Ordinance - 2204ORDINANCE NO.2204
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 DEFINITIONS;
PROCEDURE, HEARINGS, NOTICES, FEES AND CASES;
NONRESIDENTIAL ZONES; MASSAGE PARLORS AND BATHHOUSES;
AND ON -SALE ALCOHOL LICENSES SECTIONS OF .THE MUNICIPAL
CODE (CODE AMENDMENT NO.08-01)
WHEREAS, Code Amendment No. 08-01 is a City -initiated code amendment regarding
maintenance standards, land uses; zoning designations, and clarifications of terms to the
Nonresidential section of the Zoning Code; and
WHEREAS, the Planning Commission, on the 24th day of March, 2009, 281h day of April,
2009, 11 th day of August, 2009, and 24th day of November, 2009 conducted study sessions; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 1 It" day
of November, 2009, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission adopted Resolution No. 09-5351 recommending to the City Council
approval of Code Amendment No. 08-01; 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 2°d day of February, 2010; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Chapter 26 of the West Covina Municipal Code (Zoning) should be amended to update,
clarify, and establish standards for single-family residential lots.
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 hereby ordain as
follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code
Amendment No. 08-03 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.
APPROVED AND ADOPTED on this 161h day of February 2010.
AT 4T:
City Clerk La ne Carrico
/ �_ "A.
Mayor Shelley Sanderson
Ordinance No. 2204
Code Amendment No. 08-01
Page 2
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 2" d day of February 2010. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16`h day
of February 2010, by the following vote:
AYES:
NOES:
Herfert, Hernandez, Touhey, Sanderson
None
ABSENT: Lane
ABSTAIN: None
City Clerk Laurie CanYco
APPROVED AS TO FORM:
,&,A 74-A----
C It Attorney old Alvarez-Glasman
EXHIBIT A
ARTICLE IL DEFINITIONS
Sec.26-63. Definitions.
ARTICLE VI. PROCEDURE, HEARINGS, NOTICES, FEES AND CASES
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 there
from 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. Adjacent properties: Notices shall be mailed to the property owners and
occupants of the subject site and to the two (2) properties on both sides of the subject
site in the case of applications for secondary driveways.
b. One -hundred -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
applications for the following purposes: large family day care homes, miniature
potbellied pigs, minor parking reductions, sign exception review; outdoor uses within
the outdoor uses overlay zone, wall and fence height increases, and canopy
structures.
c. Three -hundred -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, two-story additions, large. accessory building, 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.
(Code 1960, § 10501.07; Ord. No. 1333, § 1, 4-25=77; Ord. No. 1809, § 1, 2-27-89; Ord. No.
1981, § 2, 12-17-96; Ord. No. 1992, §§ 1, 2(Amd. 277, Ex* h. A), 4-1-97; Ord. No. 1997, § 2(Exh.
A), 6-17-97; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2047, § 3, 1-18-00; Ord. No. 2077, § 2, 1-8-
02; Ord. No. 2102, § 3, 6-17-03; Ord. No. 2130, § 2, 3-1-05; Ord. No. 2139, § 3, 7-5-05; Ord.
No. 2154, § 3, 9-19-06; Ord. No. 2184, § 3(Exh. A), 12-16-08)
ARTICLE X. NONRESIDENTIAL ZONES
DIVISION 1. GENERALLY
Sec. 26=536. Office -Professional (O-P) zone.
(a) Purpose. The purpose of the office -professional (O-P) zone is to. classify and set
standards for those business, office, administrative or professional land uses which by
their nature are of relative low intensity and therefore, when properly located and
designed are compatible with adjacent residential zoning and the development therein.
(b) Location. Office -professional uses should have access to four -lane or wider streets as
specified on the master plan of streets and highways; on land that is topographically
suited to such uses without major earth movement, resulting in unsafe or unsightly cut or
fill slopes; situated to serve several neighborhoods; and capable of serving as a buffer
separating residential land uses from the more intense community, regional, service, or
highway commercial uses.
(Code 1960, § 10901.01; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-537. Neighborhood -Commercial (N-C) zone.
(a) Purpose. The purpose of the neighborhood -commercial (N-C) zone is to classify and set
standards for those retail and service commercial uses which by their nature are of
moderate intensity; are necessary in order to provide convenient daily shopping facilities
to residential home and apartment dwellers; and are generally adjacent to or within close
proximity to residential zoning or development and, therefore, require extraordinary
physical treatment in order to guarantee compatibility with and protection to surrounding
properties and their values.
(b) Location. Neighborhood -commercial centers should serve several neighborhoods and be
located with primary access to a four -lane or wider street, preferably at the intersection of
a major and collector street or two (2) four -lane or, wider streets. Land so utilized should
be topographically suited to such use without major earth movement, resulting in unsafe
or unsightly cut or fill slopes.
(Code 1960, § 10901.02; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-538. Community -Commercial (C-C) zone.
(a) Purpose. The purpose of the community -commercial (GC) zone is to classify and set
standards for retail and service commercial uses which by their nature are of relatively
high intensity; are necessary to provide a wide range of shopping facilities and goods,
professional and administrative offices, and entertainment establishments; and are
generally within close proximity to residential zoning or development and, therefore,
require extraordinary physical treatment in order to guarantee compatibility with and
protection of surrounding properties and their values.
(b) Location. Community -commercial centers should serve one or more communities and
be located with primary access to a four -lane or wider street. Land so utilized should be
topographically suited to such use.
(Code. 1960, § 10901.03; Ord. No. 1333, § 1, 4-25-77)
2
Sec. 26-539. Regional -Commercial (R-C) zone.
(a) Purpose. The purpose of the regional -commercial (R-C) zone is to classify and set
standards for a regional business center which provides a complete line of shop and store
types, eating and entertainment facilities, and. business and financial services. The
dominant establishments are one or more department stores flanked by specialty shops.
(b) Location. Regional -commercial business centers shall be in a strategic location to serve
the general regional area of the East San Gabriel Valley and have direct access on major
traffic carriers (i.e., freeways or four -lane or wider streets or highways). Land should be
topographically suited for such use.
(Code 1960, § 10901.04; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-540. Service -Commercial (S-C) zone.
(a) Purpose. The purpose of the service -commercial (S-C) zone is to classify and set
standards for those retail and service commercial, recreational, and business office land
uses which by their nature are of a relative high intensity; are unique in that their success
depends upon direct motorist exposure and excellent access; require special traffic
circulation patterns that will not unduly restrict rapid traffic flow and extraordinary
physical treatments in order to create compatibility with adjacent zoning and the
development thereon.
(b) Location. Service -commercial uses should have access to a four -lane or wider street or
highway as specified on the master plan of streets and highways, on land that is the same
grade level as the street or highway without major earth movement, resulting in unsafe or
unsightly cut or fill slopes.
(Code 1960, § 10901.05; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-541. C-2 (Medium -Commercial) and C-3 (Heavy --Commercial).
C-2 (Medium Commercial) and C-3 (Heavy Commercial) are antiquated zoning categories, and
no expansion of these categories shall be permitted by the city.
(Code 1960, § 10901.06; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-542. Manufacturing (M-1) zone.
(a) Purpose. The purpose of the manufacturing zone is to classify and set standards for
those industrial and incidental commercial facilities which are of moderate to heavy
intensity and have no objectionable or obnoxious effect on any adjacent property. The
developmental and operational standards are intended to provide compatibility with and
protection to surrounding properties by minimizing traffic congestion, noise, glare,
vibration, emission of odorous, toxic or noxious matter, and to provide adequate off-
street parking, landscape buffering, and the proper placement of buildings.
(b) . Location. Manufacturing uses should have primary access to a four -lane or wider street
or highway as specified on the master plan of streets and highways. Land so utilized
should be topographically suited to such use without major earth movement, resulting in
unsafe or unsightly cut or fill slope.
(Code 1960, § 10901.07; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-543. Planned -Industrial (I-P) zone.
(a) Purpose. The purpose of the planned industrial zone is to classify and set standards for
those industrial and incidental commercial facilities which are of light to moderate
intensity and have no objectionable or obnoxious effect on any adjacent property. The
developmental and operational standards are intended to provide compatibility with and
protection to surrounding properties by minimizing traffic congestion, noise, glare,
vibration, emission of odorous, toxic or noxious matter, and to provide adequate off-
street parking, landscape buffering, and the proper placement of buildings.
(b) Location. Planned industrial uses should have primary access to a four -lane or wider
street or highway as specified on the master plan of streets and highways. Land so
utilized should be topographically suited to such use without major earth movement,
resulting in unsafe or unsightly cut or fill slope.
(Code 1960, § 10901.08; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-545. Open space (O-S) zone.
(a) Purpose. The purpose of the open space zone is to identify and set forth permitted uses,
and standards of development within open space lands.
(b) Location. Open space zoned land may be located anywhere in the city provided it is
consistent with the city's adopted policies and plans.
(Code 1960, § 10901.10; Ord. No. 1333, § 1, 4-25-77)
Sec.26-546. Definitions.
As applied to open space zones only:
Environmental quality element is the adopted element of the city combining the city's open
space, conservation, scenic highways and recreation elements.
Open space land is any parcel or area of land or water which is primarily unimproved and
devoted to an open space use as defined in section 26-597, and which is designated in the
city's environmental quality element and general plan as any of the following:
(a) Open space for the preservation of natural resources including, but not limited to, areas
required for the preservation of plant and animal life, including habitat for fish and
wildlife species; areas required for ecologic and other specific study purposes; rivers,
streams, bays and estuaries; and coastal beaches, lakeshores, banks of rivers and streams,
and watershed lands.
(b) Open space used for the managed production of resources, including, but not limited to,
forest lands, rangeland, agricultural lands and areas of economic importance for the
production of food or fiber; areas required for recharge of ground water basins; bays,
estuaries, marshes, rivers and streams which are important for the management of
commercial fisheries; and areas containing major mineral deposits, including those in
short supply.
(c) Open space for outdoor recreation, including but not limited to, areas of outstanding
scenic, historic and cultural value; areas particularly suited for park and recreation
purposes, including access to lakeshores, beaches and rivers and streams; and areas which
serve as links between major recreation and open -space. reservations, including utility
easements, banks of rivers and streams, trails, and scenic corridors.
(d) Open space for public health and safety, including, but not limited to, areas which
require special management or regulation because of hazardous or. special conditions
such as earthquake fault zones, unstable soil areas flood plains, watersheds, areas
presenting high fire risks, areas required for the protection of water quality and .water
reservoirs and areas required for the protection and enhancement of air quality.
(Code 1960, § 10902.02; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-547. Specific plan (S-P) zone.
(a) Purpose. The purpose of the specific plan zone is to provide greater specificity and
flexibility in carrying out the general plan of the city than would be possible in other
zoning districts. This zoning district is intended for areas that are subject to specific plan
M
adopted under article 8 of chapter 3 of title 7 of the Government Code (sections 65450 et
seq.). The uses, types of development and development standards in an area zoned
specific plan are those permitted by the specific plan adopted for that area. Each separate
specific plan district and its accompanying specific plan shall be sequentially numbered.
If land is placed in the specific plan district before a specific plan is adopted for that land,
the standards of the immediately preceding zone shall continue to apply until a specific
plan is adopted.
(b) Location. Specific plan zoned land may be located anywhere in the city provided uses
within the specific plan are consistent with the general plan of the city.
(c). Criteria. The uses and types of development proposed in this zone shall maintain and
enhance the character of the surrounding vicinity. During the preparation, review and
approval processes for a specific plan, consideration shall be given to elements including
but not limited to: Orientation of buildings and uses, building bulk and scale, building
height and setback, parking, traffic generation, noise and landscaping. At a minimum,
these elements shall be specifically addressed in the specific plan in such a manner as to
integrate the proposed uses and buildings with surrounding development.
(Ord. No. 1710, § 1, 1-27-86)
Secs.26-548--26-555. Reserved.
DIVISION 2. CRITERIA FOR CLASSIFICATION
Sec.26-556. Established.
The general criteria set out in this division are hereby established for use in the classification or
reclassification of land to the proper zone.
(Code 1960, § 10903; Ord. No. 1333, § 1, 4=25-77)
Sec. 26-557. General plan.
Consistency with the general plan or specific plans shall be established.
(Code 1960, § 10903.01; Ord. No. 1333, § 1, 4-25-77)
Sec.26-558. Need.
A demonstrated public need shall be established within the area.
(Code 1960, § 10903.02; Ord. No. 1333, § 1, 4-25-77)
Sec.26-559. Utilities.
The existing utilities systems (water, sewer, drainage, electrical, gas and communications
facilities) are adequate or new systems shall be constructed to adequately serve the land use.
(Code 1960, § 10903.03; Ord. No. 1333, § 1, 4-25-77)
Secs.26-560--26-565. Reserved.
DIVISION 3. DEVELOPMENT STANDARDS
Sec. 26-566. Development standards.
The following development standards shall apply to all nonresidential zones.
(Code 1960, § 10904; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-567, Precise plan of design.
A precise plan of design will be required as specified in article VI, division 2 of this chapter,
with particular attention given to compatibility with adjacent residential and commercial zoning
and uses, and must be approved prior to development. In addition, all municipal parks and
recreational areas shall be developed in a manner consistent with the adopted specific plans of
design for parks contained in the city's adopted environmental quality element. Such precise
plans of design shall conform to planning commission resolution No. 567.
(Code 1960, § 10904.01; Ord. No. 1333, § 1, 4-25-77)
Sec.26-568. Screening.
All exterior storage areas and service yards, loading docks and ramps, electrical cage enclosures
and storage tanks are to be screened from view by a fence, wall or mature landscaped materials.
(a) Mechanical equipment and duct work.
(1) All roof top mechanical equipment shall be placed behind a permanent parapet wall
and be completely restricted from all ground level views.
(2) No mechanical equipment is to be exposed on the wall surface of a building.
(3) Gutters and downspouts are not to project from the vertical surface of the buildings.
(4) Vents, louvers, exposed flashing, tanks, stacks, overhead doors, rolling and "man"
service doors are to be treated in a manner consistent with the color scheme of the
building.
(5) All ground mechanical equipment shall be completely screened behind a permanent
structure and all roof top mechanical equipment shall be placed behind a permanent
parapet wall and be completely restricted from all views.
(6) Such screening shall be as high as the highest portion of the equipment or ducting,
and shall be permanently maintained.
(b) Refuse storage.
(1) All outdoor trash, garbage and refuse containers shall be screened on all sides from
public view by a minimum five and one-half (5 1/2) foot high concret.;, or masonry
decorative block wall, and the opening provided with a solid gate.
(2) Such area shall be so located as to be easily accessible for trash pick-up.
(c) Storage. Except in the case of uses listed "Outdoor Displays" in section 26-59.7, of this
chapter, all storage of wares, merchandise, crates, bottles or similar items shall be within
a completely enclosed building, excepting that:
(1) In the I-P Zone, finished products may be stored in side or rear yards when
completely screened by a six (6) foot high minimum solid concrete block or masonry
wall.
Sec. 26-568.5. Recycling collection and loading areas.
In addition to the refuse storage requirements of section 26-568, any new or existing
development project for which a building pen -nit application i.s submitted on or after September
1, 1994, for an expansion or expansions that collectively add fifty (50) per cent or more to the
existing floor area of the development project shall provide adequate, accessible and convenient
areas for collecting and loading recyclable materials as set out herein.
6
(1) The required area for recyclable materials shall be determined based on a recycling area
program submitted by the applicant/developer upon submittal of a precise plan or conditional
use permit application which identifies at a minimum, the following items:
a. Identification of the anticipated number of tenant spaces in the proposed or expanded
development.
b. Anticipated types of the recyclable materials produced by the proposed type of
tenants/development.
b. Spatial needs of the tenants/development per type and number of recyclable materials
generated at the site.
d. Anticipated pick up schedule for the recyclable materials.
e. Area requirements will vary with the occupying activity or business. The applicant will
be required to indicate rationale for area requirement estimates.
f. Any other information the planning director determines to be pertinent based on the
characteristics of the proposed development and/or use(s).
The planning director shall review and approve the recyclable area program as submitted by the
applicant/developer prior to the issuance of building permits.
(2) The design and construction of recycling areas shall enhance security of any recyclable
materials placed therein.
(3) Recycling areas shall be designed to be architecturally compatible with nearby structures and
with the existing topography and vegetation.
(4) A sign clearly identifying all recycling collection and loading areas and the materials
accepted therein shall be posted adjacent to all points of direct access to the recycling areas.
(5) Areas for recycling shall be adequate in capacity, number, and distribution to serve the
development project.
(6) Such area shall be so located as to be easily accessible for recyclable materials pick-up.
(7) Any and all separate recycling area(s) shall be located so they are at least as convenient for
these persons who deposit, collect and load the recyclable materials placed therein as the
locations(s) where solid waste is collected and loaded. Whenever feasible, areas for
collecting and loading recyclable materials shall be the same or adjacent to the solid waste
collection areas.
Sec.26-569. Color.
Colors, materials and finishes are to be coordinated on all exterior building elevations to. achieve
total continuity of design.
(Code 1960, § 10904.03; Ord. No. 1333, § I, 4-25-77)
Sec.26-570. Lighting.
(a) All lighting of the building, landscaping, parking lot or similar facilities other than exposed
neon shall be so hooded and directed as to reflect away from adjoining properties.
(b) All luminaries shall be designed and placed to complement the development. Luminaries
attached to a building shall be concealed, wall -mounted or recessed fixtures.
(c) Security lighting fixtures are not to be substituted for parking lot or walkway lighting
fixtures and are restricted to lighting loading and storage areas, and similar service locations.
7
(d) Exposed tube architectural lighting sliall not constitute undue glare or nuisance to adjoining
street and properties.
(e) Neon architectural lighting shall be limited to thirty (30) milliamps, except that a planning
director's modification may be granted for unusual installations requiring amperage higher
than thirty (30) milliamps in order to achieve brightness comparable to that which is
ordinarily achievable with thirty (30) milliamps.
(f) Exposed neon architectural lighting shall be subject to approval by the planning commission
as a part of the precise plan of design as required by Article VI, Divisions 1 and 2 of this
chapter. A precise plan shall be required where no precise plan exists, for structures built
prior to the precise plan requirement in the Municipal Code (Article VI, Division 2, section
26-226).
(g) Neon architectural lighting shall be approved pursuant to the Municipal Code requirements
for neon signs in Chapter 26, Article VII (signs), and Chapter 7, Article IX (signs).
(Code 1960, § 10904.04; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1768, § 5, 2-22-88; Ord. No.
2030, § 4, 4-20-99)
Sec. 26-571. Exterior design.
(a) No part of a roof, excluding mansards, may project above the parapet.
(b) All exterior walls shall be architecturally treated to provide aesthetic relief.
(Code 1960, § 10904.05; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-572. Landscape criteria.
(a) A minimum of eight (8) percent of the total net area (netarea shall be computed by
excluding public streets) of the development shall. be landscaped, and permanently watered
with a water efficient automatic irrigation system. Said landscaping and irrigation shall be
installed and permanently maintained in compliance with Article XIV, Division 1 and
Planning Commission Resolution No: 11-92-4718.
Approximately one-half of such landscaped area shall be generally distributed throughout the
parking lot with the remainder as planted areas around buildings, peripheral planters around
the site, parkways, street tree wells and other locations as deemed appropriate by the
planning director. The planning director shall also determine whether the type, size, and
location of the proposed landscaping is appropriate given the scale and design of the
development.
(b) No planting area shall be less than twenty-four (24) square feet or less than three (3) feet in
width (inside dimensions) with the exception of raised planter boxes around or in close
proximity to buildings.
(c) Parking lot trees.
(1) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory
to the planning director shall be planted for every ten (10) single row parking stalls or
every twenty (20) double row parking stalls within the parking lot in all zones.
(2) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory
to the planning division shall be planted for every five (5) single row parking stalls.
(d) Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful
consideration given to eventual size and spread, susceptibility to disease and pests, durability,
drought tolerance and adaptability to existing soil and climatic conditions. A majority of
plant material used through a development must be specimen -size material a combination of
twenty-four (24) inch boxed, thirty-six (36) inch boxed, and fifteen (15) gallon trees and
minimum five (5) gallon for shrubs.
i
8
(e) Unused space resulting from the design or layout of parking spaces or accessory structures
which is over twenty-four (24) square feet shall be landscaped.
(f) All planted areas shall be surrounded by a concrete curb six (6) inches above final grade or
above asphalt level of the parking lot. However, when such planted areas lie adjacent to a
concrete sidewalk, masonry wall, or a building, a raised concrete curb need not be provided
in the adjacent area.
(g) A minimum of six (6) feet of either the rear or side yard adjacent to residential zoning or
development shall be landscaped with specimen plant materials and trees appropriate in size
and type to create a solid plant screen, subject to the approval of the planning director, and as
represented on the approved landscaping plan.
(h) Undeveloped areas proposed for future expansion shall be maintained in a weed free and
dust free condition.
(i) All landscaping referred to in this section shall be maintained in a neat orderly fashion and
free of debris.
0) The landscaping and irrigation plan shall be approved by the planning director in compliance
with the provisions of this division, Planning Commission Resolution No. 11-92-4718 and
the provisions of Article XIV, Division 1 Landscape and irrigation plans or projects with
required landscaping consisting of 10,000 square feet or more, shall be prepared by a
licensed landscape architect. The planning director has the right to disapprove a landscaping
plan if the quantity, size, type, placement and use of plant material do not meet the minimum
requirements of this division, Planning Commission Resolution No. 11-92-4718 and Article.
XIV, Division 1.
(Code 1960, § 10904.06; Ord. No. 1333, § l; 4-25-77; Ord. No. 1912, § 1, 1-15-93; Ord. No.
2030, § 4, 4-20-99)
Sec. 26-572.5. Existing/established landscapes.
All landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of
litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be
replaced as deemed necessary by the planning director. Irrigation systems and their components
shall be maintained in a fully functional manner consistent with the originally approved design
and the provisions of this division, Article XIV, Division 1, and Planning Commission
Resolution No. 11-92-4718.
Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to
excessive runoff, low head drainage, overspray and other similar conditions where water flows
onto adjacent property, nonirrigated areas, walks, roadways or structures. A regular maintenance
schedule should include, but not be limited, to checking, adjusting, and repairing irrigation
equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing
mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree pruning shall be
preformed in compliance with acceptable standards as set forth by The Western Chapter
International Society of Arborists.
(Ord. No. 1912, § 2, 1-15-93)
9
Sec. 26-573. Site size.
All sites shall conform to the dimensions set forth in this section. A development or center may,
however, be a combination of many parcels totaling at least the required site size, but its design
must be integrated and unified.
O-P
N-C
-
3
R-C
S=C
M
I-P
OSB
P
Minimum
15,000
15,000
30
15,000
1
Size
sq. ft.
sq. ft.
Ac.
sq. ft.
Ac.
Minimum
70,
__
__
__
100'
--
100,
--
Width
Min. Ave.
140'
--
--
--
140'
--
130'
--
Depth
(Code 1960, § 10904.07; Ord. No: 1333, § 1, 4-25-77; Ord. No. 1470, § 3, 2-11-80; Ord. No.
1663, § 1, 4-8-85; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-574. Building coverage.
Building coverage of any lot, parcel or center shall not exceed fifty (50) per cent of the lot,
parcel, or site after all necessary street or alley dedications, except that open space zoned parcel
building coverage shall not exceed twenty-five (25) per cent. A parking structure shall not be
calculated as building area provided that a minimum of twenty (20) per cent of the total net area
of the development is landscaped.
(Code 1960, § 10904.08; Ord. No. 1333, § 1, 4-25-77)
Sec.26-575. Walls.
(a) A thirty-six (36) inch high concrete, masonry, or decorative block wall shall be provided and
maintained on the outside perimeter of all off-street parking areas abutting or visible from a
public street except at those points of ingress and egress for either vehicular or pedestrian
traffic. The wall shall be set back a minimum of five (5) feet from the property line and this
setback area shall be landscaped. Other materials may be used if approved by the planning
commission.
In lieu of the thirty-six (36) inch high screen wall, land contouring and landscaping
equivalent to thirty-six (36) inches in height, or a combination of wall and land contouring,
may be provided if approved by the planning commission.
(b) A six_ (6) foot high concrete, masonry or decorative block wall shall be provided and
maintained on the boundary of any nonresidential zone which abuts or lies across a public
street or alley from a residential zone except in the front setback area where said wall shall be
thirty-six (36) inches high.
(c) The height of all walls shall be measured from the highest finished grade within the required
adjacent setback.
(d) All walls shall be architecturally compatible with main buildings. Type, texture, and color
shall be approved by the planning commission. Barbed wire shall not be permitted.
(Code 1960, § 10904.09; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-576. Height limit.
Buildings within the nonresidential zone, when within charted feet of a single-family zone, shall
have a maximum height as follows:
10
Zone
O-P, N-C, R-C
S-C--I-P
C-2, C-3, M-1
O-S, P-B
Single -Family Within
100'
100'
--
--
Max. Height
25'
35'
45'
--
Max. Stories
--
--
4
(Code 1960, § 10904.10; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)
Sec.26-577. Yards.
No building or above ground structure shall be constructed within:
(a) (See chart in this section for feet) of the front or rear property lines.
(b) (See chart in this section for feet) of each side property line adjacent to residential zoning or
development. The five (5) feet of the front yard nearest the front property line shall be
landscaped and the remaining footage may either be landscaped or utilized as a portion of a
driveway or off-street parking area. The six (6) feet of'either a rear of side yard adjacent to
residential zoning or development shall be landscaped with specimen -size plant material (a
combination of thirty (30) inch boxed and fifteen (15) gallon trees and minimum five (5)
gallons for shrubs) appropriate in type and size to create a solid plant screen. Such
landscaping shall be to the approval of the planning director as represented on the approved
landscaping plan.
Minimum Setbacks
Adjacent
to
N-C, O-
C-2
C-3
R-C
S-C
M-1
I-P
O-S P-
Residential
I,
B
15' Min.
15' Min.
Front
15'
20'
15'
15'
20'
25'
30'
Ave.
Ave.
Side
10,
PP*
PP.*
15'
10'
PP*
25'
--
Rear
15'
15'
15'
15'
15'
15'
25'
-
11
Minimum Setbacks
Adjacent
to Nonresidential
Front
Side
Rear
N-C, O-P,
R-C, S-C
Average. 15'
--
Average 15'
Minimum 5'
--
Minimum 5'
C-2
PP*
PP*
PP*
C-3
PP*
PP*
PP*
M-1
PP*
PP*
PP*
I-P
25'
5'
15'
O-S
P-B
--
--
--
Ft'* No yards required except such as may be incorporated in a precise plan, conditional use permit or variance.
When the rear of a site zoned O-P, N-C, R-C or S-C abuts a public street, at the discretion of the
planning commission, the minimum rear setback may be reduced to five (5) feet, providing that
such a reduction will result in an improved design of the development.
(Code 1960, § 10904.11; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1365, § 1, 12-27-77; Ord. No.
1470, § 4, 2-11-80; Ord. No. 1484, § 1, 8-11-80; Ord. No. 1488, § 26, 8-25-80; Ord. No. 2030, §
4, 4-20-99)
Sec.26-578. Nonconversion.
No single-family residential structure may be converted to a nonresidential use without approval
of a precise plan.
(Code 1960, § 10904.12; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-579. Underground utilities.
All utilities shall be underground in accordance with the Municipal Code and approved by the
city engineer.
(Code 1960, § 10904.13; Ord. No. 1333, § 1, 4-25-77)
Sec.26-580. Nuisances.
No portion of the property shall be used in such a manner as to create a nuisance to adjacent
properties, such as but not limited to vibration, sound, electro-mechanical disturbance or
radiation, air or water pollution, dust, emission of odorous, toxic, or noxious matter.
(Code 1960, § 10904.14; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-581. Off-street parking --General requirements.
(a) Generally: All parking areas in nonresidential zones shall conform to the requirements set
forth in planning commission Resolution No. 2513 and Article XIV, Division 2.
(b) Location: Off-street parking facilities shall be located as specified hereinafter, and shall also
comply with Article XIV, Division 2. Where a distance is specified, such distance shall be
the walking distance measured from the nearest point of the parking facility to the nearest
point of the building that such facilities are required to serve:
(1) For hospitals, homes for the aged, orphanages, and other similar uses, not more than one
hundred fifty (150) feet from the building they are required to serve; and
12
(2) For uses other than those specified above not over three hundred (300) feet from the
building they are required to serve.
(3) Off-street parking facilities at greater distances than specified above may be permitted
subject to the approval of a conditional use pen -nit as set forth in article VI of this chapter.
(c) Mixed occupancies: In the case of mixed uses, the total requirements for off-street parking
facilities shall be the sum of the requirements for the various uses.computed separately. Off-
street parking facilities for one use shall not be considered as providing required parking
facilities for any other use, except as hereinafter specified for joint use.
(d) Uses not specified: Where the parking requirements for a use is not specifically defined
herein, the parking requirements for such use shall be determined by the planning
commission in the manner set forth in section 26-165 of this chapter, and such determination
shall be based upon the requirements for the most comparable use specified herein.
(e) Minor parking reduction: The Planning Director or his/her designee may, upon application,
of an administrative use permit by the owner or lessee of any property, authorize a five (5)
percent reduction of the number of spaces required by Section 26-582, based on quantitative
information (e.g., parking survey of the site, documentation of customer frequency, etc.)
conducted and prepared by staff that documents the need for fewer spaces.
(f) Joint use: The planning commission may, upon application by the owner or lessee of any
property for a conditional use permit as set forth in article VI of this chapter, authorize the
joint use of parking facilities by the following uses or activities under the conditions
specified herein:
(1) Up to fifty (50) per cent of the parking facilities required by this article for a use
considered to be primarily a daytime use may be provided by a use considered to be
primarily a nighttime and/or Sunday use; up to fifty (50) per cent of the parking facilities
required by this article for a use considered to be primarily a nighttime use may be
provided by a use considered to be primarily a daytime use, provided that such reciprocal
parking area. shall be subject to conditions as set forth in subparagraph (4) below.
(2) Up to one hundred (100) per cent of the parking facilities required by this article for a
church or for an auditorium incidental to a public or parochial school may be supplied by
parking facilities of a use considered to be primarily daytime use, provided that such
reciprocal parking area shall be subject to conditions set forth in subparagraph (4) below.
(3) The following are typical daytime uses: Banks, business and financial offices,
manufacturing uses. The following uses are typical nighttime and/or Sunday uses:
Auditoriums, incidental to a public or parochial school, churches, dance halls and
theaters.
(4) Conditions required for joint use:
a. The building or use for which application is being made for authority to utilize the
existing off-street parking facilities provided by another building or use, shall be
located within three hundred (300) feet of such parking facilities.
b. The applicant shall show that there is no substantial conflict in the principal operating
hours for the buildings or uses for which the joint use of off-street parking facilities is
proposed.
c. Parties concerned in the joint use of off-street parking facilities shall evidence
agreement for such joint use by a proper legal instrument approved by the city
attorney as to form and content. Such instrument, when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder
and copies thereof filed with the building, planning, and engineering divisions.
(g) Common facilities: The planning commission may, upon application by the owner or lessee
of any property for a conditional use permit as set forth in article VI of this chapter, authorize
13
common parking facilities. Common parking facilities shall include size, shape, and
relationship to business sites to be served, provided that the total of such off-street parking
spaces when used together shall not be less than the sum of the various uses computed
separately. Only calculated parking required for general retail uses may be reduced by up to
the percentages provided below as approved by the planning commission.
(1) When any such common facility is to occupy a site of five thousand (5,000) square feet or
more, then the parking requirements as specified herein for each of two (2) or more
participating buildings or uses may be reduced not more than fifteen (15) per cent.
(2) When any such common facility is to occupy a site of seventy-five thousand (75,000)
square feet or more, then the parking requirements as specified herein for each of two (2)
or more participating buildings or uses may be reduced not more .than twenty (20) per
cent.
(h) Required improvement and maintenance of parking areas and used car sales areas: Every
lot or parcel of land used as a public or private parking area and having a capacity of five (5)
or more vehicles, or car sales area, shall be developed and maintained in accordance with the
requirements as established from time to time by resolution of the planning commission.
(i) Comprehensive planned facilities (parking districts): :Areas may be exempted from the
parking requirements as otherwise set up in this article, provided:
(1) Such area shall be accurately defined by the planning commission in the manner
prescribed for conditional uses in article VI of this chapter.
(2) No such district may be established and exempted from the provisions of section 26-583
unless sixty (60) per cent or more of all record lots comprising such proposed district are
devoted to uses first permitted in a "C" or "M" Zone.
(3) Before such defined district shall be exempt as provided. in this section, active
proceedings under any applicable legislative authority shall be instituted to assure that the
exempted area shall be provided with comprehensive parking facilities which will
reasonably serve the entire district.
(j) Multiple story parking: Multiple story parking shall be permitted only within a structure with
drive -up ramps.
(k) Parking or storage of commercial vehicles restricted: It shall be unlawful to park any
commercial vehicle on property which is zoned for commercial purposes except in a space
which is reserved for that purpose in the parking facility required to be maintained in
connection with such commercial use.
It shall be unlawful to store any commercial vehicle on property which is not zoned for
manufacturing purposes.
The provisions of this section shall not apply to commercial automobiles, pickups, panel delivery
trucks and station wagons.
(Code 1960, § 10904.15; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1913, § 2, 2-16-93; Ord. No.
2030, § 4, 4-20-99)
Sec. 26-582. Parking ratios, nonresidential
The following off-street parking spaces shall be provided in nonresidential zones. Any employee
parking area shall comply with the definitions and standards outlined in Article XIV, Division 2
of this chapter.
(a) General Business:
(1) Business, general retail and personal service, one parking space for each two hundred
fifty (250) square feet of gross floor area (see definition).
14
(2) Medical and dental office having less than twenty thousand (20,000) square feet of
gross floor area, one parking space for every one hundred fifty (150) square feet of
gross floor area; medical or dental office having more than twenty thousand (20,000)
square feet of gross floor area, one parking space for every two hundred (200) square
feet of gross floor area.
(3) Business office having less than twenty thousand (20,000) square feet of gross floor
area, one parking space for every three hundred (300) square feet of gross floor area;
business office having more than twenty thousand (20,000) square feet of gross floor
area, one parking space for every three hundred fifty (350) square feet of gross floor
area.
(b) Automobile, boat or trailer sales or rental; retail nurseries, lumber yards, and other open
uses, one parking space for each one thousand (1,000) square feet of gross land area
devoted to display of such use.
(c) Bowling alleys, five (5) parking spaces for each alley.
(d) Theaters, skating rinks, and other places of public assembly, one parking space .for each
two and one-half (2.5) seats and one for every forty (40) square feet of assembly area not
occupied by seats, or as determined by a parking demand study approved by the planning
commission.
(e) Restaurant (permanent seating, drive-in, drive -through, or any combination thereof) and
cocktail lounges, one parking space for every three and one-half (3.5) pennanent seats, and
one for every forty (40) square feet of assembly area not occupied by pennanent seats. Not
less than ten (10) such parking spaces shall be provided.
(1) Outdoor seating (not covered by a permanent canopy), one parking space for every five
(5) fixed seats.
(f) Motels and hotels, one parking space for each unit.
(g) Billiard parlors (main use and accessory use), two (2) parking spaces per billiard table plus
one (1) additional parking space for each employee.
(h) Automobile service stations, one parking space for each two (2) employees with a minimum
of two (2) such spaces plus one parking space for each service bay.
(i) Boarding house, one parking space per unit.
0) Convalescent homes, one parking space per two (2) beds.
(k) Hospitals and sanitariums, one and one half (1 1/2) parking spaces per bed.
(1) Orphanage and rest home, one parking space per three (3) beds.
(m) Clubs, fraternal organizations, etc., one parking space per two (2) beds plus one parking
space per every forty (40) square feet of assembly area.
(n) Schools:
(1) Elementary, one parking space per employee.
(2) Junior high, one parking space per employee plus one (1) parking space per one
hundred (100) students.
(3) High school, one parking space per employee plus one parking space per ten (10)
students.
(4) Colleges, business schools, trade schools, and similar uses, one parking space per two
(2) employees plus one parking space per two (2) students.
15
(o) Manufacturing uses, storage, warehouses and laboratories:
(1) (Nonresidential zones except I-P and, one parking space per two (2) employees or one
parking space per five hundred (500) square feet of gross floor area whichever is
greater.
(2) (I-P), one parking space for each one and one -quarter (1 1 /4) employees on the largest
shift or one parking space per each five hundred (500) square feet, shall be provided for
any planned industrial use.
(q) Computer game/internet access center, one (1) parking space for every five (5) machines,
plus one (1) space for every five (5) seats in the waiting area.
(Code 1960, § 10904.16; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1352, § 1, 8-8-77; Ord. No.
1570, § 2, 1-10-83; Ord. No. 1913, § 2, 2-16-93; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94;
Ord. No. 2030, § 4, 4-20-99; Ord. No. 2102, § 3, 6-17-03)
Sec. 26-584. Maintenance of buildings, structures and parking lots.
The purpose of this section is to protect the appearance, character and integrity of nonresidential
zoned properties and promote a safe and decent environment by establishing minimum standards
as they relate to the maintenance of nonresidential buildings and structures. It shall be unlawful
for any person owning, leasing, occupying, or having charge or possession of any nonresidential
property in the city to maintain on such property any of the following when viewable from the
public right-of-way or abutting properties/businesses:
(1) Buildings or structures which are neglected as a result of abandonment, are partially
destroyed, or have remained in a state of incomplete construction for an unreasonable period
of time as determined by the planning director and building official.
(2) Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted
surfaces, in excess to ten (10) percent of the surface area.
(3) Roofs with loose, unstable or missing tiles, shingles or other material used as roof
composition in excess of ten (10) percent of the roof area.
(4) Buildings or structures that have broken, damaged or missing windows, doors, attic vents,
and underfloor vents rendering these items unusable for their purpose and causing an
attractive nuisance.
(5) Buildings or structures whose exteriors, porches, steps, stairs, walls, devices, fences,
driveways, or walkways are cracked, broken, defective, deteriorating, in disrepair, or defaced
due to writing, inscription, or figures rendering these items unusable for their purpose and
constituting in the opinion of the planning director and building official a hazardous
condition or an attractive nuisance.
(6) Garage doors that are missing, -broken, sag, or buckle to the extent that they cannot be either
opened or closed, rendering the garage unusable for its purpose and causing an attractive
nuisance.
(7) Any structure or building or portion thereof which, as compared to adjacent properties, is
unsightly in appearance and out of character by reason of its condition.
(8) Parking lots or other paved areas with a cracked, broken or otherwise deteriorating surface,
in excess of ten (10) percent of the surface area shall be considered a nuisance and shall be
repaired.
(9) Any sidewalk, hardscape or parking facility, with potholes, broken, raised or depressed
sections, large cracks, mud and/or dust, accumulation of loose material, faded or illegible
pavement striping or other deterioration shall be repaired.
(Ord. No. 1815, § 2, 5-22-89)
Secs.26-585--26-595. Reserved.
i
ARTICLE XI. NONRESIDENTIAL USES
Sec. 26-596. Article not to be construed to interfere with lawful_ installation, maintenance and
operation of utilities.
The provisions of this article shall not be construed to limit or interfere with. the installation,
maintenance and operation of public utility pipelines and electric or telephone transmission lines
or railroads when located in accordance with the applicable rules and regulations of the public
utilities commission of the state within rights -of -way, easements, franchises or ownerships of
such public utilities.
(Code 1960,§ 11001; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-597. Service, trade, cultural, public and private uses (except industrial or
manufacturing).
No building or improvement or portion thereof shall be erected, constructed, converted,
established, altered or enlarged, nor shall any lot or premises be used except for one (1) or more
of the following purposes. All such uses shall be within an enclosed building unless specifically
stated otherwise.Uses specifically noted as "(Outdoor Display)" are allowed providing all
functions other than display are at all times conducted within an enclosed building.
* Indicates stated use is prohibited in the Civic Center Overlay Zone.
x Indicates stated use is allowed by right.
c Indicates stated use is allowed by conditional use permit.
p Indicates stated use is allowed subject to administrative review and approval by the planning
director.
a Indicates stated use is allowed by administrative use permit.
b Indicates stated use is allowed by adult oriented business permit.
M
M
M
M
R
R
F.
F
F
F
O
N
R
S
C
C
M
I
P
O
A
1
8
15
20
45
P
C
C
C
2
3
1
P
B
S
Adult care centers
c
c
c
c
c
c
c
c
c
c
c
c
Adult -oriented
businesses, with or
b
b
b
b
b
without live
entertainment
Agricultural (see
x
section 26-391)
17
Agricultural uses
(on parcels of 10
x
x
acres or greater)
Aircraft landing
facilities:
Emergency
g Y
x
x
x
x
x
x
x
x
x
x
x
x
x
Nonemergency
c
c
c
c
c
c
c
Tc
Alcohol off -sale
(see art. XII, div.
x
x
x
x
x
x
15)
Alcohol off -sale,
areas of undue
a
a
a
a
a
a
concentration (see
art. XII, div. 15)
Alcohol on -sale (see
art. XII, div. 15; for
nonprofit clubs and
c
c
c
c
c
c
country clubs, see
separate headings)
Alcoholic treatment
c
c
cjC
c
institutions
Ic
Ambulance service
c
c
c
c
c
c
c
Appliance repair
x
x
shops
Art galleries
x
Ix
x
x
x
x
Art studio
x
x
x
x
Athletic
club/Gymnasium
c
c
c
c
c
c
(section 26-685.20)
c
c
Automated teller
machines (walk-up)
on the premises of a
p
p
p
p
p
p
p
p
financial institution
Automated teller
machines (walk-up)
not on the premises
a
a
a
a
a
a
a
a
of a financial
institution
Automated teller
machines (drive-
c
c
c
c
c
c
c
c
up)
Auto rentals
(outdoor display)
c
c
c
c
c
*Automobile,
x
x
x
motorcycle, auto or
truck trailers, truck
sales, new and used,
including accessory
servicing, repairs,
and incidental auto
rental (sales and
display areas need
not be within
buildings, but all
other provisions of
this code shall
apply) (outdoor
display)
Motor vehicle sales,
new or used
including any
accessory services
c
c
c
(Outdoor Display)
Less than 1-Acre
Auto service
stations (see section
c
c
c
c
c
c
26-661)
Auto repair garage
(includes major
overhaul, paint and
body repair, but
c
c
x
excludes tire
recapping)
Auto repair garage
including public
a
storage of vehicles
Auto supply stores
c
x
x
x
x
(w/installation)
*Auto supply stores
(excludes
c
x
x
x
x
x
x
installation)
Bail bond service
x
Bakery shops
x
x
x
x
x
x
x
x
Bank, savings and
loan associations,
and similar financial
x
x
x
x
x
x
x
x
institutions (also see
automated teller
machines)
Barber and beauty
x
x
x
x
x
x
shops
Barber and beauty
shops with
accessory
p
p
p
p
p
p
permanent make-up
use
Barber, beauty, and
iewelry shoes with
p
p
p
19
accessory body
piercing use
Billiard parlor and
pool halls (see art.
c
c
c
c
c
c
XII, div. 9)
*Boat sales, new or
used, including
related servicing
x
x
and repairs (out-
door display)
*Boat sales, new or
used, including
related servicing
and repairs (out-
c
c
door display) and
(adjacent to
residential)
Bowling alley
c
c
c
*Building material
sales (excludes
lumberyards)
x
x
x
(outdoor display)
*Building material
sales (excludes
lumberyards)
(outdoor display)
c
c
c
CUP when adjacent
to residential
*Building material
sales (excludes
lumberyards)
(outdoor display)
when adjacent to
c
c
c
residentially zoned
or developed
property
*Building material
sales (outdoor
c
x
display)
Business equipment
sales (includes
x
x
x
x
x
x
x
repairs)
Cabinet shops
x
x
x
Car wash (for
accessory use see
c
c
c
c
section 26-663.5)
Catering service
x
x
x
x
x
x
Cemeteries,
columbariums,
x
crematories and
mausoleums
20
Chemist
x
x
Churches
c
c
c
c
c
c
c
c
c
c
c
c
Club, private non-
profit (serving of
alcohol allowed
only with a Club as
defined by Section
c
c
c
c
c
c
c
c
23428.9 of the
California Business
and Professions
Code; see art. XII,
div. 15)
Cocktail lounge:
Serving of alcohol
permitted only in
conjunction with a
bona fide eating
place as defined in
c
c
c
c
c
c
section 23038 of the
California Business
and Professions
Code (see art. XII,
div. 15)
Collection agencies
xFX
x
x
x
x I
_n
Commercial radio
or television
c
c
c
c
c
c
c
c
stations
Computer
game/internet access
centers, accessory,
x
x
x
x
x
x
up to nine (9)
computers (see art.
XII, div. 9)
Computer
game/internet access
centers, accessory,
c
a
a
a
a
a
ten (10) or more
computers (see art.
XII, div. 9)
Computer
game/internet access
centers, main use
c
a
a
a
a
a
(see art. XII, div. 9)
Contracting
x
x
x
x
Ix
x
x
services
Counseling services
x
x Ix
x
x
x
x
Convention hall,
trade show, exhibit
c
c
c
c
c
c
c
building
Conversions from
c
c
c
c
21
apartments to
condominiums
Country clubs
(serving of alcohol
allowed only with a
club as defined in
Section 23428.9 of
x
the California
Business and
Professions Code;
see art. XII, div.
15)
Dance halls (public
c
c
c
or private)
Dancing in
conjunction with a
c
c
c
c
c
c
c
commercial use
Data processing
x
x
x
x
Day care centers
c
c
c
c
c
c
c
c
c
c
c
c
Delicatessens
x
x
x
x
x
x
Department stores
x
x
x
Drive-in, drive -
through, walk-up
commercial uses
c
c
c
c
c
c
(also see automated
teller machines)
Dry cleaning or
laundry, retail only,
(non-flammable and
x
x
x
x
x
nonexplosive
cleaning fluid to be
used exclusively)
Electronic and TV
x
x
x
x
x
repair shops
Entertainment (live)
in conjunction with
a commercial use
(excludes karaoke
c
c
c
c
c
c
c
and solo musicians,
excludes adult -
oriented
businesses)
Entertainment (live)
solo musicians as
background music
and Karaoke in
conjunction with a
p
p
P
p
P
p
p
commercial use
(excludes adult -
oriented
businesses)
22
Exterminators
x
x
Feed and grain
x
x
x
stores
Florist shops
x
x
x
x
x
x
Fortune-telling (see
x
x
section 15-11)
Game arcades (see
c
c
c
c
c
c
art. XII, div. 9)
Glass shops
(excludes edging,
x
x
x
x
x
x
beveling, silvering
and staining)
Glassworks and
glass studios,
x
x
x
includes edging,
etc.
Golf course, outdoor
x
x
c
miniature
Golf courses or golf
c
c
c
c
c
c
c
c
c
c
c
x
x
driving ranges
c
c
c
Grocery stores
x
x
x
x
x
x
Gun shops
x
x
x
x
x
Hospitals (human)
c
c
c
c
c
c
c
c
c
c
c
c
Hotels (excluding
adult hotels/motels)
c
c
c
c
Ice Cream Stores
X
X
X
X
X
X
Indoor recreation
facilities
c
c
c
Institutions of
philanthropic
c
c
c
c
c
c
c
c
c
c
c
c
c
nature
Jewelry stores
x
x
x
x
x
x
Jewelry stores with
accessory body
p
p
p
piercing use
Kennel, Accessory
c
Laboratories
(medical and
x
x
x
x
x
x
x
x
dental)
Landscaping service
x
x
x
x
(office only)
Liquor stores (off-
x
x
x
x
x
x
sale) (see art. XII,
23
div. 15)
Liquor stores (off -
sale), areas of undue
a
a
a
a
a
a
concentration (see
art. XII, div. 15)
Locksmith shops
x
x
X
x
x
Massage
parlor/bathhouse
c
(see article XII,
division 12)
Massage
parlor/bathhouse
(see article XII,
division 12) -
c
Centers greater than
500,000 sq. ft. in
GFA
Massage, Accessory
(see article XII,
p
p
p
p
p
p
division 12)
Meat markets
x
x
x
x
x
x
Medical and dental
clinics
X
X
X
X
X
X
X
Medical (Minor
non -surgical
X
x
x
x
x
x
x
procedures)
Mental institutions
c
c
c
c
c
c
and sanitariums
c
c
Mobile services (see
article XII, division
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
13)
Monument,
tombstone, and
x
x
x
funeral merchandise
Mortuaries
c
x
x
c
x
Motels (excluding
adult hotels/motels)
c
c
c
c
Movie/video game
rental
X
x
x
x
x
x
Newspaper and
x
x
x
x
printing shops
Newsstands (not on
public right-of-
x
x
x
x
x
x
x
x
way)
Office (General)
x
x
x
x
x
x
x
Orphanages
c
c
c
c
c
c
Outdoor recreation
IC
c
c
c
c
c
c
24
facility
*Outdoor
amusement devices,
vending machines,
weighting scales
and similar as an
X
X
X
X
X
X
incidental, auxiliary
or accessory use of
those allowed in the
zone
Outdoor seating
area in conjunction
p
p
p
p
p
p
with a commercial
use
Parcel delivery
x
x
x
x
terminals
Parks, public
x
*Pawnshops
x
x
x
x
x
Pet grooming shop
x
x
x
Pet shops (sale of
wild and potentially
dangerous animals
x
x
x
x
x
x
as defined in section
6-1, prohibited)
Physical
rehabilitation center
x
x
x
x
x
x
Photo engraving and
x
x
X
x
x
X
blue print shop
Photo studios
x
x
X
x
x
x
Picture framing
x
x
x
stores
*Plant nurseries and
related packaged
sales or storage
X
X
X
X
X
X
X
(outdoor display)
Plant shop
x
x
x
Plumbing shops
x
x
X
X
X
Postal services,
a
X
x
x
x
x
Professional,
business and trade
c
c
c
c
c
c
c
c
schools
Public
administration
x
x
x
x
x
x
x
x
x
buildings and civic
centers
25
Public utility
stations, yards,
c
c
c
c
c
c
c
c
c
c
c
c
c
wells and similar
c
c
c
facilities
Public storage
facility
c
c
c
Recording studio
a
a
a
a
a
a
a
a
Recreational centers
(private) (except
uses listed
c
c
c
c
c
c
c
c
c
c
c
c
c
individually in sec.
26-597)
Recycling
redemption and
processing centers
c
c
c
c
c
c
c
c
(see article XII,
division 14, section
26-685.90 et seq.)
Religious facility
c
c
c
c
c
c
c
c
c
c
c
c
Religious supply
x
x
x
and reading rooms
Rental service as
listed in this section
as retail providing
all storage of rental
equipment shall be
x
x
x
within an enclosed
building unless
specifically stated
otherwise.
Reprographics
x
x
x
x
x
x
x
x
Restaurant
x
x
x
x
x
x
Restaurant with
Alcohol (see art.
a
a
a
a
a
a
XII, div. 15)
Restaurant with
dancing
c
c
c
c
c
c
Restaurant with live
entertainment
c
c
c
c
c
c
Restaurant with
outdoor seating
a
a
a
a
a
a
Retail (General)
x
x
x
x
x
x
Riding stables and
riding schools (7
c
c
x
acres minimum
site)
Roominghouse
c
c
c
c
c
c
Schools and
c
c
c
c
c
c
c
c
c
c
c
colleges (private or
c
c
c
public)
26
Schools (dancing,
martial arts, music,
art and similar type
a
a
a
a
a
a
a
schools)
i
*Secondhand stores
x
x
x
Security guard
x
x
x
x
service
Shoeshine stands (as
integral part of other
x
x
x
x
x
x
x
x
x
building)
Senior citizen
housing (see sec.
c
c
c
26-679)
Skilled nursing
facilities, and
assisted living
c
c
c
c
c
c
c
c
c
c
c
c
facilities
Studio -art, dance,
martial arts, music,
a
a-
a
a
a
a
a
etc.
Supermarkets
x
x
x
x
x
Surveying services
x
x
x
x
x
x
x
*Swimming pool
sales and service
c
c
(outdoor display)
Swimming pool
sales and service
x
x
(indoor display)
Swim schools
x
x
x
x
Systems, private
closed circuit
motion picture
transmission
c
c
c
c
systems not licensed
by the FCC, in any
hotel or motel
Tailor shops
x
x
x
x
x
Tanning salon
x
x
x
x
x
x
Taxidermist
x
x
x
Theaters, open air
c
c
c
c
c
c
c
x
c
Theaters (not open
c
c
c
air)
Trailers, (temporary
only) in conjunction
p
p
p
p
p
p
with a school.
27
hospital, church or
other similar
institutional use (not
permitted with
commercial uses)
Truck rental
accessory, not in
conjunction with
automobile
c
c
x
dealership (outdoor
display)
Tutoring facility
c
c
c
c
c
c
Unattended
businesses (also see
p
p
p
p
p
p
p
p
automated teller
machines)
Upholstering shops
x
x
x
x
Urgent care facility
x
x
x
x
x
x
x
Veterinary Hospital
c
c
c
c
c
x
c
Wildlife and
botanical preserves
x
Wireless
telecommunication
facilities (WTF)--
Building and/or
a
a
a
a
a
a
a
a
a
a
a
a
a
a
a
roofinounted
facilities (see art.
XII, div. 16)
Monopoles and
alternative antenna
support structures
c
c
c
c
c
c
c
c
c
c
c
c
(see art. XII; div.
16)
(Code 1960, § 11001; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1392, § 2, 8-14-78; Ord. No. 1418,
§ 2, 12-26-78; Ord. No, 1458, § 2, 12-10-79; Ord. No. 1470, §§ 5, 6, 2-11-80; Ord. No. 1488, §
25, 8-25-80; Ord. No. 1553, § 5, 7-12-82; Ord. No. 1557, §§ 3, 4, 9-27-82; Ord. No. 1561, § 1,
10-25-82; Ord. No. 1631, § 2, 4-23-84; Ord. No. 1663, § 2, 4-8-85; Ord. No. 1695, § 3, 10-28-
85; Ord: No. 1708, § 1, 1-13-86; Ord. No. 1717, § 2, 4-28-86; Ord. No: 1759, 11-23-87; Ord. No.
1769, § 1, 2-22-88; Ord. No. 1777, § 2, 4-11-88; Ord. No. 1779, §§ 3, 4, 5-23-88; Ord. No. 1858,
§ 2, 9-24-90; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord.
No. 1957, § 2, 5-16-95; Ord. No. 1974, §§ 2, 3, 6-4-96; Ord. No. 1991,§§ 1, 2(Amd. 275, Exh.
A), 4-1-97; Ord. No. 1993, § 2, 5-6-97; Ord. No. 2025, § 2, 12-1-98; Ord. No. 2030, § 4, 4-20-
99; Ord. No. 2031, § 3, 4-20-99; Ord. No. 2060, § 3, 10-3-00; Ord. No. 2080, § 3, 3-5-02; 2084,
§ 2(Exh. A), 7-16-02; Ord. No. 2102, § 3, 6-17-03; Ord. No. 2103, § 3, 7-1-03; Ord. No. 2121, §
2, 10-19-04; Ord. No. 213.9, § 3, 7-5-05; Ord. No. 2156, § 3(Exh. A), 11-21-06)
Sec. 26-598. Multi -tenant uses.
(a) Uses located within the same building shall be separated from each other by complete floor -
to -ceiling walls (or by a combination of a solid, lockable access door on a floor -to -ceiling
wall in lieu of complete separation at the discretion of the planning director), with the
following exceptions:
(1) Accessory uses that are related and incidental to a primary use; or
(2) Theme shopping uses as defined in section 26-63 are permitted subject to approval of
a conditional use pen -nit in the NC, RC, S-C, C2 and C3 zones only, and further
subject to standards and requirements contained in division 21, article XII of this
chapter; or
(3) Uses in carts and kiosks located in the common interior corridors of regional shopping
centers, not abutting other tenant spaces; or
(4) Accessory office uses that are not related to a primary office use; or
(5) Accessory uses that are not related to a primary retail use, with a minimum total floor
area of fifteen thousand (15,000) square feet, provided that the area devoted to the
unrelated accessory use(s) does not exceed twenty-five (25) percent of the gross floor
area of the enclosed tenant space and the number of unrelated accessory uses are
limited as follows:
Gross Floor Area of Enclosed Tenant Space (including
area devoted to accessory use(s))
Maximum Number of Unrelated
Accessory Uses
1 S, 000--19, 999 square feet
I
20, 000--24, 999 square feet
2
25, 000--29, 999 square feet
3
30, 000 square feet and over
4
(6) Multi -tenant uses operated in conjunction with a service station as provided pursuant
to article XII, division 4 of this chapter (section 26-671 et seq.).
(b) Accessory uses, authorized by this section, shall be permitted only if the subject use is
allowed in the zone in which they are located. Accessory uses that are allowed subject to a
conditional use permit or other discretionary approval as independent uses shall be subject
to the same approval requirements as accessory uses.
(c) Accessory uses shall be provided with the same number of parking spaces required for the
same use as independent uses, pursuant to section 26-581(c).
(d) Signage for accessory uses shall be allowed to the same extent as allowed by this chapter,
except that:
(1) The combined area of signage for the primary use and the accessory use(s) shall not
exceed the maximum sign area allowed by code for the enclosed tenant space; and
(2) The sign area devoted to all accessory uses associated with a primary use shall not
exceed fifty (50) percent of the total sign area provided for an enclosed tenant space;
and
29
(3) The signs for accessory uses shall be placed only on the front wall of the enclosed
tenant space.
(e) Indoor multi -tenant retail centers (indoor swap meets), as defined in section 26-63 shall not
be permitted in any zone.
(Ord. No. 1976, § 2, 8-20-96; Ord. No. 2028, § 3, 2-16-99; Ord. No. 2030, § 4, 4-20-99; Ord.
No. 2031, § 3, 4-20-99; Ord. No. 2086, § 1, 7-16-02)
Editor's note: Ord. No. 1976, § 2, adopted Aug. 20, 1996, deleted former § 26-598 of the Code,
which pertained to accessory uses and derived from the 1960 Code, §§ 11002; Ord. No. 1333, §
1, adopted April 25, 1977; and Ord. No. 1858, § 2, adopted Sept. 24, 1990. Section 2 of Ord. No.
1976 enacted new provisions as § 26-598 to read as herein set out.
Cross references: Indoor multi -tenant retail center or swap meet, § 26-63.
Sec. 26-598.5. Incidental retail uses allowed in non -retail uses.
The following retail uses are permitted in the following zones, provided the use is designed as an
integral and incidental part of the building, no exterior advertising for the retail use is provided,
and the total combined square footage of such uses does not exceed fifteen (15) percent of the
gross floor area of the building:
O
N
R
S
C
C
M
I
P
O
Incidental Retail Use
P
C
C
C
2
3
1
P
B
S
Coffee/snack shop
x
x
x
Pharmacies, including the
sale of related patent
medicines and notions
x
x
x
x
Barber and beauty shops
x
x
(Ord. No. 1976, § 2, 8-20-96; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-599. Industrial and manufacturing type uses--(M-1 zone only).
The uses listed below are allowed in the M-1 zone only provided they are not obnoxious or
offensive by reason of emission of odor, dust, smoke, gas, noise or hazard, or other similar
causes.
Agricultural, industrial, and construction equipment sales and rental.
Aircraft factories.
Assembly.
Automobile assembly, body and fender works, dismantling and used parts storage when operated
or maintained wholly within a building.
Automobile painting. All painting, sanding and baking shall be conducted wholly within a
building.
Bakeries, industrial or wholesale.
Battery rebuilding.
Blacksmith shops.
Body and fender works, including painting.
Bottling plants.
Breweries and distilleries.
Building material storage yard.
Carpet cleaning plants.
Cleaning and dyeing plants.
30
Contractor's storage yards.
Creameries.
Dairy products manufacture.
Disposal company.
Draying, freighting or trucking yards or terminals.
Dry cleaning, wholesale.
Dwelling (one) for caretaker or superintendent and his family on a factory site.
Fabricating from steel or metals.
Feed and fuel yards.
Fence manufacture.
Food products manufacture.
Frozen food locker.
Fruit and vegetable canning, preserving and freezing.
Fruit packing houses.
Furniture manufacturing.
Garages, public.
Garment manufacture.
Gas (petrol) distributor.
Ice and cold storage plants.
Kennels.
Laboratories, experimental, motion pictures, testing.
Landscaping service.
Laundries.
Lumberyards.
Machine shops.
Manufacturing.
Manufacture of prefabricated buildings.
Paint mixing, provided a boiling process is not employed.
Petroleum distributing stations (wholesale).
Plastics, fabrication form.
Poultry slaughter.
Rubber, fabrication of products made from finished rubber.
Shoe manufacturers.
Sign shop, industrial.
Soap manufacture, cold mix only.
Storage space for transit and transportation equipment, except freight classification yards.
Textile manufacture.
Tire rebuilding, recapping and retreading.
Transfer, moving, and storage facilities.
Truck repairing and overhauling.
Vending machine service and repair.
Wholesale business, storage buildings and warehouses.
(Code 1960, § 11003; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-600. Same--I-P zones only.
The following industrial and manufacturing type uses. are allowed in the I-P zones only:
(a) Auxiliary uses of the following type:
(1) Uses customarily incidental and directly related to any of the uses allowed in the I-P
zone, except that retail sales to the public shall be excluded.
(2) Administrative, research, professional or sales office related to any of the uses
allowed in the I-P zone.
(b) Research laboratories and facilities, development laboratories and facilities and testing
laboratories and facilities.
(c) . Model making for industrial and architectural designing.
31
(d) Limited manufacturing, assembling, testing, and repairing of components, devices,
electrical, electronic, or electromechanical equipment, optical devices, and other similar
equipment and systems such as but not limited to:
(1) Television, radio, phonographs, and other audio units and systems.
(2) Data processing equipment and systems.
(3) Electrical appliances.
(e) Limited manufacturing, assembling, compounding, or treatment of articles or merchandise
from previously prepared materials such as but not limited to:
(1) Cloth.
(2) Fibre.
(3) Glass.
(4) Metals.
(5) Plastics.
(f) Manufacturing, compounding, processing, packaging or treatment of products from
previously prepared materials such as but not limited to:
(1) Bakery goods.
(2) Cosmetics.
(3) Food products.
(4) Pharmaceuticals.
(g) Printing, publishing, blueprinting, photocopying, and other photo reproduction services.
(Code 1960, § 11004; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-602. Temporary uses --Temporary use permit required.
No temporary use provided for in this section shall be permitted, commenced or engaged in until
a written permit therefor has been obtained from the planning director. A temporary use permit
committee consisting of the license collector, city engineer, risk manager, chief of police and fire
chief, or their respective designees, shall review applications for a temporary use permit and
shall make recommendations to the planning director including any conditions of approval. The
planning director shall make a decision within fifteen (15) days after acceptance of a written
application as complete. Any applicant may appeal the action or decision of the planning director
to the city council within ten (10) days after such action or decision in which case the city
council shall grant or deny such permit. To approve the application, the planning director or
council shall find that the site is adequate to accommodate such use and that such proposed use,
under the conditions imposed, will not have a substantial adverse effect upon the use or
enjoyment of property in the neighborhood of the proposed use or upon the public safety, health,
or general welfare. Failure to comply with any imposed conditions shall void the permit. No
formal public hearings need be conducted nor any notice given except to the applicant in
connection with the granting or denial of such permit.
(Code 1960, § 11006.01; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1499, § 1; 10-13-80; Ord. No
1619, § 1, 1-9-84; Ord. No. 1950, § 1, 12-20-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-603. Same --Carnivals, circuses, and rodeos.
32
Temporary carnivals, circuses and rodeos may be permitted for a period of ten (10) days in any
calendar year, and no such activity shall be conducted for longer than five (5) consecutive days
at any one time. Certification of the safety of rides and all pertinent equipment for the carnivals,
circuses and rodeos shall be made by a professional engineer, registered in the state, with such
certification being given to the building department prior to the commencement of use of the
equipment.
(Code 1960, § 11006.02; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-604. Same --Christmas tree and pumpkin sales.
(a) The outdoor sale of Christmas trees, pumpkins, and related ancillary items may be permitted
in any zone (residentially zoned property must be vacant and located so as not to be
detrimental to nearby residents). Outdoor pumpkin lots may operate during the month of
October only. Christmas tree sales may begin the Friday after the Thanksgiving Day holiday.
Christmas tree lots may set up no more than fourteen (14) calendar days prior to the Friday
after the Thanksgiving Day holiday.
(b) Indoor sale of items stated in subsection (a) accessory to a permanent use shall not require a
temporary use permit.
(c) One single -faced or multifaced sign not to exceed thirty-two (32) square feet per face,
consisting of not more than three (3) faces, will be allowed on site. A sign permit is not
required.
(Code 1960, § 11006.03; Ord. No. 1333, § 1, 4-25-77; Ord. No.. 1499, § 2, 10-13-80; Ord. No.
1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-605. Same --Construction buildings.
Temporary structures for the housing of tools and equipment or containing supervisory offices in
connection with major construction on major construction projects may be established and
maintained during the progress of such construction on such project; provided that, such
temporary structure may not be maintained for a period to exceed one year.
(Code 1960, § 11006.03; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-606. Same --Firewood sales.
The outdoor sale of firewood and temporary signs relating thereto may be permitted in any
nonresidential zone for a period not to exceed thirty (30) days in any calendar year with two (2)
extensions of thirty (30) days each if the conditions of the original permit have been met, subject
to the following conditions:
(a) All firewood shall be neatly stacked and delivered to a fenced site in such a condition as to
require no additional cutting, splitting, or sawing.
(b) There shall be no power equipment, other than that necessary for the movement of such
wood, on the site.
(c) The site shall be treated with gravel, decomposed granite, or other. similar material to
eliminate wet ground conditions.
(d) The site must be maintained and left in a neat and orderly condition, free of all debris or
residue directly attributable to this use of the property.
(Code 1960, § 11006.05; Ord. No. 1333, § 1, 4-25-77)
33
Sec.26-607. Reserved.
Editor's note: Former § 26-607, relative to regulation of firework sales, was deleted by § 4 of
Ord. No. 1790, adopted Sept. 12, 1988. Such former section derived from Code 1960, §
11006.06, and Ord. No. 1333, § 1, adopted April 25, 1977. Provisions relative to fireworks are
currently included as § 15-62.
Sec. 26-608. Temporaryuses--Promotionalevent; cultural.
Promotional events of any educational, civic or cultural nature may be permitted without time
restrictions except as fixed in the conditions of approval.
(Code 1960, § 11006.07; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-609. Same --Major promotional event; commercial center and a business on its own site
(not in P-B, O-S and I-P zones).
(a) Major promotional event shall mean an outdoor or grand opening event where outdoor
display, sale or dispensing of merchandise or food, temporary signs, and/or activities
relating thereto, conducted wholly on private property, may encroach into any driveway,
parking or landscape areas.
(b) A major promotional event may be permitted for a commercial center or a business on its
own site (not in P-B, O-S, I-P zones) subject to the following conditions:
(1) No more than two (2) such events shall be permitted in any calendar year, with the
exception that commercial centers with a gross floor area of more than five hundred
thousand (500,000) square feet shall be permitted up to six (6) such events in any
calendar year.
(2) No such event .shall start within fourteen (14) days of the end of the previous such
event.
(3) No more than a total of twenty (20) days shall be permitted for such events in any
calendar year, with the exception that commercial centers with a gross floor area of five
hundred thousand (500,000) square feet or greater shall be permitted up to thirty (30)
days for such events in any calendar year.
(4) Events held by commercial centers shall be centerwide.
(5) Temporary promotional signage may be permitted as set forth in article VII (signs).
(6) Such other conditions as are deemed necessary by the planning director and reasonably
relate to the provision of adequate parking; access for public safety personnel, security,
and maintenance of the health, safety, and general welfare of the community.
(c) The permit fee shall be established by resolution of the city council.
(Code 1960, § 1100.08; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1503, § 1, 1-12-81; Ord. No.
1568, § 1, 11-22-82; Ord. No. 1950, § 1, 12-20-94; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2032,
§ 3, 5-18-99)
Sec. 26-609.5. Same --Major promotional event; uses with designated outdoor display areas on
approved precise plans.
(a) The outdoor display, sale or dispensing of merchandise or food, temporary signs, and/or
activities relating thereto during a major promotional event (defined in section 26-609)
conducted wholly on private property, may be permitted for a business located on a
seventy-five thousand (75,000) square foot or larger site with an approved precise plan
designating a minimum four thousand (4,000) square feet of area for "outdoor display," as
allowed in section 26-597 of this chapter, subject to the following conditions:
34
(1) Events are permitted for a total of one hundred and sixty (160) days per calendar year.
Individual events shall be limited to a maximum duration of sixty (60) days.
a. The planning commission may approve an extension of up to fifty (50) days per
calendar year in cases of grand openings or change of ownership of sixty (60)
percent or more.
b. The planning director may limit the duration of events that are determined to have a
potential adverse impact on surrounding areas. These events may include, but are
not limited to, catered events and events. with outdoor amusement or live
entertainment.
(2) No such event shall start within fourteen (14) days of the end of the previous such
event.
(3) Temporary promotional signage may be permitted as set forth in article VII (signs).
(4) Such other conditions as are deemed necessary by the planning director and reasonably
relate to the provision of adequate parking, access for public safety personnel, security,
and minimizing of potential adverse impacts on surrounding areas.
(b) The permit fee shall be established by resolution of the city council.
(Ord. No. 1735, § 1, 11-11-86; Ord. No. 1890, § 2, 10-28-91; Ord. No. 1950, § 1, 12-20-94; Ord.
No. 2030, § 4, 4-20-99; Ord. No. 2032, § 4, 5-18-99; Ord. No. 2072, § 3, 8-21-01)
Sec. 26-610. Same --Real estate office.
One temporary real estate office may be located on any new subdivision in any zone, provided
that such office shall be removed at the end of one year. Such one year period may be extended
for six (6) month periods by special permission of the city council. Said real estate office is to be
erected only for use in sale of the subdivision.
(Code 1960, § 1100.08; Ord. No. 1333, § 1, 4-25-77)
Sec. 26-611. Same --Aircraft takeoff and landing.
(a) The temporary takeoff or landing of any aircraft, airplane or helicopter may be permitted
from property within any zone (residentially zoned property must be vacant, of sufficient
size and located so as not to be detrimental or a danger to existing residential
developments), for a period not to exceed five (5) consecutive days or fifteen (15) calendar
days a year.
(b) A temporary use permit shall not be granted for any temporary use involving a powered
aircraft, airplane or helicopter within one thousand (1,000) feet of any public or private
schools (Grades K-12).
(c) Aircraft activity subject to temporary use permit requirements shall not include carnival
rides involving helicopters, tethered hot-air balloons or other aircraft.
(d) The landing or liftoff of any manned hot-air balloon used for untethered flight is prohibited
on property within the city..
(e) Application for such use shall also include a location snap designating the landing area,
significant structures within the surrounding area, land uses within three hundred (300) feet
of the landing site and proposed approach and departure routes.
(Ord. No. 1553, § 3, 7-12-82; Ord. No. 1619, § 2, 1-9-84)
Sec. 26-612. Same --Fund-raising events: Definitions.
35
(a) Noncommercial purpose as used herein shall mean the stated purpose of a nonprofit
organization as defined in the Internal Revenue Code Section 501(c) [a public entity raising
money for an authorized program or purpose].
(b) Participants as used herein means an individual household, group, family or organization
who will pledge or donate any and all proceeds and profits from the sale of such goods to
the noncommercial purpose and does not include participants selling such goods for a
commercial or personal purpose or profit.
(c) Sales events as used herein means the indoor or outdoor sale of items which are made or
owned by the project sponsors or participants including but not limited to art work, crafts,
baked goods, jewelry, quilts, clothing, potted plants, macrame, toys, games, novelties, and
knick-knacks for a noncommercial purpose.
(d) Swap meets means "swap meets" as defined in the Business and Professions Code Section
21661 are prohibited in any zone.
(Ord. No. 1820, § 2, 8-28-89)
Sec. 26-613. Same --Nonrecurring fund-raising events in residential and open space zone.
(a) Swap meets are prohibited in any zone.
(b) No more than three (3) sales events shall be conducted in any one calendar year on any one
site.
(c) Sales events are permitted in residential and open space zones, although they may not
occur in or on the property belong to a residence, whether single -or multi -family.
(d) A sale event may continue up to a maximum of two (2) consecutive days. If a holiday is
concurrent with a weekend, the sale days may include the two (2) day weekend and the
holiday. The hours of operation shall be regulated by the temporary use permit.
(e) No sign advertising the sales event, displays, items for sale, or activities may be placed or
maintained on or in any public right-of-way. It shall be the responsibility of the project
sponsor and participants to (i) remove all sale -related signs and merchandise from the
property at the conclusion of the event; (ii) ensure that the site is maintained in a neat and
orderly condition during and after the event; and (iii) meet all temporary use permit
requirements.
(f) Notwithstanding the foregoing, the incidental or accessory sale of items including but not
limited to food, beverages or souvenirs, subject to all legally required permits, shall not be
prohibited hereunder.
(Ord. No. 1820, § 2, 8-28-89)
Sec. 26-614. Special event --Special event permit required.
(a) No special event, as established under this section, and/or promotional signs as required
under article VII (signs) shall be permitted, commenced or installed until the business
owner, property owner, or property manager obtains a special event permit from the
planning division. An application for a special event permit. shall be filed. with the planning
division on the forms prescribed by the planning division. The application shall be
accompanied by a fee established by the city council. The planning director or designee
shall review said application for compliance with applicable provisions of the municipal
code and shall make a recommendation to modify, approved or deny said application. Upon
receipt of a complete application, it is the intent of the city to approve or deny said
application within one (1) working day. Approval of said application may be subject to
conditions of approval that may be determined necessary to protect the health, safety,
general welfare, and aesthetics of the community. The written decision of the planning
36
director shall become final and effective unless appealed in writing within five (5) calendar
days.
(Ord. No. 1950, § 1, 12-20-94; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-615. Special event --Minor promotional event; commercial business (not in the P-B, O-S
and I-P zones).
(a) Minor promotional events are short term promotional or grand opening events held by an
individual commercial business where goods and/or promotional signs may be displayed on
the outside of the building, but which does not encroach into any driveway, parking or
landscape areas. This may include special sales events and sidewalk sales and does not
apply to uses with outdoor designated outdoor display areas or commercial/retail centers.
(b) A special event permit shall be granted for a minor promotional event subject to the
following conditions:
(1) No more than twelve (12) events, with a maximum of thirty-six (36) days, shall be
permitted per calendar year.
(2) Grand opening events shall be held within six (6) months of the original opening of
the business or the effective date of the business name change.
(3) Temporary promotional signage may be permitted as set forth in article VII (signs).
(4) Such other conditions as deemed by the planning director to be necessary and
reasonably relate to reducing potential adverse impacts on surrounding areas.
(Ord. No. 1950, § 1, 12-20-94; Ord. No. 2030, § 4, 4-20-99)
Editor's note: Ord. No. 1950, § 1, adopted Dec. 20, 1994, amended the Code by adding a new§
26-614.1. In order to facilitate ease of usage of the Code, said section has been renumbered 26-
615 at the discretion of the editor.
Secs.26-616--26-621. Reserved.
DIVISION 12. MASSAGE PARLORS
AND BATHHOUSES*
*Editor's note: Section 1 of Ord. No. 1631, adopted April 23, 1984, added div. 13 to ch. 26, art. XII; the
editor has redesignated the division as div. 12 to maintain numerical sequence. The numbering of
individual sections has not been changed.
Sec.26-685.40. Purpose.
The purpose for this division is to serve the need of the public in regard to massage parlors and
bathhouses while guaranteeing the adequacy of the site for the use and the protection of surrounding
properties through consideration of physical treatment and compatibility with surrounding properties.
(Ord. No. 1631, § 1, 4-23-84)
Sec.26-685.41. Reserved.
37
Sec.26-685.42. Definitions.
For the purposes of this division,' unless the context clearly requires a different meaning, the
definitions of "bathhouses" and "massage parlors" shall be as described in section 14-116 of the West
Covina Municipal Code.
(Ord. No. 1631, § 1, 4-23-84)
Sec.26-685.43. Reserved.
Sec.26-685.44. Exemptions.
This division shall not apply to any uses or professions exempted by section 14-119 of the West
Covina Municipal Code.
(Ord. No. 1631, § 1, 4-23-84)
Sec.26-685.45. Reserved.
Sec. 26-685.46. Development standards and conditions.
(a) Massage parlors and bathhouses may be established only in the zones as specified in section
26-597.
(b) A conditional use permit shall be obtained prior to establishing a massage parlor or
bathhouse (as specified in article VI, division 3 of this chapter). The application shall include a
precise plan (as specified in article VI, division 2).
(c) The development standards of the zone in which this use is to be located shall apply (as
specified in article X, division 3 of this chapter unless this section specifically permits or
prohibits otherwise.
(d) Special development requirements:
Parking required.
(1) Two (2) stalls per massage parlor table plus two (2) stalls per hot tub; or
(2) Four (4) stalls per hot tub if no massage service is offered; or
(3) Such other parking requirements as deemed reasonable by the planning commission.
(e) Conditions of approval of a conditional use permit for bathhouses or massage parlors:
(1) Review of the operation permitted by the conditional use permit is required every six
(6) months for a period of two (2) years, beginning on the date of the start of operation of
the use.
(2) The conditional use permit may be revoked, amended or suspended by the planning
commission under the provisions of section 26-253 of the West Covina Municipal Code.
(3) Licenses and permits as required by section 14-117 of the West Covina Municipal
Code shall be obtained prior to the start of the operation of the use.
(4) The use shall be conducted in compliance with all applicable requirements of article
V of chapter 14 of the West Covina Municipal Code.
(5) . Such other conditions as deemed by the planning commission to reasonably relate to
the purpose of this division.
Sec. 26-685.47. Accessory massage development standards and conditions.
(a) Accessory massage service is allowed accessory to a primary use listed in Section 14-119 (b)
(2)•
(b) An administrative review shall be obtained prior to establishing accessory massage and prior
to issuance of business license and the start of operations.
(c) A letter signed by the applicant for massage services requesting that the Planning
Director approve massage services as an accessory use at the subject address. The letter
should also include the following:
(1) Applicant's full name, mailing address, and phone number (the applicant must
be the same business owner of the primary business.
(2) The proposed hours of operations for the massage services and hours of
operation of the primary use.
(3) A statement that massage services will not be permitted beyond the hours of
operation of the primary use.
(4) A statement .that the proposed massage technician is strictly accessory to the
primary use and will abide by all requirements of an accessory use, including
permitting no exterior advertising relating to massage services.
(d) A floor plan, drawn to scale, of the primary use indicating location of walls and
entries and labeling the intended use of rooms. Specifically, show the following:
(1) The location of the massage room and fixtures related to the business (sink,
table, counter, bathroom shall be indicated on the floor plan).
(2) No separate exterior entrance to the massage room. The path of travel to the
massage room should be through the main entrance of the primary use.
(3) The massage room and other areas devoted to the massage service shall not
exceed ten (10) percent of the total business floor area.
(e) A business license from the City Treasurer's Office is required.
(f) Each individual massage technician shall comply with requirements of Section 14-68
of the Municipal Code.
(Ord. No. 1631, § 1, 4-23-84)
DIVISION 15. ON -SALE ALCOHOL LICENSES
Sec.26-685.100. Purpose.
The purpose of this division is to provide conditions for the establishment of commercial uses
that serve and/or sell alcohol (retail on -sale and off -sale licenses) and to do so in accordance with
certain requirements designed to ensure compatibility of -such services with surrounding
commercial and residential development, to not create any undue concentration of such licenses,
and to not create any adverse effect on the. health and welfare of the community.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2121, § 2,
10-19-04)
See.26-685.101. Reserved.
Sec.26-685.102. Definitions.
39
(a) Bona fide eating place means or is an eating place as defined in Section 23038 of the
California Business and Professions Code.
(b) Major hotel or major motel means or is a hotel or motel as defined in section 26-63 of the
West Covina Municipal Code that has a minimum of one hundred (100) rooms or suites, and has
conference rooms, banquet rooms or ballrooms available for hire by the public.
(c) Areas of undue concentration is a census tract (as defined by the United States Census
Bureau) where an undue concentration in the number of alcohol licenses exists as determined by
the department of alcoholic beverage control (ABC).
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4,
4-20-99; Ord. No. 2121, § 2, 10-19-04)
Sec. 26-685.103. Off -sale alcohol uses.
Alcohol sales for off -site consumption may be established as follows:
(1) An administrative use permit is required for businesses that sell alcohol for off -site
consumption located in an area defined as an area of undue concentration by the state department
of alcoholic beverage control (ABC).
(2) No zoning pen -nit is required for businesses that sell alcohol for off -site consumption which
are not located in an area defined as an area of undue concentration by the state department of
alcoholic beverage control (ABC).
(Ord. No. 2121, § 2, 10-19-04)
Sec. 26-685.104. On -sale alcohol use — Conditional Use Pen -nit
Alcohol service (on -sale licenses) may be established in conjunction with the following uses,
only in the zones specified in section 267597, with the approval of a conditional use permit:
(1) Clubs, lodge halls, and similar facilities as defined in Section 23428.0 of the California
Business and Professions Code; or
(2) Main use billiard parlor with a kitchen and dining. area as specified in division 8 of this
article; or
(3) Major motel or a major hotel as defined in this division.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2121, § 2,
10-19-04)
Sec. 26-685.104.5 On -sale alcohol use — Administrative Use Permit
Alcohol service (on -sale licenses) may be established in conjunction with the following uses,
only in the zones specified in section 26-597, with the approval of an administrative use permit:
(1) Bona fide eating place as defined in Section 23038 of the California Business and
Professions Code; or
Sec. 26-685.105. Change or intensification of existing on -sale or off -sale alcohol use.
(a) When any of the following is proposed in conjunction with an existing on -sale or off -sale
alcohol use, additional permit requirements shall apply as set forth in subsections (b) through (c)
below:
(1) Any increase in gross floor area for businesses that sell alcohol for on -site consumption; or
(2) An increase of five hundred (500) square feet or more for businesses that sell alcohol for
off -site consumption; or
(3) A change in the type of license issued by the'state department of alcoholic beverage control
(ABC); or
(4) The license issued by the state department of alcoholic beverage control has lapsed, been
suspended or revoked, or has otherwise become null and void and application is made for
reinstatement of the license or issuance of a new license.
(b) For a legal nonconforming use (no existing administrative use permit or conditional use
permit), an administrative use permit or conditional use permit shall be required, provided that
the existing use is permitted pursuant to section 26-597. All provisions of article V of this
chapter (Nonconforming Buildings and Uses) shall apply and shall not be superceded by this
section.
(c) For a conforming use with a valid administrative use permit, an amendment to the
existing administrative use permit shall be required pursuant to the procedures set forth
,M
in section 16-271 (a). For a nonconforming use with a valid conditional use permit, an
amendment to the existing conditional use permit shall be required pursuant to the
procedures set forth in section 26-251(a) (Planning commission hearing required).
(Ord. No. 2121, § 2, 10-19-04)
Sec. 26-685.106. Additional finding.
(a) Before a new or amended administrative use permit or a conditional use permit for an on -
sale or off -sale alcohol use may be granted, the following finding shall be made. For
administrative use permits and conditional use permits, such finding shall be made in addition to
the findings contained in section 26-247 and 270.
(b) That, when considering the proposed operational characteristics of the use and its proximity
to residences, parks, schools, preschools, day care facilities, and churches, the use will not create
any undue adverse impacts or otherwise be detrimental to the public health, safety, and welfare.
(Ord. No. 2121, § 2, 10719-04)
Sec. 26-685.107. Conditions of approval for on -sale and off -sale alcoholic uses.
(a) Conditional use permit conditions:
(1) The conditional use permit may be revoked, amended and suspended by the planning
commission under the provisions of section 26-253 of the West Covina Municipal Code.
(2) Licenses and permits as required by Chapter 14 or any other provision of the West Covina
Municipal Code or applicable law shall be obtained prior to the start of the operation of the use.
(3) Such other conditions as are deemed necessary by the planning commission to protect the
public health, safety, and general welfare of the community, such as but not mandatory or limited
to:
a. Regulating the hours of operation of the entire business.
b. Requiring special security measures, including but not limited to security guards,
additional lighting, burglar alarms, video surveillance.
(4) The Planning Director shall be authorized to send a letter to the State Department of
Alcoholic Beverage Control determining that by virtue of approval of a conditional use permit
that the finding of public convenience and necessity has been satisfied.
(b) Administrative Use Permit Conditions
(1) The Planning Director shall be authorized to send a letter to the State Department of
Alcoholic Beverage Control determining that by virtue of approval of an administrative use
permit the finding of public convenience and necessity has been satisfied.
(2) The administrative use permit may be revoked, amended and suspended by the planning
commission under the provisions of section 26-273 of the West Covina Municipal Code.
(3) All licenses and permits as required by Chapter 14 or any other provision of the West Covina
Municipal Code or applicable law shall be obtained prior to the start of the operation of the use.
(4) Such other conditions as are deemed necessary by the planning director to protect the public
health, safety, and general welfare of the community, such as but not mandatory or limited to:
a. Regulating the hours of operation of the entire business.
b. Requiring special security measures, including but not limited to security guards,
additional lighting, burglar alarms, and video surveillance.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4,
4-20-99; Ord. No. 2121, § 2, 10-19.-04)
Sec. 26-685.108. Specific conditions of approval of a conditional use permit for alcohol service
in conjunction with major hotels and major motels. .
(a) The location of the "defined area," shall be the only place in. the building for serving
alcoholic beverages, as shown on Study Plan "A," shall not be changed without a revision of this
conditional use permit. The defined area shall be enclosed by walls or theater -type stanchions
41
and cordons to the point that entry/exit openings are defined well enough to monitor people
going in or out.
(b) No person under twenty-one (21) years shall be permitted in the defined area at any time.
The defined area shall have signs posted to that effect.
(c) Such other conditions as are deemed by the planning commission to reasonably relate to the
purpose of this division.
(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2121, § 2,
10-19-04)
Secs.26-685.109--26-685.979. Reserved.
42