
retail display areas. Additional standards may be imposed as conditions of an AUP for
specific proposals as deemed necessary.
(a) Paved surfaces. Outdoor retail display areas shall be located only on paved
surfaces.
(b) Pedestrian access. A clear and unobstructed path shall be provided between major
walkways and building doors.
• (c) Clearance. Outdoor retail display areas shall be located at reasonable distances
from parking areas, streets and vehicular accessways.
(d) Orientation. To the extent possible, outdoor use areas should be located within
pedestrian -oriented areas or otherwise oriented toward such areas.
(e) Noise. Outdoor retail displays shall comply with noise standards contained in
Chapter 15 of this Code.
(f) Hours. Outdoor retail display areas may only be operated during the following
hours, unless further limited as a condition as an AUP:
(1) Sunday through Thursday, not including days prior to legal holidays: 6:00
a.m. to 12:00 midnight.
(2) Friday, Saturday, and days prior to legal holidays: 6:00 a.m. to 2:00 a.m.
(g) Design. Outdoor retail display areas may consist of carts, booths or similar type
displays. Displays shall not consist of table and rack displays, except when part of
a temporary promotional event otherwise allowed by this chapter.
• (h) Spacing. Adequate distances shall be provided between outdoor retail display
areas to buildings and other outdoor retail display areas and other outdoor uses.
•
Q) Signs. Notwithstanding provisions under article VI of this chapter, the following
signs are permitted.
(1) One sign, not to exceed three (3) square feet, may be attached to each side of
the display.
(2) Additionally, price labels and other signs used to identify prices or other
incidental information, not to exceed six (6) square inches each, shall be
allowed.
(3) Separate permits for such signs shall not be required and shall not be counted
towards sign allowances otherwise permitted by article VI (Signs) of this
chapter.
(4) No detached signs shall be allowed.
0) Items sold. items sold from retail Aisplays shall be limited to only , e ialty retail
items angler s ialty f ed items. Only hems ., ailable for direet purml...se at the
display may be sold. The sale of services or retail merchandise not available on -
site, such as eerlular .hare sep ee. insurance policies, or real estate, shall be
prohibited.
WAWAWIN
u
161 ... ...
�.
(k)(4) Operation of outdoor retail displays. The operation of outdoor retail
displays shall be subject to compliance with the following standards:
(1) Outdoor retail displays shall not be left unattended at any time.
(2) No sales or other transactions shall occur while the display is in transit to its
location or otherwise in motion.
(3) Displays shall be removed off -premises or secured and locked in a manner
approved by the police chief or his/her designee.
(4) Seating shall be limited to maximum one "director's" type chairs or other
decorative chairs at the discretion of the planning director.
2