Ordinance - 2338ORDINANCE NO.2338
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 14-05
TO AMEND CHAPTER 20 AND CHAPTER 26 OF THE WEST COVINA
MUNICIPAL CODE RELATED TO ENTITLEMENTS AND PROCESSING
WHEREAS, on the 23`d day of September, 2014, the Planning Commission adopted
Resolution No. 14-5642 initiating a code amendment to evaluate entitlement processing standards;
and
WHEREAS, the Planning Commission held study sessions on the 9d' day of May, 2017; the
11 d' day of July 2017; and the 8d' day of August 2017: and
WHEREAS, the Planning Commission, upon giving required notice, did on the 27d' day of
February, 2018, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 18-5943, recommending to the City Council approval
of Code Amendment No. 14-05; and
WHEREAS, the City Council considered evidence presented by the Planning Commission,
Planning Department, and other interested parties at a duly advertised public hearing on the 3rd
day of April, 2018.
WHEREAS, studies and investigations made by this Commission and on its behalf reveal the
following facts:
1. The Municipal Code currently includes standards for processing of zoning
entitlements. It is appropriate to consider revisions to the current standards to establish
standards, revise standards and consider processes to determine if the current process
is appropriate. Entitlement processes to be considered include, but are not limited to;
Tentative Tract Maps, Tentative Parcel Maps, Planning Director's Modifications,
Precise Plans, and Slight Modifications.
2. The process for considering a Zoning entitlement is very important for the City as well
as applicants. It is therefore important to consider current processes to determine if
they are efficient and effective.
3. The proposed code amendment is exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA
Guidelines in that it consists of a code amendment entitlement case processing in the
Subdivision and Zoning portions of the Municipal Code, 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,
CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
CHAPTER 20 SUBDIVISION
SECTION NO. 1: Section 20-55 and 20-56 of Article IV of Chapter 20 of the West Covina
Municipal Code, Reserved, is hereby amended to read as follows:
Sec. 20-55 - Required findings for tentative maps.
The following findings are required for approval of a tentative map:
(a) The proposed map is consistent with the general plan and any applicable adopted specific
plans.
(b) The design or improvement of the proposed subdivision is consistent with the general plan
and applicable adopted specific plans.
(c) The site is physically suitable for the type of development.
(d) The site is physically suitable for the proposed density of development.
(e) The design of the subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and avoidably injure fish, wildlife or
their habitat.
(f) Neither the design of the subdivision nor the type of improvements are likely to cause
serious public health problems.
(g) The design of the subdivision or the type of improvements will either (i) not conflict with
recorded or adjudged easements, acquired by the public at large, for access through or use
of, property within the proposed subdivision; or (ii) alternate easements, for access or for
use, will be provided, and these will be substantially equivalent to ones previously acquired
by the public.
Sec. 20-56 — Amendment to a tentative map.
(a) The planning director may approve an application for minor modification to an approved
tentative map without notice or public hearing. A modification is considered minor
when, in the determination of the planning director, it is consistent with the intent of the
original map approval, does not violate any provision of this code, and does not constitute
a substantial change to the map or the conditions of approval. A minor modification may
only be implemented with the approval of a Minor Site Plan Review/Modification as set
forth in Article VI, Division 14 of Chapter 26.
Secs. 20-57-20-59. — Reserved.
SECTION 2. Section 20-78 of Article VI of Chapter 20 of the West Covina Municipal Code,
Reserved, is amended to read as follows:
Sec. 20-78 — Expiration of approval or conditional approval of tentative map.
(a) An approved or conditionally approved tentative map shall expire twenty-four (24) months
after its approval or conditional approval or such other period as may be set by Section
66452.6 of the Government Code or any successor law. Failure to file a final map prior to
the expiration of a tentative map will automatically void the tentative map.
(b) A subdivider may apply for up to three (3) two-year extensions of time of the tentative map
expiration. Such application must be filed prior to the expiration of the tentative map and
must clearly state the reasons why the final map has not been recorded. An application for
an extension may be granted by the planning commission only after first finding all of the
following:
(1) There have been no changes to the provisions of the general plan, any applicable
specific plan, or this chapter applicable to the project since the approval of the
tentative parcel or tract map;
(2) There have been no changes in the character of the site or its surroundings that
affect how the policies of the general plan, any applicable specific plan, or other
standards of this chapter apply to the project; and
(3) There have been no changes to the capacities of community resources, including
but not limited to roads, sewage treatment or disposal facilities, schools, or water
supply so that there is no longer sufficient remaining capacity to serve the project.
(c) The planning commission may impose new conditions on the tentative map, based on
changed circumstances, code amendments, or oversights disclosed in review of the
application for extension of the tentative map.
Sec. 20-79. — Reserved.
CHAPTER 26 ZONING
SECTION 3. Section 26-203 of Article VI of Chapter 26 of the West Covina Municipal Code,
Multiple applications, is amended to read as follows:
Sec. 26-203. - Multiple applications.
(a) Multiple applications needed for the same project (e.g., a precise plan and zone change)
must be filed and processed concurrently.
(b) When multiple applications for one project are filed concurrently and subject to different
approval authorities, the highest approval authority shall act on all the applications. If
the different approval authorities are the planning commission and the city council, the
planning commission shall make a recommendation on the applications to the city
council.
SECTION 4. Section 26-212 (b) of Article VI of Chapter 26 of the West Covina Municipal Code,
Appeal Procedure, is amended to read as follows:
Sec. 26-212. - Appeal procedure.
(b) Decisions of the planning director 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.
SECTION 5. Section 26-218 of Article VI of Chapter 26 of the West Covina Municipal Code,
Decision of the city council shall be final, and Section 26-220 of Article VI of
Chapter 26 of the West Covina Municipal Code, Refiling Projects, is amended to
read as follows:
Sec. 26-218. - Decision of the city council.
(a) Action by the city council on an application or appeal shall be by majority vote of a quorum
of the city council and shall be final and conclusive. Any ordinance or resolution of the
city council shall require three affirmative votes of the city council.
(b) If a city council vote on an application results in a tie, or if the city council does not take
action on the application, such tie vote or lack of action shall constitute a denial of the
application.
(c) If a city council vote on an appeal results in a tie, or if the city council does not take
action on the appeal, the decision of the Planning Commission shall stand.
Sec. 26.220. Refiling Projects.
A denied project may not be resubmitted to the city for review and approval in substantially the
same form for at least one (1) year from the date of denial.
Secs. 26-221— 26-225. Reserved.
SECTION 6. Section 26-235 of Article VI of Chapter 26 of the West Covina Municipal Code,
Failure to utilize a precise plan, is amended to read as follows:
Sec. 26-235. - Failure to act on a precise plan.
(a) Failure to take any action on an approved precise plan within two (2) years of its effective
date (unless extended by action of the planning commission) will cause such precise plan
to expire without further action by the city. In the event construction work is involved,
such work must actually commence within the stated period and be diligently pursued,
unless other entitlements must be sought prior to commencement of construction and the
applicant is proceeding diligently to obtain such entitlements. If the city planning director
should find that there has been no construction or other action of substantial character
taken or if the applicant is not diligently proceeding, the planning director may give
notice of intent to modify the precise plan, or to revoke the precise plan pursuant to the
procedures set forth in Article VI, Division 12.
(b) Extension of time in one-year increments, up to a maximum of two (2) additional years,
may be granted from the original date of expiration of the precise plan by the planning
commission when extenuating circumstances can be clearly shown by the applicant. The
request for same shall be submitted to the planning commission in writing prior to the
expiration date and shall clearly state the reasons why construction has not commenced
or been continued. The planning commission may impose new conditions on the precise
plan, based on changed circumstances, code amendments or oversights disclosed in
review of the plan.
SECTION 7. Section 26-236 (b) of Article VI of Chapter 26 of the West Covina Municipal Code,
Amendment to a precise plan, is amended to read as follows:
Sec. 26-236 — Amendment to a precise plan.
(b) The planning director may approve minor revisions to an approved precise plan which
do not adversely affect the public interest or the interest of owners of neighboring
properties, substantially alter the plan, or affect any other condition of approval. The
minor revisions may only be approved by a minor site plan review or minor modification
as set forth in Division 14 of this article.
SECTION 8. Section 26-251 (b) of Article VI of Chapter 26 of the West Covina Municipal
Code, Amendment to a conditional use permit, is amended to read as follows:
Sec. 26-251— Amendment to conditional use permit.
(b) The planning director may approve minor revisions to a conditional use permit which do
not adversely affect the public interest or the interest of owners of neighboring properties
or substantially alter the plan for such use, and so long as said modification would not
affect any other condition of approval. The minor revisions may only be approved by a
minor site plan review or minor modification as set forth in Division 14 of this article.
SECTION 9. Section 26-252 of Article VI of Chapter 26 of the West Covina Municipal Code,
Failure to utilize a conditional use permit, is amended to read as follows:
Sec. 26-252. - Failure to take action on a conditional use permit.
(a) Failure to take any action on a conditional use permit within two (2) years of its effective
date (unless extended by action of the planning commission) will cause such conditional
use permit to expire without further action by the city. In the event construction work is
involved, such work must actually commence within the stated period and be diligently
pursued, unless other entitlements must be sought prior to commencement of
construction and the applicant is proceeding diligently to obtain such entitlements. If the
city planning director should find that there has been no construction or other action of
substantial character taken or if the applicant is not diligently proceeding, the planning
director may give notice of intent to modify the conditional use permit, or to revoke the
conditional use permit pursuant to the procedures set forth in Article VI, Division 12.
(b) Extension of time in one-year increments, up to a maximum of two (2) additional years,
may be granted from the original date of expiration of the conditional use permit by the
planning commission when extenuating circumstances can be clearly shown by the
applicant. The request for same shall be submitted to the planning commission in writing
prior to the expiration date and shall clearly state the reasons why construction has not
commenced or been continued. The planning commission may impose new conditions
on the conditional use permit, based on changed circumstances, code amendments or
oversights disclosed in review of the plan.
SECTION 10. Section 26-263 of Article VI of Chapter 26 of the West Covina Municipal Code,
Required findings for variances, is amended to read as follows:
Before any variance may be granted, it shall be found:
(a) There are special circumstances (which may include, but are not limited to, size, shape,
topography, location or surroundings) applicable to the property which are not applicable
to other property in the property's vicinity under identical zoning classification.
(b) As a result of the special circumstances, the strict application of the zoning ordinance
deprives the property of meaningful privileges enjoyed by other property in the vicinity
and under identical zoning classification.
(c) Such variance is necessary to allow the property in question to have the same substantial
property right possessed by other property in the same vicinity and zone.
(d) The granting of such variance will not be materially detrimental to the public welfare or
materially injurious to residents or owners of nearby properties.
(e) That the granting of such variance shall be consistent with the adopted general plan and
any applicable specific plans.
(f) The variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property.
SECTION 11. Section 26-267 of Article VI of Chapter 26 of the West Covina Municipal Code,
Review Board, is amended to read as follows:
Sec. 26-267. - Administrative Use Permit Required.
(a) An administrative use permit is required for the approval of a slight modification. Said
applications shall be accompanied by an application fee as established by a resolution of the
city council and three (3) sets of property owner labels required for notification purposes.
(b) An application for an administrative use permit for a slight modification shall be submitted
and processed in accordance with the requirements of Division 1 of this article,
(c) The findings set forth in Section 26-263 must be made for approval of an administrative permit
for a slight modification.
SECTION 12. Section 26-268 of Article VI of Chapter 26 of the West Covina Municipal Code,
Failure to utilize variance or slight modification, is amended to read as follows:
Sec. 26-268. - Failure to act on variance or slight modification.
(b) A variance or slight modification not in conjunction with other cases shall expire without
further action by the city if no action is taken on it within two (2) years from date of the
resolution granting the variance or slight modification. If construction work is involved,
such work must be actually commenced within the stated period and be diligently
pursued, unless other entitlements must be sought prior to commencement of
construction and the applicant is proceeding diligently to obtain such entitlements. If the
city planning director should find that there has been no construction or other action of
substantial character or if the applicant is not diligently proceeding, the planning director
may give notice of intent to modify the variance, or to revoke the variance pursuant to
the procedures set forth in Article VI, Division 12.
(c) Extension of time up to a maximum of two (2) additional years may be granted from the
original date of expiration of the variance or slight modification by the planning
commission or city council when extenuating circumstances can be clearly shown by the
applicant. The request for the extension shall be submitted to the planning commission
in writing prior to the expiration date and shall clearly state the reasons why such variance
or slight modification has not been utilized.
SECTION 13. Section 26-271 (b) of Article VI of Chapter 26 of the West Covina Municipal
Code, Amendment to an administrative use permit, is amended to read as
follows:
Sec. 26-271. - Amendment to an administrative use permit.
(b) The planning director may approve minor revisions to an administrative use permit which
do not adversely affect the public interest or the interest of owners of neighboring
properties or substantially alter the plan for such use. The minor revisions may only be
approved by a minor site plan review or minor modification as set forth in Division 14
of this article.
SECTION 14. Section 26-272 of Article VI of Chapter 26 of the West Covina Municipal Code,
Failure to utilize an administrative use permit, is amended to read as follows:
Sec. 26-272. - Failure to act on an administrative use permit.
(b) Failure to take any action on an administrative use permit within two (2) years of its
effective date (unless extended by action of the planning commission) will cause such
administrative use permit to expire without further action by the city. In the event
construction work is involved, such work must actually commence within the stated
period and be diligently pursued, unless other entitlements must be sought prior to
commencement of construction and the applicant is proceeding diligently to obtain such
entitlements. If the city planning director should find that there has been no construction
or other action of substantial character taken or if or if the applicant is not diligently
proceeding, the planning director may give notice of intent to modify the administrative
use permit, or to revoke the administrative use permit pursuant to the procedures set out
in Article VI, Division 12.
(c) Extension of time in one-year increments, up to a maximum of two (2) additional years,
may be granted from the original date of expiration of the administrative use permit by
the planning commission when extenuating circumstances can be clearly shown by the
applicant. The request for same shall be submitted to the planning commission in writing
prior to the expiration date and shall clearly state the reasons why construction has not
commenced or been continued. The planning commission may impose new conditions
on the administrative use permit, based on changed circumstances, code amendments or
oversights disclosed in review of the plan.
SECTION 15. Section 26-296.1200 of Article VI of Chapter 26 of the West Covina Municipal
Code, Administrative Use Permit Required, is amended to read as follows:
Section 26-296.1200 — Administrative use permit required.
Any person desiring to build a structure or an addition to an existing structure which is a
large expansion or exceeds the maximum unit size as set forth in section 26-401.5 shall
be required to file with the planning director an application for an administrative use
permit for a large addition or exception as set forth in article VI, division 5 of this chapter.
An administrative use permit shall not be required for a large expansion or maximum
unit size expansion when the proposed house requires a conditional use permit for a large
home pursuant to section 26-401.5(d) of this chapter.
SECTION 16. Article VI, Division 14 is added as follows:
Article VI — Procedures, Hearings, Notices, Fees and Cases
Division 14 — Minor Site Plan Review and Minor Modification
Sec. 26-299.02. - Planning director may grant Minor Site Plan Review.
(a) A minor site plan review is required for minor revisions to approved and completed
developments.
(b) The planning director shall be authorized to approve, approve with conditions, or
disapprove an application for a minor site plan review, for the following minor revisions:
1) Revisions that are insignificant site plan changes that do not significantly alter the
number of parking spaces or amount of landscaping.
2) Structural revisions that do not alter the footprint of the building or change the size or
shape of the building.
3) Color or material modifications that are similar or within a similar color palette to that
existing.
4) Revisions due to maintenance issues such as replacement of exterior materials.
5) The addition of fencing, mechanical equipment, or similar site plan modifications.
6) The collocation of antenna apparatus on existing wireless antenna structures.
7) Similar types of improvements as those listed above.
(c) An application for revisions or modifications not listed in subsection (b) above shall
constitute a major site plan review and shall be subject to planning commission review.
Sec. 26-299.04. - Planning director may grant minor modification.
(a) A minor modification is required for minor revisions to approved projects under
construction that have not received a final inspection and/or certificate of occupancy.
(b) The planning director shall be authorized to approve, approve with conditions, or
disapprove an application for a minor modification, for the following minor revisions:
1) Revisions that are insignificant site plan changes that do not significantly alter the
number of parking spaces or amount of landscaping.
2) Structural revisions that do not alter the footprint of the building or change the size or
shape of the building.
3) Color or material modifications that are similar or within a similar color palette to that
approved.
4) The addition of fencing, mechanical equipment, or similar site plan modifications not
reviewed as part of the case file.
5) Similar types of improvements as those listed above.
(c) An application for revisions or modifications not listed in subsection (b) above shall
constitute a Major Modification and shall be subject to planning commission review.
Sec. 26-299.06. - Existing regulations.
As part of a minor site plan or minor modification approval, the planning director may
require development standards stricter than the minimum standards of this Code (e.g., less
sign area, less building coverage, lower density, increased parking, increased fence or wall
height, etc.) when such restrictions will mitigate potential impacts to surrounding properties
or achieve greater aesthetic or functional integration and compatibility with neighboring
developments.
Sec. 26-299.08. - Failure to act on a minor site plan review.
(a) Failure to act on an approved minor site plan review within one (1) year of its effective
date will automatically invalidate such minor site plan review unless the planning director
grants an extension as set forth in subsection (b) below.
(b) Extensions of time up to a maximum of one (1) additional year may be granted from the
date of expiration of an approved minor site plan review by the planning director when
extenuating circumstances can be clearly shown by the applicant. The request for the
extension shall be submitted to the planning director in writing prior to the expiration
date and shall clearly state the reasons why the minor site plan review has not been acted
upon. In considering a request for an extension of time, the planning director may
approve, modify, add conditions, or deny the request. The planning director may not
approve an extension if such approval would be in conflict with the general plan or zoning
code.
Sec. 26-299.10. — Expiration of a minor modification.
An approved minor modification shall be valid until the expiration of the underlying precise
plan, variance, conditional use permit, or administrative use permit.
SECTION 17. Section 26-393-400 of Article VIII, Division 1 of Chapter 26 of the West
Covina Municipal Code, is amended to read as follows:
Sec. 26-393-399. Reserved.
SECTION 18. Section 26-393-400 of Article VIII, Division 2 of Chapter 26 of the West
Covina Municipal Code, is amended to read as follows:
Sec. 26-400. — Precise plan of design.
A precise plan of design pursuant to article VI, division 2 of this chapter is required
for subdivisions where a specific plan is proposed. Particular attention shall be given to
compatibility with adjacent residential and commercial zoning and uses. A precise plan must be
approved prior to any development.
SECTION 19. Section 26-401.5 of Article VI of Chapter 26 of the West Covina Municipal Code,
Maximum Unit Size, is amended to read as follows:
Section 26-401.5 - Maximum unit size.
e) Any new second -story addition, or second -story addition to an existing two-story house
shall be subject to the approval of an administrative use permit pursuant to the procedures
outlined in Article VI, Division 5 of this Chapter 26, commencing at section 26-270 and to
findings outlined in section 26-296.1300. An administrative use permit shall not be
required for a new second story addition, or second -story addition to an existing two-
story house, when the proposed house requires a conditional use permit for a large home
pursuant to section 26-401.5(d) of this chapter.
(f) Section 26-401.5(a) through (e) shall not apply to residential development within a
specific plan zone.
SECTION 20. Section 26-418 of Article VI of Chapter 26 of the West Covina Municipal Code,
Planning commission subcommittee for design, is amended to read as follows:
Section 26-418 — Planning commission subcommittee for design.
(d) Review required. No building permit shall be issued for the following types of
improvements to single-family residences prior to subcommittee review:
(1) New construction of single-family residences.
(2) Structural additions or modifications on the front elevation of a residence.
(3) New second -story additions to one-story residences.
(4) New second -story additions to two-story houses.
(5) New balconies.
(6) Accessory habitable quarters.
(7) Any modifications that is readily visible from a public right-of-way.
(e) Exception for large homes. Large homes as defined in section 26-685.2100 are subject
to a conditional use permit and therefor will not be subject to separate subcommittee
review. Planning staff will include an analysis of the subcommittee guidelines as part of
the planning commission hearing on the conditional use permit.
(f) Review authority. The subcommittee may approve, conditionally approve, forward the
project to the planning commission, or disapprove applications.
(g) Basis for approval. The subcommittee shall consider the following criteria:
(1) New development, or alterations of existing development should utilize building
materials, color schemes, roof style, and architecture that is visually harmonious
with the subject property and surrounding neighborhood.
(2) Vertical and horizontal articulation of building facades should be used to avoid
long, uninterrupted exterior walls on residences. All structures should have relief
to create an interesting blend and enhance the architecture.
(3) Roof lines should be reasonably compatible with the design and scale of
surrounding structures. Vertical and horizontal roof articulation is encouraged to
avoid long monotonous, flat sections of roof.
(4) The scale and mass of the building should relate to surrounding structures. The
height and bulk of the building should be in scale with buildings on surrounding
sites and should not visually dominate their sites or call undue attention to
themselves.
(5) The buildings should include a variety of materials and colors. Materials shall be
consistently applied and should be chosen to be harmonious with surrounding
structures. Piecemeal embellishments and inconsistent materials and architecture
should be avoided.
(h) Notice of action. The planning director shall notify the applicant of the decision of the
subcommittee within ten (10) days of the decision. The notification shall be in writing
and state the reasons for approval, conditional approval, denial or transfer to the planning
commission.
(i) Appeal. Any decision by the subcommittee may be appealed by the applicant to the
planning commission. A written appeal shall be filed with the planning director within
ten (10) days after a written decision is mailed to the applicant.
(j) Expiration. Building permits to construct improvements approved by the subcommittee
shall be issued within one (1) year of the date of approval or the approval will
automatically expire.
SECTION NO.21: That the City Clerk shall certify to .the passage of this ordinance and shall
cause the same to be published as required by law.
SECTION NO.22: This ordinance shall take effect and be in force thirty (30) days from and
after the date of its passage.
PASSED, APPROVED, AND ADOPTED on this
APPROVED AS TO FORM:
r
&� Uq " -
Ki berly HaU Barlow
City Attorney
Mike "�
Mayor
ATTEST:
ickolas S. e
City Clerk
day of April, 2018.
I, NICKOLAS S. LEWIS, City Clerk of the City of West Covina, California, do hereby certify that
the foregoing Ordinance No. 2338 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the Yd day of April, 2018. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 17d' day of April, 2018
by the following vote of the City Council:
AYES: Johnson, Toma, Warshaw, Wu, Spence
NOES: None
ABSENT: None _-
ABSTAIN: None - =
Nickdas —SiAiis
City Clerk-