Ordinance - 2213ORDINANCE NO.2213
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 RECYCLING
CENTERS/MATERIALS RECOVERY FACILITIES/SOLID WASTE
TRANSFER AND PROCESSING CENTERS STANDARDS AND
PROCEDURES, HEARINGS, NOTICES, FEES AND CASES (CODE
AMENDMENT NO. 09-06)
WHEREAS, on December 8, 2009, the Planning Commission initiated a code amendment
No. 09-06 regarding recycling facility standards and procedures for hearings, revocations and
appeals of the Zoning Code; and
WHEREAS, the Planning Commission, on the 8`" day of June, 2010 conducted a study
session; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 12th day
of October, 2010, conduct a duly advertised public hearing as prescribed by law, at which time
the Planning Commission adopted Resolution No. 10-5389 recommending to the City Council
approval of Code Amendment No. 09-06; and
WHEREAS, the City Council considered evidence presented by the Planning
Commission, Planning Department, and other interested parties at a duly advertised public
hearing on the 21 sc day of December, 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 recycling facility .standards and for revisions to
procedures, hearings, notices, fees and cases (Article VI):
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 ordain as
follows:
SECTION NO. 1: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA). Pursuant to 14 California Code of
Regulations, Sec. 15061(b)(3) the City Council finds that it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment,
and therefore the activity is not subject to CEQA.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves Code Amendment No., 09-06 to amend Article VI
of Chapter 26 and to add Division 12 to Article VI of Chapter 26 (Revocation Procedures) of the
West Covina Municipal Code to read as shown on Exhibit "A" attached hereto and incorporated
herein by reference.
SECTION NO. 3: This ordinance and the various parts thereof are hereby declared to be
severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance 'as a whole, or any portion
thereof other than the section so declared to be unconstitutional or;invalid
SECTION NO. 5: The City Clerk shall certify to the passage of this Ordinance and it
shall be published as required by law.
1
Ordinance No. 2213
APPROVED AND ADOPTED on this Wh day of January, 2011.
V
Mayor Ste e He
ATTEST:
City Clerk Laurie`Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing Ordinance was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 21" day of December, 2010. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18th day
of January, 2011, by the following vote:
AYES: Armbrust, Lane, Sanderson, Touhey,
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM:
4.A
ttorne Arnold Alvarez-Glasman
f
2
EXHIBIT A
SECTION 1. Section 26-206 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding notice of hearings, is amended to read as follows:
"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 applicant or his/her agent, the
owner of the property and 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) Notice of the hearing shall be mailed or delivered at least 10 days prior to the
hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other
essential facilities or services to the project, whose ability to provide those facilities and services
may be significantly affected.
(4) Both mailing and publication are to be used in all instances unless otherwise directed
by the city council.
(b) For amendments, supplements or changes to the zoning ordinance that do not reclassify any
property from one zone to another but do impose, change, or remove any new regulation on the
use or development of property and for amendments to the general plan text:
(1) At least ten (10) days prior to the date of "the hearing, a public notice shall be
published in a newspaper having general circulation in the city.
(c) For slight modifications:
(1) A notice of public hearing shall be mailed to the.applicant and to the owners and
occupants of all property abutting or affected by the subject property or separated therefrom only
by a street or alley, at the address of such owners as shown on the last equalized assessment roll.
The notices shall be mailed at least ten (10) days prior to the date of the hearing:
(d) For administrative use permits:
(1) A notice that describes the proposed project and indicates the length of the public
review period (including the last date that a request for a public hearing may be given to the
planning department) shall be mailed to owners and occupants of surrounding property as
indicated below. The public review period shall extend for ten (10) days from the date that the
initial notice was mailed, except in the case of large family day care homes which shall have a
public review period of fourteen (14) days. If a request for a hearing is received during the
specified time, a notice shall be mailed a minimum of seven (7) days prior to the date of the
hearing, indicating the date, time, and location of the scheduled public hearing.
a. 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, 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."
SECTION 2. Section 26-211 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding effective date of decisions, is amended to read as follows:
"Sec. 26-211. Effective date of planning commission decision.
(a) All . decisions of the planning commission except. recommendations .for general plan
amendments, recommendations regarding zoning amendments and recommendations regarding
zone changes shall become final and effective after the expiration of the appeal period as set
forth in section 26-212, below.
(b) Recommendations regarding zoning amendments or zone changes shall be transmitted to the
city council who shall conduct a duly advertised public hearing on the matter within forty-five
(45) days following receipt of the resolution.
(c) Recommendations approving or denying general plan amendments shall be transmitted to
the city council who shall conduct a duly advertised public hearing on the matter."
SECTION 3. Section 26-212 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding appeal procedures, is amended to read as follows:
"Sec. 26-212. Appeal procedure:
(a) Appeals may be submitted by anyone, must be in writing, must include specific reasons for
the appeal, and must be accompanied by the fee set by city council resolution.
(b) Decisions of the planning director or administrative review board or planning commission
subcommittee for design may be appealed to the planning commission.. The decision of the
planning commission on the appeal is final, unless after written request is made to the city
council, the city council approves the request for appeal to the. city council.
(c) Decisions of the planning commission may be appealed to the ' city council, except as
provided in subsection (b).
(d) A timely appeal suspends and sets aside the decision of the lower authority.
(1) Appeals of planning director or administrative. review board decisions must be
submitted to the planning division no more than ten (10) calendar days. after approval of a written
decision, unless otherwise provided in this code.
(2) Appeals of planning director decisions regarding administrative use permits and
sign administrative reviews must be submitted to the planning di.vision.no more than ten (10)
calendar days after approval of a written decision.
(3) Appeals of planning commission decisions ;and written requests for an appeal
hearing by the city council .must be submitted to the city clerk no more than ten (10) calendar
days after adoption of a resolution of approval or denial.
(4) The appeal period commences on the day after,approval of a written decision and
ends at the close of the business day on the tenth calendar day, including the day of
commencement. If the tenth day falls on a day that the City is closed to business, the period is
extended to the close of the business day of the next day the City is open for business.
(e) Once an appeal has been properly and timely filed and notice of the hearing has been mailed
or published, the appeal may not be withdrawn without the consent of the body to which the
appeal has been made.
(f) The city council or planning commission, as the case may be, shall conduct a public hearing
on the appeal within forty-five (45) days from the filing of the appeal or approval of a request for
an appeal hearing or as . otherwise specified by the city council or .planning commission, or
agreed upon by the appealing party. Notice of the public hearing shall be given as provided in
section 26-206.
4
(g) When considering an appeal, the city council or planning commission shall.hear the appeal
as a de novo hearing. The city council or planning commission may approve, deny or modify the
matter appealed.
SECTION 4. Section 26-213 of Division 1 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding notice of hearings, is deleted.
SECTION 5. Section 26-229 of Division 2 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding findings for a precise plan, is amended to read as follows:
"Sec. 26-229. Required findings for a precise plan.
(a) The proposed development plans and the uses proposed are consistent with the General Plan and
any applicable specific plan.
(b) The proposed development is consistent with adopted development standards for the zone
and complies with all other applicable provision of the Municipal Code.
(c) Granting the permit would not be detrimental to the public interest, health, safety, and
welfare and would not unreasonably interfere with the use or enjoyment of property in the
vicinity of the subject property.
(d) The site is physically suitable for the type, density and intensity of the development being
proposed, including vehicle access and circulation.
(e) The proposed development plans and the uses proposed are consistent with the General Plan
and any applicable specific plan."
SECTION 6. Section 26-253 of Division 3 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding revocation of conditional use permits, is amended to read as follows:
"Sec.26-253. Revocation.
Revocation of conditional use permits shall be conducted in accordance with the
procedures contained in Division 12 of Article VI of Chapter 26 of this code."
SECTION 7. Section 26-273 of Division 5 of Article VI of Chapter 26 of the West Covina
Municipal Code, regarding revocation of administrative use permits, is amended to read as
follows:
"See.26-273. Revocation.
Revocation of administrative use permits shall be conducted in accordance with the
procedures contained in Division 12 of Article VI of Chapter 26 of this code."
SECTION 8. Section 26-296.1700 of Division 11 of Article VI of Chapter 26 of the West
Covina Municipal Code, regarding revocation of administrative review approvals, is amended to
read as follows:
"Sec.26-296.1700. Revocation.
Revocation of administrative review approval shall be conducted in accordance with the
procedures contained in Division 12 of Article VI of Chapter 26 of this code."
SECTION 9. Division 12 of Article VI of Chapter 26 of the West Covina Municipal Code,
regarding revocation procedures, is added to read as. follows:
"DIVISION 12. REVOCATION PROCEDURES
Sec. 26-297.02. Applicability.
5
The provisions of this Division 12 shall apply to the revocation of Conditional Use
Permits, Administrative Use Permits and Administrative Reviews. Revocation shall include
amendment or modification of a permit which may result from a revocation proceeding.
Sec. 26-297.04. Revocation hearing body.
(a) The Planning Commission shall hear revocation proceedings for all permits and approvals
issued by the planning director.
(b) The Planning Commission shall hear revocation proceedings for all permits and approvals
issued by the Planning Commission, either in its initial hearing capacity, or on appeal to the
Planning Commission.
(c) The City Council shall hear revocation proceedings for all permits and approvals issued by
the City Council, either in its initial hearing capacity, or on appeal to the City Council.
Sec. 26-297.06. Grounds for revocation.
The hearing body may revoke, amend or suspend a Conditional Use Permit,
Administrative Use Permit or Administrative Review ("permit") upon finding that:
(a) The use is detrimental to the public health, safety or welfare or is a nuisance; or
(b) The permit was obtained by fraud; or
(c) The use has not been exercised prior to the expiration date of the permit; or
(d) The use has ceased or been suspended for a period of six (6) months or more; or
(e) The conditions of approval have not been complied with; or
(f) The required findings for the permit have been violated; or.
(g) The use is not being operated in the manner or for the purpose .contemplated by the approval
of the,permit.
(h) The development entitlement dependent thereon has been revoked or suspended.
(i) The use is being operated in violation of any federal, state or local law which results in
detriment to the public health, safety or welfare.
Sec. 26-297.08. Initiation of revocation proceedings.
Revocation proceedings may be initiated by a majority vote of a. quorum of the City
Council or the Planning Commission or by the planning director. .
Sec. 26-297.10. Notice of Hearing.
Notice of a revocation hearing for a Conditional Use Permit shall be given as follows:
(a) 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
(1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing
to each local agency expected to provide water, sewage, streets, roads, schools, or other essential
facilities or services to the project, whose ability to provide those facilities and services may be
significantly affected.
(2) A notice of public hearing shall be mailed to the permitee or his/her agent, the owner
of the property and 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) The cost of noticing shall be paid by the City.
(b) Notice of a revocation hearing for. an Administrative Review shall be given as follows:
(1) A notice of public hearing shall be mailed to the permitee or his/her agent, the owner
of the property and 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
W
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.
(2) The cost of noticing shall be paid by the City.
(c) Notice of a revocation hearing for. an Administrative Use Permit shall be given as follows:
(3) Notices shall be mailed to the permitee, 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. The notices shall be mailed at least ten (10) days prior to the date
of the public hearing.
(4) The cost of noticing shall be paid by the City.
Sec. 26-297.12. Contents of hearing notice.
The notice of revocation hearing shall be in writing and shall contain at least the following
information:
(a) The street address and general description of the property or premises for which the permit
has been issued. A map may be included.
(b) The name of the permit holder.
(c) A description of the type of permit and a general description of the activities approved by the
permit.
(d) A statement that the hearing will consider revocation of the permit, or in the alternative
alteration or modification of the permit and/or the conditions of the permit.
(e) The date, time and location of the hearing.
(f) The grounds for the revocation of the permit.
(g) A statement that the permitee may represent himself/herself, or be represented by legal
counsel or any other person of his/her choice.
(h) A statement that the permitee may present evidence, testimony and witnesses in defense of
the revocation of the permit.
Sec. 26-297.14. Conduct of the hearing
(a) Revocation hearings shall be noticed public hearings open to public participation.
(b) The hearing body shall act as an independent arbiter in the conduct of the hearing,
procedures, presentation of evidence, review of evidence and issuing a decision. The
Chairman/Mayor shall make determinations on procedure, witnesses and evidence. The
Chairman/Mayor may be assisted by a member of the City Attorney's office or other counsel
who has not participated in the preparation or presentation of the cause for revocation of the
permit.
(c) The city staff, city attorney or other city representative shall first present the evidence for the
cause for revocation. After the city presentation is complete, the permitee may present evidence
in opposition to revocation. After the city representative and the permitee have completed their
presentations, members of the public may speak for or against the revocation. The order and
timing of presentations may be altered by the hearing body in the interests of an orderly, timely
and fair hearing or for the reasonable convenience of the witnesses or parties. The hearing board
may continue. the hearing from time -to -time without further public notice.
(d) Formal rules of evidence need not be followed. All witnesses shall be sworn or unsworn at
the discretion of the hearing body.
(e) Cross-examination of witnesses is not required unless, in the discretion of the hearing body,
cross-examination is necessary to provide a fair hearing and due process of law. Cross-
examination of members of the public who speak shall not be allowed unless the hearing body
determines that cross-examination is necessary to avoid a prejudicial denial of due process.
(fJ Documents should be identified and labeled in an orderly fashion when submitted to the
hearing board.
7
(g) The hearing board shall tape record the oral proceedings before the hearing board. The tape
recordings shall be maintained for 30 days after the time for any appeal has expired. If a timely
appeal is not filed, the tape recordings may be destroyed.
(h) All documents, testimony, and other evidence presented to and accepted by the hearing board
shall constitute the administrative record upon which the hearing board shall make its decision.
The administrative record shall include evidence submitted to the hearing board but not accepted
by the hearing board.
(i) The representatives of the cause for revocation shall be allowed to present final argument to
the hearing board followed by final argument by the representative for the permitee. Rebuttal
argument or re -rebuttal argument shall only be allowed at the discretion of the hearing board.
Sec. 26-297.16. Decision of the hearing board.
(a) At the conclusion of the hearing, or at any time thereafter, the hearing board shall deliberate .
the merits of the cause for revocation. Deliberations of the hearing board shall be conducted at a
meeting open to the public, but need not be conducted at a noticed public hearing. Deliberations
shall be solely among the hearing board members, unless the hearing board invites other persons
to participate.
(b) The hearing board may revoke the permit, amend, alter or modify the permit or impose new
or additional conditions, all as reasonably related to mitigation or elimination of the grounds
asserted for the revocation.
(c) The decision of the hearing board shall be in writing, supported by findings, and approved by
the hearing board within 30 days of the close of the hearing, or at the next regular meeting of the
hearing board immediately following such 30 day period.
(d) Upon approval of the decision by the hearing board, the decision shall be sent to the permitee
by mail, fax or email.
Sec. 26-297.18. Appeal of hearing board decision.
(a) Appeals from decisions of the planning commission sitting as the revocation hearing board
may be submitted to the City Clerk by any interested party within ten (10) days of approval of
the written decision of the hearing board. Decisions of the City Council sitting as the revocation
hearing board are not appealable.
(b) The appeal must be in writing, must include specific reasons for the appeal, and must be
accompanied by the fee set by city council resolution for such appeal. Such an appeal suspends
and sets aside the decision of the lower authority.
(c) Within five (5) working days of the receipt of the appeal the City Clerk shall estimate the
cost of preparation of the administrative, record and send written notice to the appealing party
that they must deposit one-half of the estimated cost of preparation of .the administrative record
with the City Clerk within ten (10) calendar days of the mailing date of the notice. Failure of the
appealing party to timely deposit such one-half of the estimated cost shall be a waiver and
termination of the appeal.
(d) The cost of preparation of the administrative record shall include costs of preparation and
duplication of all documentary and tangible evidence and the transcription of the oral portion of
the hearing. The transcription of the oral portion of the hearing shall be performed by an
independent professional transcription service chosen by the City Clerk.
(e) Upon the completion of the preparation of the administrative record, including the
transcription of the oral proceedings, the City Clerk shall determine the actual costs of preparing
the administrative record. Upon such determination of costs the City Clerk shall send written
notification of the actual costs of the preparation of the administrative record to the appealing
party. The notice shall advise the appealing party that it must pay one-half of the actual costs of
preparation of the administrative record within ten calendar days of sending of the notification,
and that if such payment is not timely received by the City Clerk, the appeal will be deemed
waived and terminated. If the deposit of the estimated cost of preparation of the administrative
record meets or exceeds the actual cost, payment will be deemed to have been timely.made, and
any overage will be refunded to the appealing party.
(0 Upon receipt of the required payment from the appealing party the City Clerk shall send
written notice of the time and place of the review of the appeal by the City Council to the
appealing party and the city's representative. The appeal shall be heard by the City Council
within forty (40) calendar -days of the payment of the required fees, or such additional minimal
time as needed to meet the schedule of available City Council meetings. The notice shall
contain:
(1) The time and location of the City Council meeting at which the appeal will be
reviewed.
(2) The name of the appealing party and the name of the permitee
(3) The address of the property, if any is involved in the appeal.
(4) A statement that the appealing party may present written or oral argument to the City
Council based on the administrative record. Written arguments must be filed with the City Clerk
and received by the other parties to the appeal at least fifteen (15) calendar days prior to the date
of the City Council meeting. Written rebuttal arguments by any party to the appeal must be filed
with the City Clerk and delivered to all other parties to the appeal at least 7 calendar days prior to
the date of the City Council meeting. Oral argument and rebuttal argument may be presented at
the City Council meeting.
(g) The city council shall determine the appeal based on their review of the administrative
record. The review shall occur at a regularly noticed City Council meeting and shall not require
a noticed public hearing. The appealing party shall be given the opportunity to present written or
oral arguments to the City Council. The city's representative shall be given the opportunity to
present written or oral rebuttal argument to the City Council.
(h) If the appealing party is not the permitee or there is more than one appealing party, the
following rules shall apply:
(1) The appealing party, the permitee and the city shall be referred to as "parties to the
appeal."
(2) Each party to the appeal shall pay their proportionate share of the cost of preparation
of the administrative record. If the appealing party does not timely pay their proportionate share
of such costs, the appeal shall be waived and terminated. If any other party to the appeal does
not timely pay their share of such costs, the non-paying party shall not be entitled to participate
in the appeal process, but shall remain liable to the city for their share of the costs of preparation
of the administrative record.
(3) All notices shall be sent to all parties to the appeal.
(4) Arguments may be presented by the appealing party, and rebuttal arguments may be
presented by any other parties to the appeal. All written arguments and rebuttal arguments shall
be delivered to all other parties to the appeal:
Sec. 26-297.20. Decision of the City Council on appeal.
(a) At the conclusion of the meeting, or at any time thereafter, the City Council shall deliberate
the merits of the cause for the appeal. Deliberations of the City Council shall be conducted at a
meeting open to the public,but need not be conducted at a noticed public hearing. Deliberations
shall be solely among the .City Council members, unless the City Council invites other persons to
participate.
(b) The City Council may revoke the permit, amend, alter or modify the permit or impose new or
additional conditions, all as reasonably related to mitigation or elimination of the grounds
asserted for the revocation.
(c) The decision of the City Council shall be in writing, supported by findings, and approved by
the City Council within 30 days of the close of the meeting, or at the next regular meeting of the
City Council immediately following such 30 day period.
(d) Upon approval of the decision by the City Council, the decision shall be sent. to the permitee
by mail, fax or email.
Sec. 26-297.22. Termination of proceedings.
(a) The planning director may recommend to the'hearing body termination of the revocation
proceedings anytime during the hearing process or the appeal process if the planning director
determines that:
(1) The grounds' for the revocation have been satisfactorily corrected by the permitee.
(2) The permitee has voluntarily ceased the use for which the permit was issued.
ON
(3) The permitee has ceased the activity which was the grounds for the revocation and
provided a written relinquishment of the permit to the planning director..
(4) The permitee has reached a written settlement agreement with the city which will
protect the public health, safety and welfare.
(5) There exists other good cause for termination of the revocation proceedings.
(b) After due consideration of the recommendation of the planning director, the hearing body
may approve the termination of the revocation proceedings by a majority vote of a quorum of the
hearing body.
(c) The hearing body may, on its own initiative, and for good cause, terminate any revocation
proceedings by a majority vote of a quorum of the hearing body."
SECTION 10. Section 26-597 of Division 3 of Article X of Chapter 26 of the West Covina
Municipal Code, regarding the land use matrix, is amended to read as follows:
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 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.
TABLE INSET: (Partial Table)
R
R
M
M
M
M
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
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 Centers
Small collection facilities
not in conjunction with
materials recovery facility
a
a
a
a
a
a
a
or solid waste transfer and
processing station (See
Section 26-685.91
Recycling Centers
Reverse vending
a
a
a
a
a
a
a
achine(s)/bulk reverse
vending machine
Recycling Centers
Reverse vending
machine(s) located within
x
x
X
x
x
x
x
or under the roof line of a
commercial structure
10
R
R
M
M
M
M
O
N
R
S
C
C
M
I
P
O
A
1
8
5
20
45
P
C
C
C
2
3
1
P
B
S
Recycling Centers
Materials recovery facilityc
c
Recycling Centers
Solid waste transfer and
c
c
processing stations
Religious facility
c
c
c
c
c
c
c
c
c
c
c
c
--
Religious supply and
reading rooms
x
x
x
--
Rental service as listed in
his 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. XII, div. 15)
a
a
a
a
a
a
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 acres minimum
c
c
--
x
site)
Roominghouse
c
c
c
c
c
c
--
R4
SECTION 11. Division 14 of Article XII of Chapter 26 of the West Covina Municipal Code,
regarding the recycling center, is amended to read as follows:
"Sec.26-685.90. Purpose.
The purpose of this division is to address the critical statewide issue of diminishing landfill
capacity. Consistent with the waste diversion goals and objectives adopted as part of the city's
source reduction and recycling element, this division is intended to conserve, to the extent
possible, remaining landfill capacities, by promoting an integrated waste management approach
whereby each waste stream is handled in the most efficient and environmentally sound manner
and providing the public with convenient recycling and/or disposal alternatives. This division
further seeks to guarantee the adequacy of the site for the proposed use and ensure the protection
of the surrounding properties through review and consideration of physical design and
compatibility with surrounding properties.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92)
Sec.26-685.91. Definitions.
[As used in this article the following words and terms shall have the meanings respectively
ascribed:]
Composting shall mean a method of waste treatment in which organic solid wastes are
biologically decomposed under controlled, aerobic or anaerobic conditions. .
Materials recovery facility or MRF shall mean a permitted solid waste facility where solid
wastes or recyclable materials are sorted or separated, by hand or, byuse of machinery, for the
purpose of recycling or composting.
Recyclable material shall mean reusable material, including, but not limited to, metals, glass,
plastic and paper, which may be intended for reuse, remanufacture or reconstitution. Recyclable
material does not include solid waste or hazardous materials. Recyclable material may include
11
used motor oil collected and transported in accordance with Sections 52250.11 and
25143.2(b)(4) of the California Health and Safety Code.
Recycle shall mean the process of collecting, sorting, cleansing, treating, and reconstituting
materials that would otherwise become solid waste, and returning them to the economic
mainstream in the form of raw material for new,. reused, or reconstituted products and not
intended for disposal.
Small collection facility as distinguished from a MRF shall mean a facility for the collection and
acceptance by donation, redemption of purchase of recyclable materials: As used herein, such a
facility does not occupy an area of more than five hundred (500) square feet unless operated on
the same site and in conjunction with a materials recovery facility or solid waste transfer station.
A recycling center does not include storage containers or collection activity located on the
premises of a residential, commercial, or manufacturing use and is used solely for the recycling
of material generated by that residential property, business or manufacturer and not held out for
public use.
Small Collection Facilities centers are further defined to include but are not limited to these
following specific types:
(1) Buy back recycling center shall mean a recycling facility which pays a fee for the delivery
and transfer of ownership to the facility of source separated materials for the purpose of
recycling or composting.
(2) Drop-off center shall mean a facility which accepts delivery or transfer of ownership of
source separated materials for the purpose of recycling or composting without paying a fee.
(3) Reverse vending machine(s) shall mean an automated mechanical device which accepts at
least one (1) or more types of empty beverage containers, including, but not limited to aluminum
cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value
not less than the container's redemption value as determined by the state.
(5) Bulk reverse vending machines shall mean a reverse vending machine that is larger
than fifty (50) square feet, is designed to accept more than one (1) container at a time, and will
pay by weight instead of by container.
Solid waste shall mean all putrescible and nonputrescible solid, semi -solid, and liquid wastes,
including garbage, trash, refuse, paper, rubbish; ashes, industrial wastes, demolition and
construction wastes, abandoned vehicles and parts thereof, discarded home and industrial
appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste,
manure, vegetable or animal solid and semi -solid wastes, and other discarded solid and semi-
solid wastes.
Solid waste transfer or processing station or transfer station shall' mean a facility as defined
and permitted under state law used by persons and route collection vehicles to deposit collected
solid waste from off -site into a larger transfer vehicle including railroad cars for transport to a
solid waste handling facility. Transfer station may also ;include material recovery facilities and
recycling centers, except that permits shall be required only as required by state law.
Source separated material shall mean the segregation, by the generator; of materials designated
for separate collection for some form of materials recovery or special handling.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92)
Sec. 26-685.92. Permitted zones and required permit.
No person or entity shall be permitted to place, construct, or operate a recycling center, materials
recovery facility, and/or solid waste transfer station without first obtaining a permit pursuant to
the provisions set forth in Section 26-597 of this code. This permit is in addition to and is
intended to supplement that required by state law in order to - protect local health, safety and
welfare. Any business which wishes a land use permit must obtain a business license.
(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4=
5-94; Ord. No. 2030, § 4, 4-20-99)
12
Sec. 26-685.93. Development standards.
The following development standards, in addition to the requirements of the underlying zone,
shall apply. Where the following code provisions are in conflict with others, the stricter
requirements shall apply.
(a) Small collection facility
Unless otherwise noted, the following requirements apply to all small collection facilities
(1) The center shall be established in conjunction with an existing or.planned commercial use,
industrial use, multiple -family residential use or service facility (herein referred to as the "host
use") which is in compliance with the zoning, building; and fire codes of the City of West
Covina.
(2) The center shall be no larger than five hundred (500) square feet, and the placement of a
small collection facility shall not create a parking deficit. .
(3) The center shall be set back at least fifty (50) feet from a right-of-way line, unless deemed
adequately screened by the planning director or planning commission, and shall not obstruct
pedestrian or vehicular circulation.
(4) No power -driven processing equipment except for reverse vending machines shall be
employed.
(5) Containers shall be constructed and maintained with, durable waterproof, leakproof and
rustproof material, covered and locked when the center ' is not attended, secured from
unauthorized entry or removal of material, and shall be of a capacity' sufficient to accommodate
the materials collected and the collection schedule.
(6) All recyclable material shall be stored in .containers or in the mobile unit vehicle, and no
materials shall be left outside of containers when attendant is not present.
(7) The facility shall be maintained free of vermin, litter and any other undesirable materials,
and be swept at the end of each collection day and cleaned weekly.
(8) Noise levels shall not exceed sixty (60) dBA as measured at the property line of a
residentially zoned or occupied site; otherwise, noise levels shall not exceed seventy (70) dBA.
(9) Attended facilities shall have a minimum distance of two hundred and fifty (250) feet of a
site zoned or occupied for residential use.
(10) Attended facilities shall operate only during the hours between 8:00 a.m. and 7:00 p.m. on
weekdays and 10:00 a.m. and 6:00 p.m. on weekends and holidays.
(11) Containers shall be clearly marked to identify the type of material which may be deposited;
the facility shall be clearly marked to identify the name and telephone number of the facility
operator and the hours of operation, and display a notice stating that no material shall be left
outside the containers. The operator shall keep the area clean 'and free of litter; material or debris.
(12) The facility shall not impair the landscaping required for any concurrent use.
(13) No additional parking- spaces are required for customers of the recycling center when
located in an established parking lot of the host use; one (1) space will be provided for the
attendant, if needed.
(14) Small collection facility shall have an area clearly marked to prohibit other vehicular
parking during hours when the mobile unit is scheduled to be present.
(15) Occupation of parking spaces by the facility and by the attendant may not reduce available
parking spaces below the minimum number required for the primary host use unless all of the
following conditions exist:
13
a. The facility is located in a convenience zone or a potential convenience zone as designated
by the California Department of Conservation.
b. A parking study shows that existing parking capacity is not already fully utilized during the .
time the recycling facility is in operation;
A reduction in available parking spaces in an established parking facility may then be allowed as
follows:
TABLE INSET:
Number of Available Parking Spaces
Maximum
Reduction
0--25
0
26--35
1
36--49 =
2
50--99
3
100--299
4
300 and up
5
(16) If the permit expired without renewal, the recycling facility shall be removed from the site
on the day following permit expiration.
(17) A twelve -inch by twelve -inch sign which states the redemption value offered shall be
posted daily.
(18)The small collection facility shall be screened when determined by the review authority to
reduce visibility impacts from off -site and main traffic areas on -site.
(19) Small collection facilities shall only be located on a property with a market that is greater
than 30,000 square feet in floor area.
(b) Reverse vending machines.
(1) Provide and maintain a minimum illumination level of two -foot candles within a minimum
25-foot radius around the -reverse vending machines from dusk to dawn.
(2) Provide an eight -foot wide unobstructed clear walkway area in front of the reverse vending
machines. Consideration may be given to alternative solutions such as recessing the machines
into the building frontage of the adjacent lease space.
(3) The placement of the reverse vending machines shall not obstruct any portion of a storefront
window or door and shall be placed immediately in front of or inset into, the facade of the
building.
(4) Where practicable, the reverse vending machines shall be placed in location away from the
most heavily traveled pedestrian areas within the vicinity of the store being served and in
compliance with the other provisions of the WCMC.
(5) The machines shall be located within thirty (30) feet of a primary entrance to the
commercial structure, and shall not obstruct pedestrian, handicapped or vehicular circulation. If a
more suitable location presents itself as a result of the layout. and/or architecture of the
development, the planning director may approve a variation to the location.
(6) The machines shall not occupy parking spaces required by the primary use(s).
14
(7) The machines shall occupy no more than fifty (50) square feet of floor space per
installation, including any protective .enclosure, and shall . not be more than eight (8) feet in
height.
(8) The machines(s) shall be constructed and maintained with durable waterproof material.
(9) Reverse vending machines shall be clearly marked 'to identify the type of material to be
deposited, operation instructions, and the identity and 'phone number of the operator or
responsible person to call if the machine is inoperative.
(10) The machines shall be maintained in a clean, vermin free, and litter free condition on a
daily basis. This shall include the cleaning of the machines and the surrounding walkways to
reduce the discoloration, stickiness, and likelihood for attracting vermin. A cleaning schedule
shall be submitted for approval via a planning director's modification to the approved precise
plan for the site. Said cleaning schedule shall identify the tasks to be undertaken, and the
frequency of those tasks.
(11) Operating hours shall be at least the operating hours of the primary host use.
(12) A twelve -inch. by twelve -inch sign which states the redemption value offered shall be
posted prominently on or.adjacent to the machines.
(13) Reverse vending machines do not require additional parking. spaces for recycling
customers.
(c) Material recycling facilities and solid waste transfer or processing stations. These
requirements are minimum local land use requirements which supplement the requirements of
state law permits. Additional requirements may be required through the conditional use permit
process.
(1) Site location criteria.
a. Said facilities shall not substantially increase vehicular traffic nor existing noise levels in
adjacent residential areas on local residential streets or shall be mitigated.
b. Said facilities shall not substantially lessen the usability and suitability of adjacent or nearby
properties for their existing use.
c. The site shall be served by an improved arterial street adequate in width and pavement type
to carry the quantity and type of traffic generated by said use without significantly lowering the
existing level of service of that arterial.
d. The site shall be adequate in size and shape to accommodate said use, and to accommodate
all yards, walls, vehicular stacking, parking, landscaping and other required improvements.
(2) Site development standards.
a. All buildings, structures or improvements shall meet the°setback:requirements of the
underlying zone. Setbacks may be used only for the following purposes:
Passage or temporary standing of automobiles
Landscape areas
Light poles and standards
b. All waste unloading, loading, and processing equipment and activities shall be contained
within an enclosed building with only sufficient openings for ingress/egress of vehicles and
ventilation.
c. Sufficient off-street parking shall be provided to accommodate all company, employee and
visitor vehicles on -site:
d. On -site truck stacking and maneuvering area shall be provided as necessary to accommodate
the anticipated vehicular usage of the facility, depending on the size and nature of the facility. No
truck stacking and maneuvering area shall be permitted within the required front and street side
15
yard setback, and shall be completely screened by solid masonry walls not less than six (6) feet
in height with appropriate landscaping and irrigation.
e. Any leachate and other liquid flow that may result shall be contained on -site and disposed of
through an on -site treatment and/or sewer system to a regular or industrial sewer. Such leachate
must also be handled pursuant to the requirements of the integrated waste management board,
regional water quality control board, and Los Angeles County Department of Health.
f. Average noise levels shall not exceed seventy (70) dBA as measured at the property line of
the facility in cases where any abutting nonresidentially zoned property is impacted, and sixty
(60) dBA as measured at the property line of the facility in cases where any abutting residentially
zoned property is impacted.
g. Adequate safety features (e.g. sprinkler systems, alarm systems, materials screening program,
emergency procedures) shall at a minimum be incorporated into the design of the facility.
h. Adequate dust, odor and noise controls shall be incorporated into the facility to minimize
generation and off site transmission of dust, odor and noise.
i. All materials stored outside shall either be in processed bales or kept within storage bins
constructed and maintained with durable waterproof, leakproof and rustproof material, covered
and locked when the center is not attended, secured from unauthorized entry and removal of
material, and of a capacity sufficient to accommodate the materials collected and the collection
schedule.
j. All lighting shall be focused and directed and so arranged as to prevent glare or direct
illumination on streets or adjoining property.
k. The lighting system shall be so designed to produce a minimum maintained average lighting
level of one (1) foot-candle on the entire facility's horizontal surface..
1. If the MRF/Transfer Station facility is located within 'five hundred (500) feet of property
occupied by residential use, operating hours of operation shall at a minimum be restricted to
between 6:00 a.m. and 8:00 p.m., and the average noise levels during this time shall be in
accordance with subsection (c)(2)f. above, except for indoor activities such as but not limited to
dispatching of vehicles and administration. Said hours maybe extended for some or all activities
when appropriate mitigation measures and acceptable noise performance standards during these
extended operating hours, as determined by the planning commission or planning director, are in
place.
in. All open areas, other than landscaped planter beds, shall be paved with not less than two and
one-half (2 1/2) inches of asphaltic concrete or an equivalent surface meeting the established
standards and specifications of the engineering department, shall be graded and drained so as to
adequately dispose of all surface water and shall be maintained in good repair at all times.
n. No operating portion of the site shall be visible from public view. This requirement may at a
minimum be satisfied by a solid masonry wall not less than six (6) feet iri height, landscaping,
existing topographic conditions, or a combination thereof.
o. A minimum of twenty -foot wide planters shall be provided along all street frontages except
for driveway openings.
p. A daily cleaning program for floors, equipment and facility buildings and grounds and
ongoing maintenance program shall be established to the approval of the West Covina
Enforcement waste management agency.
q. Refuse shall be handled as quickly as possible to avoid longterm exposure on -site.
r. All incoming or outgoing trucks shall be completely enclosed or equipped with an
impermeable tight -fitting cover to suppress odors and prevent spillage of materials.
16
s. No waste, trash except for separated recyclables, shall be`stored at the facility overnight for
longer than twenty-four (24) hours, unless the facility is properly permitted to do so.
t. Additional noise controls including use of the best available noise suppression and control
technology shall be used if necessary to achieve the established noise control performance
standards.
u. The facility operator, shall prepare and implement 'a noise monitoring and abatement
program, which shall be approved by the city enforcement waste management agency. The
program shall monitor noise levels at the property line of at a minimum of three (3) sensitive
receptor locations within the potential impact zone of the project: `If noise levels at these
locations exceed performance standards the operator shall notify the city within twenty-four (24)
hours and institute additional noise reduction measures to bring noise emanating from the facility
into compliance with the standards within thirty (30) days or otherwise seek city approval for a
time extension. Data from all noise monitoring activities are to be recorded and made available
for review by the city upon request.
v. The facility shall comply with Rule 402 of the South Coast Air Quality Management District.
w. Upon detection, extremely odorous loads entering the MRF shall be transferred as soon as
possible.
x. When necessary, the MRF operator shall treat wastes in the MRF with odor suppressants to
comply with the baseline odor standards. A certified industrial hygienist shall establish baseline
indoor odor standards and perform quarterly inspections to monitor odor levels.
y. Additional odor controls including the base available odor suppression technology shall 'be
used if necessary to minimize the release of fugitive odors.
z. The facility operator shall prepare and implement an odor monitoring and abatement
program, which shall be approved by the West Covina enforcement waste management agency.
The program shall ensure that odor levels within the facility are kept within the baseline odor
standards and that odors emanating from the facility shall not exceed the odor detection
thresholds at the facility's boundary line. The program shall use the 'services 'of a certified
industrial hygienist to monitor odor levels on a quarterly basis, 'both within the facility and at a
minimum of three (3) sensitive receptor locations within the potential impact zone of the project.
If odor levels at these monitoring locations exceed the odor detection thresholds, the operator
shall notify the city within twenty-four (24) hours and ` institute additional odor reduction
measures to meet the specified odor performance standards. The facility operator shall bring the
odor level into compliance with the baseline odor standards within thirty(30) days, or shall
otherwise request an extension of time from the city in order to reach compliance. Data from all
odor monitoring activities are to be recorded and made available for review by the city upon
request.
(3) Load inspection program. All material recovery facilities, solid waste transfer stations or
other solid waste management facilities will be required to institute a load inspection program
(LIP) as part of their daily operations. The requirements for. the LIP are as follows: The facility
operator shall prepare and implement a program for screening loads at the facility gate house,
and for checking loads at the facility building(s) and areas of operation. The load inspection
program shall include inspection for hazardous wastes and other ineligible wastes, and shall
include procedures for their handling and disposal.
Specifies of the program will be submitted to the city in a written report for their review and
comment. The program shall be approved by the West Covina Enforcement Waste Management
Agency.
(Ord. No:1759, 11-2747; Ord. No. 1902, § 2, 6-2-92; Ord. No. 1933, § 1(Amd: 258, Exh. 1), 4-
5-94; Ord. No. 2014, § 2, 4-21-98)
Sec.26-685.94. Signage.
(a) Reverse vending machines shall have a sign area of a'maximum of, two' (2) square feet per
machine, exclusive of operating instructions.
17
(b) Recycling centers may have signage provided as. follows:
(1) Identification signs with a maximum of sixteen (16) square feet, in addition to informational
signs required by section 26-685.96.
(2) The signs must be consistent with the architectural style and character of the host use.
(3) Directional signs, bearing no advertising message, may be installed on : the site with the
approval of the planning director, if deemed to be necessary to facilitate traffic circulation, or if
the facility is not visible from the public right-of-way.
(c) Materials recovery facilities and solid waste transfer or processing stations shall have signs
as provided for the zone in which they are located."
18
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2213 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3`d floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush; Assistaht City Clerk
Posted: January 25, 2011