Chapter 26 — ZONING[[1]]

Footnotes:

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Editor's note— Ord. No. 2519, § 5(Exh. A) adopted February 20, 2024, repealed the former chapter 26, and enacted a new chapter 26 as set out herein. The former chapter 26 pertained to similar subject matter. See Code Comparative Table for complete list of amendment history.

Editor's note— Ord. No. 2525, §§ 7—10 , adopted March 18, 2025, changed the style of the terms "Community Development Director", "City Engineer", "Planning Commission", and "City Council" to be capitalized throughout Chapter 26. Said changes were implemented throughout. Additional departments, titles, and plans were also capitalized for consistency, at the discretion of the editor.

ARTICLE I. - ENACTMENT AND APPLICABILITY DIVISION 1. - PURPOSE AND APPLICABILITY OF THE DEVELOPMENT CODE

chapter 26 of the West Covina Zoning Code shall be known and officially cited as the "Development Code of West Covina, California" and referred to in this chapter as "the Development Code."

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-2. - Purpose and objectives.

The Development Code is adopted to implement the City of West Covina General Plan and to protect and promote the health, safety and welfare of West Covina residents.

(a)

The intent of this Development Code is:

(1)

To guide the physical development of the City in such a manner as to achieve progressively the general arrangement of land uses depicted in the General Plan.

(2)

To promote the stability of existing land uses that conform with the General Plan and protect them from inharmonious influences and harmful intrusions.

(3)

To foster harmonious, convenient, workable relationship among land uses.

(4)

To respect the City's environmental setting and constraints, and meet the needs of the City for adequate public services and infrastructure.

(5)

To provide regulations for the logical subdivision of land.

(6)

To facilitate the appropriate location of community facilities and institutions.

(7)

To safeguard and improve the appearance of the City.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-3. - Applicability of the Development Code.

The Development Code applies to all land uses, structures, subdivisions, and development within the City of West Covina, as follows:

(a)

New land uses or structures, changes to land uses or structures. It shall be unlawful, and a violation of the Development Code for any persons to establish, construct, reconstruct, enlarge, alter or replace any use of land or structure, except in compliance with the requirements of chapter 26. No building permit or grading permit shall be issued by the City unless the proposed construction conforms to all applicable provisions of this Development Code.

(b)

Subdivisions. Any subdivision of land proposed within the City after the effective date of this Development Code shall be consistent with the minimum lot size requirements of the applicable zone by article II, the City's subdivision regulations set forth in article VIII, and all applicable requirements of this Development Code.

(c)

Minimum requirements. The provisions of this Development Code shall be minimum requirements for the promotion of public health, safety, and general welfare. When this Development Code provides for discretion on the part of a City official or body, that discretion may be exercised to impose more stringent

requirements than set forth in this Development Code, as may be determined by the applicable review authority to be necessary to promote orderly land use and development, environmental resource protection, and other purposes of the Development Code.

(d)

Conflicting requirements.

(1)

Development Code and Municipal Code Provisions. If a conflict occurs between the requirements of this Development Code or between this Development Code, the City of West Covina Municipal Code, other regulations of the City or California State Law, the most restrictive shall apply.

(2)

Development agreements or Specific Plans. If conflicts occur between the requirements of this Development Code and standards adopted as part of any development agreement or applicable Specific Plan, the requirements of the development agreement or Specific Plan shall apply.

(3)

Private agreements. This Development Code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development or use of structures of land than a private agreement of restriction (eg., CC&Rs), without affecting the applicability of any agreement of restriction.

(e)

Other requirements may apply. Nothing in this Development Code eliminates the need for obtaining any other permits required by the City, or any permit, approval or entitlement required by any other applicable special district or agency, and/or the regulation of any state, or federal agency.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-4. - Relationship to prior ordinances.

The provisions of this Development Code, as it existed to the effective date of Ordinance No. 1333 are repealed and superseded as provided in the ordinance enacting this article I. No provision of the Development Code shall validate or legalize any land use or structure established, constructed, or

maintained in violation of the Development Code as it existed prior to the repeal by the Development Code enacting this Development Code, except as addressed by nonconformities created by this Development Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-5. - Relationship to General Plan.

This Development Code is the primary tool used by the City to carry out the goals, objectives, and policies of the General Plan. It is intended that all provisions of this Development Code be consistent with the

General Plan and that any development, land use, or subdivision approved in compliance with these regulations will also be consistent with the General Plan.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

The provisions of this title shall not be interpreted to repeal, amend, modify, alter, or change any other code that is not specifically repealed, amended, modified, altered, or changed.

(b)

Nothing in this title shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, code, or regulation.

(c)

Whenever the provisions of this title are different from the provisions of any other ordinance or adopted code, the more restrictive provisions shall apply, except as the same may be superseded by resolution or ordinance.

(d)

The rights granted by any permit, license, or other approval under any ordinance repealed by this title shall be continued, but in the future, to the extent permitted by law, such rights shall be exercised in accordance with the provisions of this title.

(e)

The provisions of this title are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions of this title.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-7. - Severability, partial invalidation of Development Code.

If any portion of this title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this title. The City Council hereby declares that this title and each article, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof is adopted without regard to the fact that one (1) or more portions of this title may be declared invalid, unconstitutional, or unenforceable.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Secs. 26-8—26-12. - Reserved.

Sec. 26-13. - Establishment of zoning districts.

In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings and to regulate the area of yards and other open spaces about buildings and to regulate the density of population, the various zones hereinafter named and set forth in this chapter are hereby established.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-14. - Official zoning map.

The zones established by this chapter and the boundaries of such zones are shown upon a map which is made a part of this title and which is designated as the "Official Zoning Map." Such zoning map may, for convenience, be divided into parts, and each such part may, for purposes of more readily identifying areas within such zoning map, be subdivided into units, and each such part and unit may be separately used for purposes of amending the zoning map or for any official reference to the zoning map.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-15. - Uncertainty of zoning district boundaries.

If uncertainty exists as to the boundary of any zone shown on the zoning map, the following rules shall apply:

(a)

Street, alley, right-of-way or lot lines. If the indicated zone boundaries are approximately street, alley, rightof- way or lot lines, such lines shall be construed to be the boundaries; otherwise such boundaries shall be determined by use of the scale appearing on the zoning map unless specifically indicated by dimensions.

(b)

Vacated street or alley. If a street or alley is officially vacated or abandoned, the zone boundary shall be changed to include such vacated or abandoned street or alley in the same zone as the adjoining property to which it reverts.

(c)

Determination by Community Development Director. If there is uncertainty about a zone boundary, the Community Development Director or their designee shall, by written decision, determine the location of the zone boundary.

(d)

The Decision of the Community Development Director is appealable to the Planning Commission pursuant to the provisions set forth in article VI, division 1. All such final zone boundary determinations shall be recorded in writing.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-16. - Classification of annexed parcels.

Before property is annexed to the City it shall be pre-zoned to a district that is consistent with the General Plan. If a General Plan land use designation has not been placed upon the property, a General Plan amendment will be required to establish a land use designation for the property before the property can be pre-zoned and annexed to the City.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 2. - DEFINITIONS

Sec. 26-17. - General definitions. Sec. 26-18. - "A" definitions.

Accessory building or structure. A detached subordinate building, the use of which is customarily incidental to that of the main building or to the main use of the land, and which is located in the same or a less restrictive zone on the same parcel of land with the main building or use. Buildings and/or uses that are attached to the main building or primary use by a common wall less than fifty (50) percent of both structures, may be considered a separate accessory building or structure.

Accessory dwelling unit shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.

Accessory habitable quarters/guest houses. A permanently constructed habitable quarters, separate from the primary residence, and having no kitchen facilities, which is clearly subordinate or incidental to the primary residence on the same lot. The accessory habitable quarters may include only a sleeping area, living area, and bathroom within an attached or detached accessory structure and for use by guests or occupants of the primary residence. The accessory habitable quarters shall not be separately rented, leased or let (by direct or indirect compensation) or otherwise occupied separately from the primary residence. Accessory habitable quarters were historically known as guest houses. New accessory habitable quarters/guest houses are no longer allowed.

ed accessory structure and for use by guests or occupants of the primary residence. The accessory habitable quarters shall not be separately rented, leased or let (by direct or indirect compensation) or otherwise occupied separately from the primary residence. Accessory habitable quarters were historically known as guest houses. New accessory habitable quarters/guest houses are no longer allowed.

Accessory use. A use of the land or building which is clearly incidental and subordinate to the principal use of the land or building (but which does not alter the main use), both of which uses are located on the same lot and/or within the same building.

Adult cat or adult dog. Any dog cat or cat dog over four (4) months of age.

Adult day care facility means a state-licensed establishment providing care or supervision on less than a 24-hour-per-day basis for senior citizens.

Adult oriented business means adult arcades, adult bookstores, adult cabarets, adult hotels/motels, adult motion picture theaters, adult theaters, sexual encounter centers, modeling studios, and any other business or establishment which offers and/or provides to its patrons merchandise, services or entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, but not including those activities, the regulation of which are preempted or prohibited by state law. "Adult oriented business" shall also include any establishment which, on a regular basis, provides or allows performers, models, or employees to appear in any place in nonopaque clothing, covering, or lingerie or in any opaque covering which is at any time altered to become

non-opaque such that specified anatomical areas become visible. For the purposes of this section, emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas is found to be in existence in situations which include, but are not limited to, one (1) or more of the following:

(a)

One (1) of the principal purposes of the business or establishment is to operate as an adult oriented business as evidenced by the name, signage, advertising or other public promotion utilized by said establishment.

(b)

One (1) of the principal purposes of the business or establishment is to operate as an adult oriented business as demonstrated by its services, materials, products or entertainment constituting a substantial or significant portion of total business operations where such services, products or entertainment are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. As used in this division, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrases. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3d 151 (1981).

(c)

As applied in this division, no business shall be classified as an adult oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

(d)

Adult arcade means an establishment having as one (1) of its principal business purposes, for any form of consideration, one (1) or more still or motion picture projectors, or similar machines show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(e)

Adult bookstore means an establishment having as one (1) of its principal business purposes the display and/or distribution of adult merchandise, books, periodicals, magazines, photographs, drawings, sculpture, motion pictures, films, or videos, or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activity or specified anatomical areas.

(f)

Adult cabaret means a nightclub, restaurant, or similar business establishment which: (1) regularly features live entertainment as defined herein; and/or (2) which regularly features persons who display specified anatomical areas; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(g)

Adult hotel/motel means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a sixhour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.

(h)

Adult merchandise means sexually oriented implements and paraphernalia, such as, but not limited to: dildo, auto suck, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices.

(i)

Adult motion picture theater means an establishment having as one (1) of its principal business purposes, the showing of, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(j)

Adult oriented material means any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, CD-ROM, laser disk, DVD, flash drives, steaming subscriptions, or other visual representation distinguished or characterized by an emphasis upon the depiction or description of specified sexual activity or specified anatomical areas.

(k)

Adult theater means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features, as one (1) of its principal business purposes, live performances which are distinguished or characterized by an emphasis on the display of specified sexual activities or specified anatomical areas.

(l)

Business permit, adult-oriented means a permit validly issued by the City of West Covina to operate an adult oriented business.

(m)

Employee, adult-oriented means any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. "Employee" does not include a person exclusively on the premises for repair or perform maintenance of the premises or for the delivery of goods to the premises.

(n)

Establishment of an adult oriented business means:

(1)

The opening or commencement of any adult oriented business as a new business;

(2)

The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business, as defined;

(3)

The addition of any adult oriented business to any existing business or an existing adult oriented business;

(4)

The relocation of any adult oriented business;

(5)

A change in twenty-five (25) percent or more of the ownership of an existing adult oriented business.

(o)

Existing adult-oriented business means a business that has been in operation within the past six (6) months. An adult oriented business shall only be considered an existing business if it has been in operation as an adult oriented business within the past six (6) months.

(p)

Individual viewing area means any area designed for occupancy of only one (1) person at any time for the purpose of viewing live performances, pictures, movies, videos, or other presentations.

(q)

Live entertainment, adult oriented means any display or performance by a human being which is characterized by an emphasis on specified sexual activities or specified anatomical areas.

(r)

Modeling studio, adult-oriented means an establishment having as one (1) of its principal business purposes, provides, for any form of compensation, models who, for the purposes of sexual stimulation of

patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

(s)

Nudity or nude means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

(t)

Operator, adult-oriented means any person who causes an adult oriented business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated an adult oriented business whether or not that person is an owner, part owner, or permittee of the business.

(u)

Owner or manager, adult -oriented means any person who operates, owns, or otherwise has control over an adult oriented business.

(v)

Performer or adult oriented business performer means any dancer, model, entertainer, or other person who publicly performs specified sexual activities or publicly displays specified anatomical areas, or otherwise engages in performances distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(w)

Adult-oriented performer permit means a permit validly issued by the City of West Covina for a person to work as an adult oriented business performer within the City of West Covina.

(x)

Adult-oriented permittee means a person in whose name a permit to operate an adult oriented business has been issued, including the individual or individuals listed as an applicant on the application for an adult oriented business permit. In the case of a performer, it means the person in whose name the adult oriented performer permit has been issued. "Permittee" shall include the permittee's employees, agents, partners, directors, officers, shareholders or managers.

(y)

Premises, adult-oriented means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented

business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the permittee, as described in the application for a sexually oriented business permit.

(z)

Principal adult-oriented business purpose means that the establishment:

(1)

Has a substantial portion of its displayed merchandise which consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;

(2)

Has a substantial portion of the wholesale value of its displayed merchandise which consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;

(3)

Has a substantial portion of the retail value of its displayed merchandise which consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;

(4)

Derives a substantial portion of its revenues from the sale or rental, for any form of consideration of live performances, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;

(5)

Maintains a substantial section of its net floor area for the sale or rental of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas; or

(6)

Regularly features live performances, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, flash drives, steaming subscriptions, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas; and prohibits access by minors, by reason of age, to its premises, and regularly advertises, on signage visible from a public right-ofway, as providing items that the advertising describes using the term "adult," "xxx," "triple-x," "x-rated," "erotic," "sexual," or a term or terms with similar import.

(aa)

Sexual encounter center means any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purposes of engaging in specified sexual activities or exposing specified anatomical areas.

(bb)

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals; pubic region; buttock; or female breast below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(cc)

Specified sexual activities means:

(1)

The exposure, display or depiction of human genitals in a state of sexual stimulation or arousal;

(2)

Acts of sexual intercourse, human masturbation, sexual stimulation or arousal; or

(3)

Fondling or other erotic touching of one's own or another(s)' body/bodies, human genitals, pubic region, buttock, or female breast whether covered or not.

(dd)

Specified criminal activity means any of the following specified crimes:

(1)

Rape, child molestation, sexual assault, sexual battery, aggravated sexual assault, aggravated sexual battery, or public indecency;

(2)

Prostitution, keeping a place of prostitution, pimping, or pandering;

(3)

Obscenity, disseminating or displaying matter harmful to a minor, or use of child in sexual performance;

(4)

Any offense related to any sexually-oriented business, including controlled substance offenses, tax violations, racketeering, crimes involving sex, crimes involving prostitution, or crimes involving obscenity;

(5)

Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses; or

(6)

Any offense in another jurisdiction that, had the predicate act(s) been committed in California, would have constituted any of the foregoing offenses.

(ee)

Substantial means at least twenty-five (25) percent.

Advisory Agency. The Planning Commission is hereby designated as the advisory agency referred to in the Subdivision Map Act. As such, it will be charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, and having the authority to approve, conditionally approve or disapprove tentative maps of subdivisions.

Aircraft. A device that is used or intended to be used for flight in the air, including, but not limited to hang gliders, motorized hang gliders, ultralights, hot-air balloons, planes and helicopters.

Alley. A public or private right-of-way less than forty (40) feet wide which affords a means of vehicular access to the side or rear of properties abutting a street or highway.

Allowable building area. That site area not included in the required front, side or rear setbacks. See "Floor area ratio."

Amendment. A change in the wording, content or substance of this chapter, or a change in the zone boundaries upon the zoning map, a part of this chapter, when adopted by the City Council in the manner prescribed by law.

Appeal board. The City Council is hereby designated as the "appeal board" referred to in the Subdivision Map Act, with all the functions and powers thereof.

Applicant means a person who has applied for, but not obtained any license, permit, certification, or renewal.

Areas of undue concentration. A census tract (as defined by Section 23958.4 of the California Business and Professions Code.) where an undue concentration in the number of alcohol licenses exists as determined by the department of alcoholic beverage control (ABC).

Arborist. A person who is a California Certified Arborist; a person accredited by the International Society of Arboriculture in California.

Architectural extension. A tower, or other tall element that extends beyond the roof of a building for the sole purpose of serving as an architectural or aesthetic feature.

Architectural lighting. Any arrangement, other than signage, of lighting to outline or highlight certain features such as the shape of a building or the decoration of a wall or window.

Athletic club. A site containing two (2) or more indoor or outdoor facilities such as gymnasiums, racquetball courts, and swimming pools, which devotes less than ten (10) percent of its building floor area to massage or bathhouse activities (also called health spa).

Attic. The space between a pitched roof and ceiling of the highest floor of the house.

Automaker shall mean a company that manufactures cars.

Automobile wrecking. The dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.

Awning. A structure of malleable material which is designed to provide shelter and is attached to the underlying permanent structure.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-19. - "B" definitions.

Bachelor apartment. One (1) room and bath, without cooking facilities, in a multiple dwelling.

Basement. That portion of a building where perimeter walls and floor are completely below adjacent grade except for six (6) inches of wall as measured from the bottom of the sole to the bottom plate. The basement, when designed for, or occupied for business, manufacturing, or for dwelling purposes (subterranean garages exempted), shall be considered a story.

Bedroom. A bedroom is a room used for sleeping purposes that is separable from other rooms by walls with a door and/or an opening/doorway less than five (5) feet in width whether designated as a bedroom or den, study, library, bonus room, media room, or other similar term. A kitchen, hall, powder room, pantry, kitchen nook, laundry room, garage, and bathroom shall be specifically excluded, without limitations.

Billiards. Billiard and pool games shall mean any of the several games on a table (including those coinoperated), surrounded by an elastic ledge or cushions, with balls which are intended to be propelled by cues.

Billiard parlor, main use. Any place containing billiard tables not as an accessory to a main use.

Billiard parlor, accessory use. A use accessory to a main use, containing four (4) or more billiard tables and no more than ten (10) percent of the total floor area available for customer assembly and/or dining.

Block. All property fronting upon one (1) side of a street between intersecting and intercepting streets, or between a street and a right-of-way, waterway, terminus or dead-end street, or City boundary. An intercepting street shall determine only the boundary of the block on the side of the street which it intercepts.

Body piercing. The business of perforating the skin using a needle or otherwise, so as to produce a piercing on the cartilaginous part of the ear or any part of the body.

Box size. The size of a tree's container when sold, if boxed.

Building. Any structure having a roof built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind; but excluding all forms of vehicles even though immobilized. Where this chapter requires, or where special authority granted pursuant to this chapter requires, that a use shall be entirely enclosed within a building, this definition shall be qualified by adding "and enclosed on all sides."

Building, enclosed. A building enclosed on all sides.

Building coverage. The area of a lot covered by buildings or other roofed structures, including any eaves extending more than two (2) feet beyond any support structure. Permeable roof materials (e.g., lattice-work) covering two hundred (200) square feet or less will not be included in the lot coverage calculation.

Building frontage. That side of a building which contains the main entrance for pedestrian ingress and egress. If more than one (1) main entrance exists, the one that most nearly faces or is oriented to the street of highest classification as portrayed on the current master plan of streets and highways shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.

one (1) main entrance exists, the one that most nearly faces or is oriented to the street of highest classification as portrayed on the current master plan of streets and highways shall be considered the building frontage. If all streets are of the same classification, the side of the building with the smallest lineal dimension containing a main entrance shall be considered the building frontage.

Building height. The vertical distance measured from the highest point of the roof structure to the lowest adjacent finished "grade" of the same structure, but exclusive of vents, air conditioners, chimneys, or other such incidental appurtenances, and/or the necessary depth needed to accommodate subterranean parking in commercial and multiple family residential zones.

Figure 1-1 Measuring Building Height

==> picture [444 x 167] intentionally omitted <==

Building identification sign. A sign or signs which portray, through the use of words or symbols, the identifying name assigned to the building by the owner thereof.

Building line. A line running parallel to a lot line, that is the same distance from the lot line as the closest portion of a building on the site.

Figure 1-2 Building Lines

==> picture [288 x 197] intentionally omitted <==

Building site shall mean:

(a)

The ground area of one (1) lot or parcel, or

(b)

The ground area of two (2) or more lots or parcels when used in combination for a building or permitted group of buildings, together with all open spaces as required by this chapter.

Business or commerce. The purchase, sale or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings,

offices, recreational or amusement enterprises; or the maintenance and use of offices, structures and premises by professions and trades rendering services.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-20. - "C" definitions.

Cannabis shall have the same definition as that set forth in California Health and Safety Code section 11018.

(a)

Medical cannabis shall mean cannabis used for medical purposes in accordance with California Health and Safety Code section 11362.5.

(b)

Cannabis cultivation shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

Canopy structure. A sheet of flexible material, fabric or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood or plastic or any other similar material. Canopy structures may be used as tents or to provide shelter or covering for storage of automobiles, boats, recreational vehicles, or other similar uses. Canopy structures include but are not limited to, prefabricated canopies ready-made for simple assembly, and canopies which are built, constructed or composed of parts joined together in some definite manner, but excludes awnings attached to buildings and temporary coverings used to protect property during government-ordered aerial sprayings.

, boats, recreational vehicles, or other similar uses. Canopy structures include but are not limited to, prefabricated canopies ready-made for simple assembly, and canopies which are built, constructed or composed of parts joined together in some definite manner, but excludes awnings attached to buildings and temporary coverings used to protect property during government-ordered aerial sprayings.

Caliper. A The maximum diameter of the trunk of a tree measured at four-and-one-half (4.5) feet above the natural grade. In the case of multi-trunked trees, "caliper" shall mean the sum of the calipers of each individual trunk measured at four-and-one-half (4.5) feet above grade.

Car dealership shall mean a dealership selling new vehicles that has obtained permission and authority to sell vehicles as a direct agent of a major automaker.

Carport. A shelter for an automobile consisting of a roof; with or without walls, but not containing a door.

Child day care facility. A facility, licensed by the State of California, which provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-fourhour basis. Child day care facilities include day care centers, and family day care home.

Club, nonprofit. An association of persons for some common nonprofit purpose but not including groups organized primarily to render a service which is customarily carried on as a business. The serving of alcohol in conjunction with a club shall be permitted only when the use is as defined in Section 23428.9 of the California Business and Professions Code.

Commercial cannabis activity includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of: (1) cannabis and cannabis products, including medical cannabis, medical cannabis and medical cannabis products within the meaning of California Business and Professions Code Section 26000, et seq., and (2) adult-use cannabis, cannabis products and,, cannabis and cannabis products, except for personal cultivation as permitted in section 26-113.

(a)

Cannabis dispensary means a premises where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical cannabis and medical cannabis products as part of a retail sale.

(b)

Cannabis transport dispensary means any person or entity that transports or offers to transport cannabis in any vehicle or by any other means. A person who is transporting cannabis to a qualified patient for whom he or she is the primary caregiver shall not be a "cannabis transport business."

(c)

Primary caregiver, cannabis is an individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person as is further defined in California Health and Safety Code section 11362.7.

(d)

Qualified cannabis patient is a person who is entitled to the protections of the California Health and Safety Code section 11362.7, inclusive of a person with an identification card as that term is defined in California Health and Safety Code section 22362.7.

Commission. The Planning Commission of the City.

Community Development Director. The Community Development Director, or their designee.

Composting. A method of waste treatment in which organic solid wastes are biologically decomposed under controlled, aerobic or anaerobic conditions.

Computer game/internet access centers. Any place of business providing one (1) or more computers for public use for the purpose of playing computer games, accessing the internet, or other computer use as a main use or as a secondary or incidental to another use. For the purpose of the chapter, government facilities providing computers for public use shall not be considered as computer game/internet access centers.

Convalescent home. An institution where nursing, dietary and other personal services are rendered to convalescents, but excluding mental cases and cases of contagious or communicable diseases and excluding surgery or primary treatment. Convalescents are persons who are gradually recovering health after an illness; or persons requiring post-operative attention.

Coordinated entry system. A centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

Court. Any portion of the interior of a lot or building site which is wholly or partially surrounded by buildings, and which is not a required front, side or rear yard.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-21. - "D" definitions.

Dance, cabaret. Any dance or dancing held or engaged in at any place or premises licensed by the state to sell, serve or dispense intoxicating liquor for consumption in or at such place or premises.

Dance or dancing schools. The teaching of dancing in any room or building where food is not served as a normal part of its operation and the hours of operation do not extend beyond 10:00 p.m.

Day care center. Any child day care facility, licensed by the State of California, other than a family day care home, and includes infant care centers, preschools, and extended day care facilities.

Decorative block. Masonry units having significant texture, scoring and/or clay faces.

Dedication. A conveyance of land from the private to the public interest for public use pursuant to a request for approval of a final map.

Density. The number of residential units per net acre of land.

Development activity. The work done pursuant to a development proposal approved by the City.

Development application. Any application for a construction permit, precise plan of design, conditional use permit, variance, tentative subdivision map, or a similar approval for the development of property.

Division. Synonymous with the term "subdivision" as used in article VIII.

Dog-proof fence. A fence six (6) feet high of heavy gauge chain link, masonry block, or comparable weatherproof material, or a combination thereof, with a footing which is at least four (4) inches wide and twelve (12) inches deep, below grade.

Donation drop boxes. Any metal, plastic, cardboard or wooden box, bin, container, trailer, accessory structure, or similar facility located outside of an enclosed building or in a parking lot or public place, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated items, including household goods and clothing. The term "donation drop box" does not include any such box located inside of a building or structure.

Dripline. An imaginary line on the ground, at the furthest extension of the canopy around the circumference of the tree. Typically, the dripline is not a perfect circle.

Drive-through facility. Any establishment which is designed to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle, typically associated with banks, eating

and drinking establishments, pharmacies and other commercial uses.

Driveway. A paved area for access to an approved parking area or for parking of vehicles.

(a)

A "primary driveway" shall be defined as that area providing direct access from the street to a garage, carport, or required parking space(s). No driveway established prior to June 1, 1991, by permit, shall be considered nonconforming.

(b)

A "secondary driveway" shall be defined as that area providing direct access to a fully-screened side or rear yard area for the purpose of parking or storing recreational vehicles, recreational equipment and trailers, and/or utility trailers.

Dwelling. A building or portion thereof designed and used exclusively for residential purposes and occupancy, with exception of permitted home occupations, including single family, and multiple dwellings, but shall not include hotels or motels.

(a)

Dwelling unit. One (1) or more rooms in a dwelling or apartment house designed for occupancy by one (1) family or similar household unit for living or sleeping purposes, and having only one (1) kitchen.

(b)

Dwelling, single-family. A detached building designed exclusively for occupancy by one (1) family or similar household unit and containing one (1) dwelling unit.

(c)

Dwelling, multiple. A cluster of attached or detached dwelling units.

(1)

Apartment. A room or group of rooms that is designed, used or intended to be used as a single-family unit and is located in a multiple-family dwelling.

(2)

Attached townhouse. Two (2) or more single-family dwelling units connected by common walls along the sides with either shared or unshared foundations.

(3)

Condominium. The ownership of single units in a multi-unit project with common elements.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-22. - "E" definitions.

Eating place, bona fide. An eating place as defined in Section 23038 of the California Business and Professions Code.

Efficiency units. Also known as single-room occupancy (SRO) residential hotels. A facility that contains five (5) or more guestrooms containing no more than four hundred (400) square feet of habitable space.

Emergency shelters (homeless). A facility that provides immediate and short-term housing, limited to occupancy of six (6) months or less, to homeless persons or families on a first-come, first serve basis. The facility may offer minimal supplemental group services that may include counseling, food, and access to social programs. No individual or household may be denied emergency shelter because of an inability to pay (consistent with Section 50801(e) of the California Health and Safety Code).

Employee housing. Employee housing refers to housing that accommodated six (6) or fewer employees, as defined by Health and Safety Code section 17021.5.

Encroach. To extend beyond the allowed limits.

Entertainment, live (in conjunction with a commercial use). Any performance conducted in conjunction with and accessory to a commercial use including, but not limited to, live bands or performances, public singing (for karaoke, see separate definition), and similar activities.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-23. - "F" definitions.

Family. Family means one (1) or more persons, related or unrelated, living together as a single household in a dwelling unit.

Family child care home. A home, licensed by the State of California, which regularly provides care, protection and supervision of children, in the provider's own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and includes the following:

(a)

Large family child care home means a home that provides family child care for up to twelve (12) children, or for up to fourteen (14) children if certain requirements are met per state law.

(b)

Small family child care home means a home which that provides family child care for up to six (6) children, or for up to eight (8) children if certain requirements are met per state law.

Farmworker. An agricultural employee engaged in agricultural work or farming and any practices performed on a farm in conjunction with farming including the cultivation and tillage of soil, raising of animals and the preparation of agricultural products for market and or to carriers for transportation to market.

Farmworker housing. Farmworker (agricultural) housing is a residential use of one (1) or more single or multi-family dwelling units and accessory dwellings of the same type and in the same zone, and/or group quarters structures with common dining area.

Flag lot. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than twenty (20) feet in width at any point connecting the main building site area to the frontage street.

Floor area. The square footage of lot areas under solid roof within the surrounding exterior walls of a building, including, but not limited to, habitable attics, basements, lofts, enclosed patios, and sunrooms.

Floor area ratio (FAR). The total gross floor area included within the surrounding exterior walls of all buildings on a lot divided by the net lot area of the subject property. Underground and above-grade parking structures shall not be included in the FAR calculations for commercial and/or multifamily residential development. Parking structures/garages on properties developed with a single-family residential use exceeding six hundred fifty (650) square feet shall be included in the FAR calculations.

Frontage. Same definition as Building Frontage.

Front façade. One (1) or more exterior sides of a primary structure, not screened by a solid six (6) foot tall fence/wall, that face the front property line.

Fund-raising events.

(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. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-24. - "G" definitions.

Game arcade, main use. Any place of business containing one (1) or more games of skill or science not as an accessory to a main use.

Game arcade, accessory use. A use accessory to a main use, containing four (4) or more coin-operated games of skill or science.

Garage, private. An accessory building or an accessory portion of the main building designed or used only for the shelter or storage of vehicles owned or operated by the occupants of the main building, having three (3) walls, a roof and a door.

Garage, public. A building other than a private garage used for the care, repair or equipping of automobiles, or where such vehicles are kept for remuneration, hire or sale.

Garage, subterranean. A garage which is a portion of the main structure and so located that (a) all sides but the side which has the main entrance are enclosed by finished grades which are parallel to the garage ceiling and (b) the main entrance is not visible from a street.

Garbage. Every refuse accumulation of animal, fruit, vegetable or other putrescible matter that attends the preparation, consumption, decay, dealing in or storage of meats, fish, fowls, fruit, vegetables or grains. See also "solid waste."

General Plan. The official statement of the City Council of the City of West Covina which sets forth its major long- range policies concerning desirable future physical development of the City.

Grade, average. The average of the finished grade at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, the average grade shall be measured at the sidewalk.

Grade, existing. The surface of the ground as it exists prior to disturbance in preparation for a project regulated by this chapter.

Grade, finished. The manufactured surface of the ground as it exists after the completion of a project regulated by this chapter.

Grand opening event. A promotional event held for the purpose of advertising the original opening of a business, a reopening after closure, change in business name, or change in ownership, and completed within six (6) months of that opening or change.

Gross floor area. The area included within the surrounding exterior walls of a building or portion thereof, exclusive of:

(a)

Shaft enclosure.

(b)

Courts.

(c)

Floor area space devoted entirely to heavy mechanical equipment (e.g., air conditioning unit).

(d)

Public restrooms.

(e)

Janitorial equipment room.

(f)

Any other facility common to a central service core.

Group home. A group home shall mean any residential care facility for six (6) or fewer persons who are mentally disordered or otherwise handicapped or supervised. A group home must be licensed by the state under the provisions set forth in chapter 2 of division 2 of the California Health and Safety Code. Group home does not include any facility for wards of the juvenile court.

Gymnasium. A room or building equipped for physical training, sports or exercise that may include accessories such as locker rooms and showers.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-25. - "H" definitions.

Hardscape means any durable, pervious or imperious surface material, including paving for pedestrians and vehicles.

Health and beauty spas (also known as day spas). Bathhouse. A business that provides a variety of services for the purpose of improving health, beauty, and relaxation through personal care treatments such as massages, facials, body wraps, manicures/pedicures, saunas, steam rooms, or other relaxation treatments.

(a)

Esthetician mean a person trained to administer facials, advise customers on makeup and the care of skin and hair and other cosmetic and maintenance procedures.

(b)

Health officer means the county health officer or any other person exercising the duties of health officer of the City.

(c)

License, health and beauty means the license to operate a health and beauty spa as required by the Development Code.

(d)

License authority, health and beauty spa means the police chief or his/her designee charged with the administration of health and beauty spas.

(e)

Massage means any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibration, manipulating, or stimulating the external parts of the human body with the hands or with the aid of any mechanical or electrical apparatus or other appliance or device, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or similar preparations.

(f)

Massage technician means any person who administers massage to another person for any consideration whatsoever. "Massage technician" shall include masseur and masseuse.

(g)

Outcall service means the engaging in, conducting or carrying on of any massage or health and beauty spa service for consideration at a location other than a massage parlor or health and beauty spa which has been licensed pursuant to this article.

(h)

Permit, health and beauty spa means the permit to engage in the activities of a massage technician or esthetician or health and beauty spa employee as required by this article.

(i)

Recognized school of massage means any school or institution of learning which has been approved by the superintendent of public instruction of this state pursuant to Education Code Section 94300 et seq., and California Administrative Code, Title 5, Section 18823 et seq. or any successor statute or regulation. Any school or institution of learning offering or allowing courses of a massage technician not approved by the superintendent of public instruction shall not be deemed a recognized school of message.

Heritage tree. Any trees identified as such by the Planning Commission resolution upon the commission findings that the tree or group of trees:

(a)

Is of historical value because of its association with a place, building, natural feature, or an event of local, regional, or national historic significance;

(b)

Is identified on any historic or cultural resources survey as a significant feature of a landmark, historic site, or historic district;

(c)

Is representative of a significant period of the City's development; or

(d)

Is designated for protection or conservation in a Specific Plan, conditional use permit, precise plan of design, tract or parcel map or similar development approval.

Heritage tree shall also mean any of the Southern California black walnut tree species (Juglans californica), located in the San Jose Hills as found within West Covina's jurisdictional boundaries.

(a)

This definition shall not affect those Southern California black walnut trees located on R-1 and R-A lots created by any subdivision approved and recorded prior to the effective date of the ordinance enacting this subsection.

(b)

Any Southern California black walnut tree located on those O-S (Open Space) lots created under the density transfer standards outlined in section 26-59, shall further be protected under the guidelines contained in this section.

Hillside areas means those areas which form the complex of hilly topography commonly known as the San Jose Hills, and are so designated on the City's zoning map.

Home occupation. An accessory use or activity of a business nature conducted on residential property by the occupant(s) of the residence. A home occupation shall be clearly incidental and secondary to the primary residential use of the property and shall not change the residential character of said property or adversely affect the residential neighborhood within which it is located.

Hospital, animal. An establishment in which veterinary services, clipping, bathing, boarding, and other services are rendered to dogs, cats, and other animals.

Hospital and sanitarium. An institution specializing in giving clinical, temporary and emergency services of a medical or a surgical nature to injured persons and patients other than persons suffering from a mental sickness, mental disease, mental disorder or mental ailment.

Hospital, mental. An institution licensed by state agencies under provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders but not licensed to provide facilities and services in surgery, obstetrics and general medical practice. Establishments limiting services to juveniles below the age of five (5) years, and establishments housing and caring for cases of cerebral palsy are specifically excluded from this definition.

Hotel. A building where lodging in sleeping units or suites is available to the transient public and is provided with or without meals for compensation, all for the temporary use of a transient individual who remains as a guest of such establishment less than thirty (30) days, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed and detained under a legal restraint.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-26. - "I" definitions.

Indoor multi-tenant retail center and indoor swap meet. An indoor commercial area used to accommodate multiple vendors and/or multiple sales areas offering a variety of goods and/or services for sale wherein said sales areas are separated and/or distinguished from one another by means of (1) partitions, screens, walls, barriers, or similar physical devices; and/or (2) different business or sub-business names or other forms of identification as displayed on signs and/or as indicated on sales receipts.

Institution. An establishment maintained and operated by a society, corporation, individual, foundation or public agency for the purpose of providing charitable, social, educational or similar services to the public, groups, or individuals.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-27. - "J" definitions.

Junior accessory dwelling unit shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-28. - "K" definitions.

Karaoke. A use whereby a song act is performed or participated in by one (1) or more persons when accompanied by audio and/or visual devices. Karaoke entertainment shall be permitted only when in conjunction with a bona fide eating place and when conducted in the main dining area or in an accessory lounge area open to the general public.

Kennel, boarding. Any lot, building, structure, enclosure or premises whereupon or wherein are kept seven (7) or more dogs, cats, or similar small animals in any combination, whether such keeping is for pleasure, profit, breeding, or exhibiting, and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale, or kept for hire.

Kennel, hobby. The owning, keeping or harboring for show or breeding purposes of four (4) or more adult dogs or five (5) or more adult cats maintained on the same lot and incidental to the occupancy of the lot for residential purposes, but shall exclude boarding kennels.

Kiosk. A small structure with one (1) or more open sides that is used to vend or sale merchandise or other services.

Kitchen. Any room or any portion of a dwelling unit, guest house or accessory living quarter used, intended or designed to be used for cooking and/or preparing food, including but not limited to counter space, sink(s), microwave ovens, hot plates, refrigeration, and/or wet bars.

Kitchen, efficiency. Limited kitchen facilities which contains a sink, food preparation counter, food storage cabinet, and electric circuitry for common kitchen appliances.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-29. - "L" definitions.

Landfill. A facility located within California that is permitted by CalRecycle to accept and bury solid waste from jurisdictions within and outside of California.

Landscape means an area planted with vegetative materials, such as lawns, shrubs, flowers, trees, drought tolerant groundcover, or plants.

Landscape/vegetation, live means plant matter, including trees, shrubs and ground cover.

Legislative body. The City Council is hereby designated as the legislative body referred to in the Subdivision Map Act. As such, it will be charged with approval or disapproval of final and parcel maps.

Lot as used in this chapter does not mean or include a condominium, but does include:

(a)

A parcel of real property when shown as a delineated parcel of land with a number or other designation on a plat recorded in the office of the county recorder; or

(b)

A parcel of land, the dimensions or boundaries of which are defined by a record of survey recorded pursuant to the provisions of the subdivision map act of the state in the office of the county recorder;

(c)

A parcel of real property not delineated as in (a) or (b) above and containing not less than the prescribed minimum square footage required in the zone in which it is located and which abuts at least one (1) public street, an alley or a private easement determined by the commission to be adequate for purposes of access from a street, and provided further that before building improvements are erected upon such a lot or parcel the private easement right-of-way shall be improved to a standard not less than that defined by the City's specifications for a local street;

(d)

A parcel of land registered under the Land Title Law (Torrens Title), and held under separate ownership from adjacent property on the effective date of this chapter.

Lot area or parcel area. The total horizontal area within the boundary lines of a lot or parcel.

Lot area, net. The lot/parcel area, excluding any public or private access easements such as an alley, highway, street, parkway, or similar right-of-way, or a private driveway serving another property, excluding the flag-strip portion of any lot necessary for vehicle ingress/egress access, and excluding above-ground easements for paved flood control channels not available for use by the property owner.

Lot, corner. A lot situated at the intersection of two (2) or more streets, which streets have an angle of intersection of not more than one hundred thirty-five (135) degrees.

Lot depth. The horizontal length of a straight line drawn from the midpoint of the front lot line and at right angles to such line connecting with a line intersecting the midpoint of the rear lot line and parallel to the front lot line. In the case of a lot having a curved front line the front lot line, for purposes of this section,

shall be deemed to be a line tangent to the curve and parallel to a straight line connecting the points of intersection of the side lot lines of the lot with the front lot line.

Lot, flag. A lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than twenty (20) feet in width at any point connecting the main building site area to the frontage street.

Lot, hairpin. A lot having frontage on a single street comprising more than fifty (50) percent of the total perimeter of the lot.

Lot, interior. A lot other than a corner lot, reversed corner lot, hairpin lot, or through lot with a frontage on only one (1) street.

Lot, key. The first lot to the rear of a reversed corner lot and whether or not separated by an alley.

Lot line, front. In the case of an interior lot, a line separating the lot from the street. In the case of a corner lot, the line separating the narrowest street frontage of the lot from the street.

Lot line, rear. A lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two (2) or more lines, the following shall apply:

(a)

For a triangular or irregular lot, a line ten (10) feet in length within the lot and farthest removed from the front lot line and at right angles to the line comprising the depth of such lot shall be used as the rear lot line;

(b)

In the case of a trapezoidal lot the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the line comprising the depth of such lot and drawn through a point bisecting the recorded rear lot line; or

(c)

In the case of a pentagonal lot the rear boundary of which includes an angle formed by two (2) lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot.

Lot line, side. Any lot boundary line not a front lot line or a rear lot line.

Lot, reversed corner. A corner lot, where the rear of such corner lot abuts the side of another corner lot.

Lot, through. A lot having frontage on two (2) parallel or approximately parallel streets.

Figure 1-3 Lots

==> picture [444 x 185] intentionally omitted <==

Lot width, average. The width of the lot as measured from a line drawn perpendicular to a line connecting the midpoints of the front and rear property lines and intersecting the line at a point located one-third (⅓) the length of the line from the front property line.

Low-and moderate-income and senior citizen housing.

(a)

Affordable housing costs. Monthly housing expenses expressed as a proportion of gross monthly income that can be reasonably allocated for this purpose. Housing costs for rental dwelling units shall include (1) monthly rent, and (2) a reasonable allowance for utilities. Housing costs for "for-sale" dwelling units shall include the sum of the actual or projected monthly payments for (1) principal and interest on a mortgage

loan, including any loan insurance fees, (2) property taxes and assessments, (3) fire and casualty insurance, (4) property maintenance and repairs, (5) homeowners association fees (if any), and (6) a reasonable allowance for utilities. For households of the following income levels, affordable housing costs shall not exceed the following limits:

(1)

Very low income households: Thirty (30) percent of fifty (50) percent of the area median income for Los Angeles County, adjusted for household size, divided by twelve (12).

(2)

Lower-income households: Thirty (30) percent of seventy (70) percent of the area median income for Los Angeles County, adjusted for household size, divided by twelve (12).

(3)

Moderate-income households: Thirty-five (35) percent of one hundred ten (110) percent of the area median income for Los Angeles County, divided by twelve (12).

(b)

Affordable sales price. A sales price at which very low income and lower-income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the housing development.

(c)

Affordable unit. A dwelling unit within a residential development which will be reserved for sale or rent to very low, low, or moderate-income households at an affordable sales price or affordable rents in a manner to qualify the residential development for a density bonus under this chapter.

(d)

Area median income. Area median income for Los Angeles County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.

(e)

Common interest development. Housing that qualifies as a common interest development under Civil Code Section 1551, such as condominiums and housing cooperatives, provided that all units in the development are offered to the public for purchase.

(f)

Concession, incentive or waiver means one of the following for a housing development with a density bonus:

(1)

A concession is a modification or deviation from a development standards (setbacks, lot coverage, open space and/or objective development standard in the Objective Development Standards document. The number of concessions granted for a development shall be subject to California Government Code Section 65915, as amended.

(2)

A waiver is a modification for only objective development standards that results in an identifiable, financial sufficient and actual cost reduction of the housing development. A waiver cannot be requested for a codified development standard. Only waivers from objective development standards may be permitted.

(3)

Other regulatory incentives or concessions proposed by the developer or the City that result in an identifiable, financially sufficient and actual cost reduction of the housing development.

(g)

Density bonus. A density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the City, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density, as defined in Government Code Section 65915(f).

(h)

Density bonus housing agreement. A legally binding agreement between a developer and the City of West Covina and/or the City of West Covina redevelopment agency to ensure that the requirements of this division are satisfied. The agreement, among other things, shall establish (1) the number, size, and location of target units, (2) terms and conditions of affordability, and (3) production schedule.

(i)

Density bonus units. Units that are built due to a grant of a density bonus and which exceed the otherwise maximum allowable residential density for the development site.

(j)

Eligible household. A household that satisfies the size and income requirements applicable to an affordable unit.

(k)

Eligible housing development. A development project for five (5) or more residential units; a project to substantially rehabilitate and convert an existing commercial building to residential use; or the substantial rehabilitation of an existing multifamily dwelling as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would create a net increase in residential units.

(l)

Lower-income household. Households whose income does not exceed the lower-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

(m)

Incentives, additional. Incentives granted in addition to the incentives required to be granted pursuant to Government Code Section 65915(b).

(n)

Mandating operating period. A period of at least thirty (30) years during which the affordable units, the qualified childcare facility, or the senior citizen housing development is operated in accordance with the requirements of state law and this chapter.

(o)

Moderate income household. Households whose income does exceed the moderate income limits applicable to the Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

(p)

Senior citizen housing development. A housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act (42 U.S.C. § 3607(b)) and implementing regulations and as that phrase is used in California Civil Code Sections 51.2 and 51.3.

(q)

Specific adverse impact. A "specific adverse impact" as defined in Government Code Section 65589.5.

(r)

State law. California Government Code Sections 65915 through 65918.

(s)

Substantial rehabilitation. The rehabilitation of dwelling units including correction of code violations, title 24 upgrades, seismic rehabilitation (where appropriate) and accessibility upgrades such that the units is returned to the City's housing supply as decent, safe and sanitary housing. The minimum cost threshold for substantial rehabilitation is forty thousand dollars ($40,000.00) per unit, which shall be adjusted each calendar year, beginning in 2014, to account for the cumulative change in the Consumer Price Index published for Los Angeles County, or if such index is no longer published, such equivalent index as shall be selected by the Planning Community Development Director.

(t)

Target units. Those dwelling units within a housing development that are produced in exchange for a density bonus and/or other incentives, including dwelling units that will be reserved for sale or rent to very low income households, lower-income households, and/or qualifying residents pursuant to the terms of a density bonus housing agreement.

(u)

Very low income households. Households whose income does not exceed the very low income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.

Low barrier navigation center. A Housing First, low barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-30. - "M" definitions.

Major hotel or major motel. A hotel or motel 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.

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.

Manufactured home shall mean a residential building or dwelling unit which is either wholly manufactured or is in substantial part manufactured at an off-site manufacturing facility for installation and/or assembly at the building site, bearing a label that the structure was constructed in compliance with the National Manufactured Home Construction and Safety Standards.

Maps:

(a)

Final map. Refers to the land division map creating five (5) or more lots submitted to the City Council for final approval and to the City Engineer for compliance with all applicable regulations of this chapter and of the Subdivision Map Act. Such map shall substantially conform to the tentative map approved by the Planning Commission. Subsequent to approval by the City Council, the map shall be recorded with the county recorder.

(b)

Parcel map. Refers to the land division map creating four (4) or less lots or as required by the Subdivision Map Act and subject to Administrative Review for final approval and to the City Engineer for compliance with all applicable regulations of this chapter and of the Subdivision Map Act. Subsequent to approval, the map shall be recorded with the county recorder.

(c)

Tentative map. A map made for the purpose of showing the design and improvements of a proposed subdivision and the existing conditions in and around it.

Master plan of streets. The plan as adopted and amended by the City Council indicating the width and alignment of existing and proposed principal arterial, minor arterial and collector streets.

Materials recovery facility or MRF. A permitted recycling facility that receives recyclable material, including, but not limited to, any covered material, for mechanical or manual sorting into specification-grade commodities for sale to a broker or end market.

Medical services, clinic/office. A facility other than a hospital primarily focused on the care of outpatients where individuals receive medical, dental, mental health, surgery and/or other personal health care services from a state-licensed healthcare professional.

Membrane structure. A sheet of flexible material, fabric, or membrane such as nylon, plastic, or other similar material that is supported by or attached to a frame having a location on the ground and made of fiberglass, metal, wood, or plastic or any other similar material. Membrane structures may be used as tents or to provide shelter or covering for storage of automobiles, boats, recreational vehicles, or other similar uses. Membrane structures include but are not limited to, prefabricated canopies ready-made for simple assembly, and canopies which are built, constructed, or composed of parts joined together in some definite

manner, but excludes awnings attached to buildings and temporary coverings used to protect property during government-ordered aerial sprayings.

Miniature pot-bellied pig. A pig or hog and commonly referred to as a pygmy pig or mini pig, which stands no higher than twenty (20) inches at the shoulder, and is no longer than forty (40) inches from the tip of the snout to the end of the buttocks, and weighs no more than one hundred twenty (120) pounds.

Mobile food vendor. Mobile food vendor shall mean any person or entity operating a vehicle, trailer, cart, wagon bicycle, dray, conveyance, or structure on wheels, not firmly fixed to a permanent foundation and which is required to be registered with the California Department of Motor Vehicles, that offers the sale of food or beverages. This does not include food caterers providing services for private events and ice cream trucks selling exclusively ice cream products from a motor vehicle.

Mobile home shall mean a structure (including manufactures homes) used as semi-permanent housing and designed for human habitation, with or without a permanent foundation and can be transported by motor vehicle. Mobile homes shall be considered structures when such mobile homes are parked in a mobile home park.

Mobile home park. Any area used to accommodate one (1) or more mobile homes.

Mobile home marketing complex. A sales complex consisting of not more than ten (10) models, a sales office, a children's play area, landscaping and off-street parking designed and used only for the marketing of dwellings or lots within a subdivision or within a planned residential development overlay zone or in a planned community development zone.

Motel. A group of attached buildings containing individual sleeping units or suites available to the transient public for compensation where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients where such an individual remains as a guest of the establishment less than thirty (30) days; and such words of this definition shall include motor lodges.

Multi-family, definitions pertaining to article II, division 1.

(a)

Common areas shall mean the entire condominium project excepting all units therein granted or reserved to individual ownership.

(b)

CC&R's shall mean conditions, covenants, and restrictions of any condominium project, community apartment house or any other planned development.

(c)

Condominium:

(1)

Condominium shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in a space in a residential building on such property.

(2)

Stock cooperative. A "stock cooperative" is a corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.

(3)

Community apartment. An apartment in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.

(d)

Condominium project shall mean either of the following:

(1)

The entire parcel of real property divided, or to be divided, into condominiums, including all structures thereon.

(2)

The entire parcel of real property converted or to be converted into condominiums, as defined in section (c) above.

(e)

Unit, condominium means either of the following:

(1)

The element of a condominium project which is not owned in common with the owners of other condominiums in the project.

(2)

Dwelling unit of a condominium project defined in section (d) above.

Multi-trunked tree. A tree with a division of its trunk at less than four-and-one-half (4.5) feet above natural grade.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-31. - "N" definitions.

New structure. Any building or structure built where no existing buildings are present, or any construction involving the alteration, addition, remodeling, repairing, or renovation of an existing building when fifty (50) percent or more of the exterior wall and roof structures are removed/demolished.

Nonconforming building. A building, or portion thereof, which was lawfully erected or altered and maintained, but which, because of the application of this chapter to it, no longer conforms to the development standards of the zone in which it is located.

Non-conforming use. A use which was lawfully established and maintained but which, because of the application of this chapter to it, no longer conforms to the use regulations of the zone in which it is located.

(a)

Illegal non-conforming status. A use, structure, site feature, or parcel shall be designated as having illegal non-conforming status if it was not lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment or has not continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter.

(b)

Legal non-conforming status. A use, structure, or site feature shall be designated as having legal nonconforming status if it was lawfully established under the regulations of the jurisdiction in which it was located at the time of its establishment and has continuously remained in compliance with all terms and conditions imposed upon the use, structure, or site feature upon its establishment or imposed upon it any time thereafter, based on evidence provided by the property owner, tenant, or applicant. Legal nonconforming status shall also be assigned if non-conformities were created by a public improvement, such as a street widening project.

Noncommercial purpose. The purpose of any nonprofit organization which has obtained recognized state or federal tax-exempt status.

Nonprofit organization means an organization as defined in section 113841 of the California Health and Safety Code

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 11, 3-18-25)

Sec. 26-32. - "O" definitions.

Open Space, as used in section article II, division 1, and article II, division 3, means land areas which are not occupied by buildings, structures, streets, or alleys excepting other special landscaped areas of recreationally oriented uses.

(a)

Common open space (usable, maximum twenty (20) percent grade). Open space which is suitably located and improved for common recreational purposes.

(b)

Private open space (usable, maximum twenty (20) percent grade). Open space which is designed and maintained for the sole and exclusive use of the occupants of not more than one (1) dwelling and may include covered patio areas.

Open space land. Any parcel or area of land or water which is primarily unimproved and devoted to an open space use, 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.

Organization. Any partnership, corporation, or association, including any firm, company, society, congregation, assembly, or league, and shall include any director, officer, trustee, receiver, assignee, agent, or other similar representative.

Outdoor display. A display of a business' goods or services, placed outside the building.

Outside display. The storage of goods, equipment, merchandise, or exhibit outside of a building for any purpose other than outside display.

Outside storage. The storage of goods, equipment, or materials outside of a building for any purpose other than outside display.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-33. - "P" definitions.

Parapet. The extension of an exterior building wall above the roof structure.

Parcel. A legally divided plot of land. In the context of this chapter, "parcel" will be interchangeable with the word "lot."

Parties of interest. Any corporation or entity owning or controlling in fee or by easement land within the subdivision; any person, corporation or entity making application for the subdivision; any person, corporation or entity having a beneficiary interest in the subdivision, including lenders and mortgage holders.

Passageway shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.

Patio, covered means any attached or freestanding solid or lattice cover open on at least three (3) sides.

Patio, enclosed means any attached or freestanding patio that is enclosed by walls on all sides.

Permanent make-up. The business of inserting pigment under the surface of the skin in the facial area by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. The application of permanent make-up is intended to principally consist of, but not necessarily limited to, the application of permanent eyeliner, eyebrows, lip liner, lip color, and beauty marks.

Pet store. Every person, place or premises engaging in the business of selling dogs, at retail, and by virtue of the sales of dogs is required to possess a permit pursuant to Section 6066 of the Revenue and Taxation Code, as defined in California Health and Safety Code Section 122125.

(a)

License authority means the agency charged with the administration of this article.

(b)

Permit means the permit to engage in the activities of a pet store as required by this article.

(c)

Person means any individual, partnership, corporation or association.

Planter. An area devoted to vegetation and closely bounded by paving, building walls, garden walls, or other edge features.

Plot plan. A site plan showing construction or other improvements and the location of existing structures and construction on the site or plot.

Pool bathroom or detached bathroom. A bathroom that is detached and incidental to the house for the purpose of use by individuals outside the house and having only an exterior entrance to access the

bathroom.

Porte cochere. A porch roof projecting over a driveway at the entrance to a building and sheltering those getting in or out of vehicles.

Porch means a roofed approach to a doorway extending from the exterior wall of the structure that has a floor, a roof, and structural supports but is not permanently, seasonally, or temporarily enclosed with solid materials.

Precise street plan. The plan indicating the exact width, grades and alignment of proposed streets as approved by the City Engineer.

Proprietor. A person with an ownership or managerial interest in a business. An ownership interest is deemed to exist when a person has a ten (10) percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest is deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business.

Public tree. Any tree planted in or upon any street, park, parkway, or public area in the City.

Public transit shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-34. - "Q" definitions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-35. - "R" definitions.

Recreation equipment includes:

(a)

A commercial coach, mobile home, recreational vehicle or travel trailer, as defined in the California Health and Safety Code, division 13, chapter 1, Part 2, Section 18000, et seq. This definition excludes pickups with shells that do not extend above the height of the cab, and vehicles not over six (6) feet high and fourteen (14) feet long.

(b)

A mobile home, camp trailer, house car, trailer coach, camper, trailer, or utility trailer as defined in the California Vehicle Code, division 1, Sections 100, et seq.

(c)

A boat, defined as a vessel or any other description of watercraft used, or capable of being used, as a means of transportation on water.

(d)

A boat trailer, defined as a vehicle used to transport a boat.

(e)

Any other vehicle or structure originally designed, or permanently altered in such a manner to permit occupancy or use for living or sleeping purposes. The vehicle or structure may be designed or equipped with wheels, or be capable of being mounted on wheels and used as a conveyance on roadways used by the public; it may be propelled or drawn by its own or other motive power.

Recreation vehicle shall mean a vehicle which is:

(a)

Built on a single chassis;

(b)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(c)

Designed to be self-propelled or permanently towable by a light duty truck; and

(d)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Recreational center (private). Any use, on a site or enclosed in a building, that is operated by private enterprise and open to the public to provide recreation services or facilities, such as but not limited to tennis, racquetball, skateboard courses, and is not listed separately in article II as a use allowed by right or with a conditional use permit, such as billiard parlors, bowling alleys, dance halls, game arcades, golf courses, gymnasiums, race tracks, skating rinks, slot cars, and theaters.

Recyclable material. 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 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. 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.

Religious facility. Includes, but is not limited to, any building, structure, or place intended to be used primarily or exclusively by a religious body or organization for religious uses, including but not limited to: worship, religious meetings, study of religious texts, spiritual retreats, religious counseling, or other purposes connected with the body or organization's formal or informal system of beliefs and faith.

Rest home. A facility in which nursing, dietary and other personal services are furnished to invalids and aged persons; but in which are kept no persons suffering from a mental sickness, mental disease, mental disorder or mental ailment or from a contagious or communicable disease, and in which are performed no surgical or other primary treatments such as are customarily provided in sanitariums or hospitals or in which no person are kept or served who normally would be admittable to a mental hospital.

Retail uses. A use wherein goods or articles are sold directly to the consumer.

Rooming house. A residence or dwelling, other than a hotel, motel, or rest home, wherein either three (3) or more rooms are rented, or housing is provided to three (3) or more individuals, under three (3) or more separate written or oral rental agreements, lodger agreements, leases or subleases or combination thereof, regardless of whether the owner, agent or rental manager resides within the residence.

Rubbish. Discarded bottles, cans, jars, scrap metals, paper, wood, glass, crockery, rags, garden and lawn trimmings, and other normal refuse except garbage.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-36. - "S" definitions.

Sanitarium. See "hospital."

Screening. Blocking of a potentially disruptive object from sensitive surroundings or blocking of a disruptive object from a potentially sensitive object.

Schools, charter, elementary, junior high and high. Institutions of learning which offer instruction in the several branches of learning and study required to be taught in the public schools by the education code of the state.

Second-hand store. A business involved in the retail sale of used goods and merchandise, whereby the sale of such used goods and merchandise comprise twenty-five (25) percent or more of total monthly sales volume. This definition does not include pawn shops.

Senior citizen housing. Projects designed only for senior citizen (age fifty-five (55) or older) and handicapped housing.

Service station. A use where one (1) of the primary functions is the retail sale of motor fuel for motor vehicles. In addition, a service station may offer and consist of minor sales, services, and facilities. See section 26-129 of this chapter for permitted and prohibited sales, services, and facilities.

Setback. A portion of the lot required to remain free of construction and/or any structure.

Setback line, corner lot street side. A line which is the minimum required horizontal distance between the side street lot line and a line parallel thereto on the lot.

Setback line, required front. A line which is the minimum required horizontal distance between the front lot line and a line parallel thereto on the lot.

Setback line, required rear. A line which is the minimum required horizontal distance between the rear lot line and a line parallel thereto on the lot.

Setback line, required side interior. A line which is the minimum required horizontal distance between the interior side lot line and a line parallel thereto on the lot.

Short term rental. A rental of any dwelling, in whole or in part, to any person(s) suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than thirty (30) consecutive days, in exchange for a charge for the occupancy.

Sign shop. A commercial space dedicated to the production of identification, advertising, and other signs (including banners). Sign shops are considered retail/service uses unless they include operations producing noise, dust, smoke, odor, or other irritants, such as but not limited to metal working, screen printing, casting, glass-working, outdoor storage of materials, or other industrial processes incompatible with a retail or mixed-use district. Such a business shall be classified as a "sign shop, industrial."

Significant tree. A tree located on private and/or public property that meets one (1) or more of the following requirements:

(a)

is located in the front yard of a lot or parcel and has a caliper of one (1) foot or more;

(b)

is located in the street-side yard of a corner lot and has a caliper of one (1) foot or more;

(c)

is located anywhere on a lot, has a caliper of six (6) inches, or more, and is one of the following species:

Signs.

(a)

A-Frame sign. A temporary freestanding sign, usually hinged at the top, or attached in a similar fashion, and widening at the bottom to form a shape similar to the letter "A."

(b)

Advertising sign. A sign that identifies one (1) or more uses, products, or a service obtainable on the premises through the use of words, letters, symbols, or combination thereof.

(c)

Awning sign. A non-electric sign printed on, painted on, or attached to a cloth awning. The awning structure itself shall be subject to building setbacks. Awning signs, for the purposes of the regulations of this article, shall be treated as wall signs.

(d)

Balloon display. An arrangement of one (1) or more balloons, with or without any message thereon, which are individually less than thirty-six (36) inches in any dimension and inflated with air, helium, or gas, that are tethered at a fixed location and are primarily intended to draw attention to that location. Balloon displays shall not include balloons arranged in a manner that cumulatively spell out a word.

(e)

Banner. A sign made of cloth, heavy duty plastic, or similar lightweight, flexible material (except paper), attached to or suspended from any structure, building, staff, pole, line, framing, or other projection, and used for temporary advertising purposes, not including "flags."

(f)

Canopy sign, building. A sign, placed on a vertical plane, affixed flat against the fascia of a permanent covering that projects from the building (building canopy), and that does not extend above or below the edges of such fascia. As used in this definition, canopy shall not include awnings and other canopy covers made of cloth, metal, and other materials, which are not an integral part of the building. Building canopy signs, for the purposes of the regulations of this article, shall be treated as wall signs.

(g)

Canopy sign, cloth. A non-electrical sign printed on, painted on, or attached to a cloth canopy. The canopy structure itself shall be subject to building setbacks. Cloth canopy signs, for the purposes of the regulations of this article, shall be treated as wall signs.

(h)

Commercial sign. Any sign that does not meet the definition of a noncommercial sign, including, but not limited to, signs on commercial sites.

(i)

Detached signs. A free-standing sign that is not attached to a building. Detached signs include monument signs, pylon signs, and pole signs.

(j)

Directional sign. A sign intended for the purpose of directing pedestrians and/or motorists.

(k)

Double-faced sign. A sign with two (2) faces, with each face oriented one hundred eighty (180) degrees from the other.

(l)

Flag. Any fabric or bunting containing distinctive colors, patterns, symbols, or logos of a government agency, political subdivision, corporation, church, or other entity.

(m)

Hand-held sign. A commercial sign held by a person or persons in a manner to attract attention to an area, development, business, or service.

(n)

Hanging sign. A sign that is attached to, but hangs or projects below the underside of an awning, canopy, arcade, eave, overhang, or other covering that projects outward from the face of a building.

(o)

Sign height. The vertical distance from the ground (measured from the adjacent street curb elevation) to the top of the highest element of a sign, including any structural element. Where specified, however, height may also mean the vertical dimension of the sign area or sign face.

(p)

Identification sign. A sign that portrays, through the use of words, letters, logos, or symbols, the name and/or type of business conducted on the premises, or any product or service obtainable on the premises.

(q)

Information sign. A sign that provides information related to a use, product, event, business, or activity on the premises and that is not displayed for the purpose of advertising products or services. Information signs include signs indicating the location of business facilities (e.g. entrances, walk-up windows, selfservice operations), and operational information (e.g. hours of operation, menus, credit card logos, restroom labels).

(r)

Inflatable sign. An inflated balloon, in any shape or in the form of any character or animal, and over thirtysix (36) inches in diameter in any dimension, made of vinyl, fabric, cloth, or other similar, lightweight, flexible material, held up by means of cold air, and primarily intended to draw attention to that location.

(s)

Logo. A word, letter, symbol, design, or other graphic representation, separate from the sign text that identifies a business, activity, product, or company. A logo is considered a sign or part of a sign.

(t)

Menu board sign. A sign on the site of a drive-through restaurant, either detached or attached to the building, displaying the type and price of food and beverages sold in connection with and oriented towards the drive- through lane.

(u)

Monument sign. A detached sign with a wide base.

(v)

Moving sign. A sign that moves or creates an appearance of movement, flashing, blinking, reflecting, revolving, or any other similar sign constructed or maintained to, in any way, simulate motion.

(w)

Nameplate. A sign that contains only the name and/or address of the occupants of the building or portion thereof.

(x)

Neon lighting and sign. Any electric gas tube lighting and any sign containing argon, neon, krypton, helium, or xenon.

(y)

Noncommercial sign. A sign not connected with a commercial business or activity.

(z)

On-site sign. A sign that identifies, informs, or advertises a use, product, activity, event, business message, or service located or provided at the site upon which the sign is located. On-site signs may include noncommercial signs.

(aa)

Off-site sign. A sign that identifies, informs, or advertises a use, product, activity, event, business message, or service not located or provided at the site upon which the sign is located, including, but not limited to, billboards and noncommercial signs.

(bb)

Pageantry sign. A type of signage that is intended to be elaborate and ceremonious. Examples include banners, kiosks, and similar signage used for advertising (on- or off-site), decorative purposes, or to announce festivals and other special events.

(cc)

Pennant. Any lightweight plastic, paper, fabric, or other similar, flexible material, suspended from or attached to a rope, wire, string, or pole, usually in a series, designed to move in the wind.

(dd)

Pole sign. A detached sign, other than a monument sign, affixed to the ground by a single support structure.

(ee)

Political sign. A sign that contains a political message such as a message supporting a candidate for public office, a political party, or a position on a particular political or ideological issue. Political signs shall be considered as temporary noncommercial signs.

(ff)

Portable sign. A temporary sign which is not permanently affixed to a building, structure, or on the ground, and is capable of being carried or readily moved from one (1) location to another. This may include, but is not limited to, "A" frame or sandwich signs, or a sign which leans on a stationary object, building, or structure. Portable signs shall not include banners, pennants, flags, inflatable signs, vehicle signs, and hand held signs, which are defined separately.

(gg)

Primary frontage. The side of a building where the main entrance for its pedestrian ingress and egress is located. If more than one (1) main entrance exists, the entrance that most nearly faces or is oriented toward the street of highest classification as portrayed on the current master plan of streets and highways shall be considered the primary frontage. If all streets are of the same classification, the side of the building with the shortest lineal dimension containing a main entrance shall be considered the primary frontage.

(hh)

Projecting sign. A sign that projects from and is supported by a wall or building with the display surface of the sign at or near a ninety (90) degree angle to the building facade. Projecting signs are separate from "hanging signs" that are attached to the underside of a covering that projects from the building.

(ii)

Promotional sign. A sign, in addition to permanent signage, placed on a temporary basis and used to promote a special event or product available at the site on which the sign is located.

(jj)

Pylon sign. A detached sign affixed to the ground by two (2) supports.

(kk)

Readerboard sign. A sign designed to allow the changing of copy through manual, mechanical, or electrical means.

(ll)

Roof sign. A sign attached to a building that is characterized by one (1) or more of the following:

(1)

Sign is placed atop, or projects above the top edge of, a roof, mansard roof, canopy, or a similar structure not at a vertical plane; or

(2)

Sign is placed atop, or projects above the top edge of, a parapet wall, canopy fascia, or a similar structure at or near a vertical plane, or

(3)

Sign is placed on a tower or similar wall structure that extends above the top of the roof or parapet wall of a building.

(mm)

Sign. A device or structure for visual communication which shall include any announcement, declaration, demonstration, display, illustration, or insignia visible from outside, which is used to identify, inform, or promote the interests of any person, business, or organization.

(nn)

Sign area. The entire area within straight lines that form up to a maximum of two (2) rectangles outlining the extremities of the element (including panel, placard, cabinet) upon which the sign is placed. Where no such element exists (for example, individual channel letter signs mounted on a building), sign area shall mean the entire area within two (2) rectangles and outline each individual character or symbol. Support structure shall not be included in this area unless such support structures are designed in such a manner as to form an integral part of the sign or display.

(oo)

Sign face or surface. The surface of the sign upon, against, or through which the copy is displayed or illustrated on the sign.

(pp)

Sign copy. The words, letters, logos, or symbols displayed on a sign.

(qq)

Sign program. Comprehensive design standards and/or sign criteria for particular sites that signs are subject to, in addition to sign regulations contained in this Development Code.

(rr)

Single-faced sign. A sign with one (1) face.

(ss)

Temporary noncommercial sign. A sign, constructed of cloth, banner, canvas, light fabric, cardboard, wallboard, plywood, or other material, with or without frames, which is erected for a limited period of time to convey a noncommercial message, including signs regarding time specific events, such as elections. Temporary noncommercial signs shall include political signs.

(tt)

Tenant directory sign. A sign listing two (2) or more tenants or occupants of a building, complex, or shopping center.

(uu)

Trademark. A sign permanently or temporarily attached or placed on a vehicle or trailer, as defined by the California Vehicle Code.

(vv)

Wall sign. A sign affixed flat against a building wall at a vertical plane that does not project above top edge of a parapet wall, and that does not extend above or below the edges of the building wall fascia. Building canopy signs, cloth canopy signs, and awning signs shall, for the purposes of this article, be treated as wall signs.

(ww)

Window sign. A sign that is applied or attached to a window or located within two and one-half (2.5) feet of the inside of a window.

Single apartment. One (1) room and bath, with cooking facilities in a multiple dwelling.

Small collection facility, as distinguished from a MRF. 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.

(a)

Small collection facilities centers are further defined to include, but are not limited to, these following specific types:

(1)

Buy back recycling center. 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. 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). 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.

(4)

Bulk reverse vending machines. 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.

Small residential rooftop solar energy system shall mean all of the following:

(a)

A solar energy system that is not larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

(b)

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City of West Covina and all State of California health and safety standards.

(c)

A solar energy system that is installed on one- and two-family homes of R3 occupancy as defined by the California Building Code.

(d)

A solar panel or module array that does not exceed the maximum legal building height as defined by the City of West Covina.

Solar energy systems shall mean either of the following:

(a)

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water

heating.

(b)

Any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating.

Solicit and commercial [solicitations]. The request, directly or indirectly, for the purpose of selling, or taking orders for any goods, wares or merchandise for future delivery and shall include traveling, or going from door-to-door of residential dwellings, in any public street or sidewalk, or in any public place or building. A solicitation shall be complete when the request is made, whether or not the person being solicited makes a purchase or places an order.

Solid waste. All putrescible and non-putrescible 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.

d 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. 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. The segregation, by the generator, of materials designated for separate collection for some form of materials recovery or special handling.

Special group residence. Special group residence includes, but is not limited to, fraternity and sorority houses, college dormitories, residential care facilities (for seven (7) or more persons), convalescent hospitals, housing for persons with disabilities, halfway houses, communal housing, and military barracks. Special group residence does not include group homes as defined by this Development Code.

Stable, private. A detached accessory building in which horses owned by the occupants of the premises are kept, and in which no horses are kept for hire or sale.

Stable, public. A stable other than a private stable.

Stand. A structure for the display and sale of products with no space for customers within the structure itself.

State freeway. Any section of a state highway which has been declared to be a freeway by resolution of the California Highway Commission pursuant to section 100.3 of the Streets and Highways Code.

Storage container. Any portable or moveable structure or container, constructed of varied materials including metal, wood, plastic or synthetic substances, or any combination thereof, which is designed and intended for the storage or transport of items, goods, clothing, furniture, equipment, or materials, etc. Storage containers that have been permanently fixed to a location on the ground shall still be deemed to

meet this definition. Storage containers do not include non-habitable structures of less than one hundred twenty (120) square feet.

Storage lot. A site devoted to the commercial outdoor or indoor storage (mini-warehouses) of goods and vehicles.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, garage, or unused underfloor space is more than six (6) feet above finished grade for more than fifty (50) percent of the total perimeter or is more than twelve (12) feet above the finished grade at any point, such basement, cellar, garage, or unused underfloor space shall be considered as a story.

Streets and highways:

(a)

Adjoining exterior streets. Streets contiguous to the boundaries of the subdivision and/or streets within which boundaries of the subdivision are contained. The streets may or may not provide direct access to the subdivision.

(b)

Private streets. Undedicated streets built to the standards and specifications as adopted from time to time by resolution of the Planning Commission and shall be not less than twenty-eight (28) feet in width between curbs.

(c)

Street. A public thoroughfare which affords primary means of access to abutting property.

(d)

Street, arterial means any street or road passing adjacent to, or through a subdivision which carries the major flow of traffic and for which the traffic entering from side road and streets may be controlled.

(e)

Street line. The boundary line between a street and the abutting property.

(f)

Street, side. A street which is adjacent to a corner lot and which extends in the general direction of the line determining the depth of the lot.

(g)

Subdivision Streets. Streets contained entirely within the boundaries of the subdivision. The street's primary function is to provide access to the subdivision.

Structure. Anything constructed or erected which requires location on the ground or attached to something having a location on the ground, but not including fences or walls used as fences less than six (6) feet in height.

Structural alteration. Any change in the supporting members of a building such as foundations, bearing walls, columns, beams, floor or roof joists, girders or rafters, or changes in roof or exterior lines.

Subdivision. The division, by any subdivider, of any units or unit of improved or unimproved contiguous land shown on the latest equalized County assessment roll as a unit or as contiguous units for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements or railroad rights-of-way. Subdivision includes a condominium project, as defined herein or in California Civil Code Section 1351(f), a community apartment project, as defined herein or in California Civil Code Section 1351(d), a stock cooperative, as defined herein or in California Civil Code Section 1351(m), a cooperative apartment as defined herein, or 2 or more air space lots as defined herein. Any conveyance of land to a governmental agency, public entity, or public utility shall not be considered a division of land for purposes of computing the number of parcels. "Subdivision" does not include anything excluded from the definition of subdivision in the Subdivision Map Act unless otherwise provided for herein.

Sunroom. A room with large windows and sometimes a glass roof, designed to allow in a lot of sunlight.

Supportive housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Stock cooperative. A corporation which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-37. - "T" definitions.

Tandem parking shall have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.

Tattooing. The business of inserting pigment under the surface of the skin by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. This definition is not intended to apply to any act of a licensed practitioner of the healing arts performed in the course of his practice. Tattooing does not include application of permanent makeup that is performed as an incidental service in a beauty shop.

Theme shopping use. Retail uses sharing the same facility and selling merchandise similar in characteristics and related in kind, including but not limited to antique malls, jewelry marts, and other uses identified by

the planning director.

Trailer park and public camp. Any area or tract of land used or designed to accommodate two (2) or more automobile trailers or two (2) or more camp parties, including tents or other camping outfits and including trailer camps as defined by law.

Tree permit. A tree removal and/or relocation permit, and pruning of any tree in the Oak family City protected tree.

Tree protection. The safeguarding of trees through proper maintenance, pruning, treatment, fertilizing, feeding, and any other necessary means (standards of California Certified Arborists.)

Tree removal. The uprooting, cutting, or severing of the main trunk of the tree or any act which causes, or may be reasonably expected to cause a tree to die or to be seriously damaged. These acts include, but are not limited to, damaging the root system by machinery, storage of materials within the dripline, soil compaction within the dripline, substantially changing the grade around the root system or trunk, excessive pruning, paving with concrete, asphalt, or other inadequate irrigation; or by attachment of signs or artificial material piercing the bark of the tree by means of nails, spikes, or other piercing objects.

Transitional housing. Transitional housing refers to buildings configured as rental housing developments but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six (6) months from the beginning of the assistance. Transitional housing facilities with supportive services exclusively designated and targeted for recently homeless persons that include families, youth, persons with physical and mental disabilities, people who are addicted to alcohol and drugs, people living with HIV/AIDS, veterans, the elderly, and pregnant women. "Transitional housing" includes self-sufficiency development and support services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development's requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-38. - "U" definitions.

Unattended business. A business which does not have an attendant or other representative of the owner of the business on the premises at all times during which the business is open to the public.

Unclassified use permit (UUP). An unclassified use permit shall be considered the same as a conditional use permit (CUP).

Unmanned aircraft system or drone. An aircraft without a human pilot on board, that is controlled by an operator on the ground, and operated without the possibility of direct human intervention from within, or on the aircraft.

Use. The purpose for which land a building is arranged, designed or intended, or for which either is or may be occupied or maintained.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 11, 3-18-25)

Sec. 26-39. - "V" definitions.

Vehicle definitions (for zoning purposes only).

(a)

Commercial vehicle. A vehicle of a type required to be registered under the State Vehicle Code used or maintained for the transportation of persons for hire, compensation, or profit or designed, used, or maintained primarily for the transportation of property.

(b)

Inoperable vehicle. Any vehicle (whether partially or fully assembled) in a state of being immobile, unlicensed, or otherwise unable to legally perform its design function on public streets.

(c)

Gross vehicle weight. The maximum weight in pounds of the chassis of a truck or truck tractor with full payload as authorized by the chassis manufacturer.

(d)

Motor vehicle. A self-propelled vehicle used for the transportation of people or goods on streets.

(e)

Passenger vehicle. A motor vehicle designed to carry ten (10) persons or less including the driver. Passenger vehicle also includes motor vehicles designed to carry ten (10) persons or less that are constructed either on a truck chassis or with special features for occasional off-road use. Passenger vehicle includes vehicles commonly called cars, minivans, passenger vans, and sport-utility vehicles. Passenger vehicle is intended to cover the vehicles defined as passenger cars and multipurpose passenger vehicles by the National Highway Traffic Safety Administration in Title 49 of the Code of Federal Regulations, chapter V, Section 571.3.

(f)

Recreational vehicle. A vehicle, with or without motive power which is for human occupancy on an intermittent basis, excluding boats. Recreational vehicle is divided into two (2) categories as follows:

(g)

Motor home. A motorized vehicle designed for human occupancy on an intermittent basis. A pickup or other truck with a camper mounted on the back is considered to be a motor home. A pickup or other truck with a camper shell (i.e., a fiberglass or aluminum shell used strictly to cover or enclose a truck bed) mounted on the back of such vehicle is not considered to be motor home or recreational vehicle.

(h)

Accessory recreational vehicle. Any nonmotorized vehicle designed for human occupancy on an intermittent basis, such as a vacation trailer or fifth-wheel trailer.

(i)

Recreational equipment and trailers. Recreational vehicles designed for off-road use, such as off-road vehicles, motorcycles, dune buggies, and recreational boats and watercraft and trailers to accommodate them. Recreational equipment mounted or placed on an appropriate trailer are deemed as one (1) vehicle.

(j)

Truck. A motor vehicle designed primarily for the movement of property or special purpose equipment, or a motor vehicle designed to carry more than ten (10) persons. Truck includes vehicles commonly called trucks, pickups, vans, cargo vans, buses, motor homes, and other similar vehicles. Truck is intended to cover the vehicles defined as trucks and buses by the National Highway Traffic Safety Administration, in Title 49 of the Code of Federal Regulations, chapter V, Section 571.3. Pickup trucks, passenger vans, and cargo vans are defined below.

(k)

Pickup truck. A truck with a manufacturer's gross vehicle weight rating of less than eleven thousand five hundred (11,500) pounds, which is equipped with an open flat, stake, or box-type bed not exceeding nine (9) feet in length. "Pickup truck" includes a motor vehicle otherwise meeting the above definition that is equipped with a bed-mounted storage compartment unit commonly called a "utility body."

(l)

Passenger van. A vehicle commercially available in configurations with seating for up to fifteen (15) passengers, with a single rear axle and single rear wheels, and with a gross vehicle weight of less than ten thousand (10,000) pounds.

(m)

Cargo van. A vehicle otherwise available as a passenger van (as defined above) but without its normal passenger seating and often without windows.

(n)

Tow truck. Motor vehicles specifically equipped to tow or otherwise transport passenger cars or trucks are considered either medium or heavy trucks, as appropriate.

(o)

Medium truck. A truck or similar vehicle, other than a pickup truck, passenger van, or cargo van, with a single rear axle and single or dual rear wheels. Truck tractors are in the heavy truck category.

(p)

Heavy truck. A truck, including a truck tractor, and similar vehicles with two (2) or more rear axles.

(q)

Utility trailer. A vehicle designed to be pulled by a motor vehicle which is used to carry property, trash, or special equipment and that is sixteen (16) feet or less in length. Utility trailers that are longer than sixteen (16) feet in length are considered commercial vehicles.

(r)

Vehicle. A device by which any person or property may be drawn or moved over a distance by way of a street, excepting devices moved by human power.

(s)

Vehicle code. The Vehicle Code of the State of California. Where operation of vehicles on streets is concerned, the definitions in the vehicle code shall apply rather than those delineated here.

Vesting tentative map. A "vesting tentative map" is a tentative map as defined in this article which shall have printed conspicuously on its face the words "Vesting Tentative Map" and which is processed in accordance with article VIII.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-40. - "W" definitions.

Wireless telecommunication facilities.

(a)

Accessory equipment means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, equipment buildings, shelters, vaults, radio transceivers, transmitters, pedestals, splice boxes, fencing and shielding, surface location markers, meters, regular power supply units, fans, air conditioning units, cables and wiring, to which an antenna is attached in order to facilitate the provision of wireless telecommunication services.

(b)

Amateur and/or citizen band antenna shall mean any antenna used for the operation of amateur and/or citizen band radio stations and which is licensed by the Federal Communications Commission.

(c)

Antenna shall mean any system of wires, poles, rods, reflecting discs, or similar devices of various sizes, materials and shapes including but not limited to solid or wire-mesh dish, horn, spherical, or bar configured arrangements, used for the transmission or reception of electromagnetic signals.

(d)

Antenna array shall mean two (2) or more antennas having active elements extending in one (1) or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower

interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna.

(e)

Antenna, building-mounted shall mean any antenna, other than an antenna with its supports resting on the ground, that is directly attached or affixed to the fascia or side wall of a building or structure.

(f)

Antenna, ground-mounted shall mean any antenna which is attached or affixed to a free-standing wireless facility with its base placed directly on the ground, specifically including, but not limited to, monopoles and faux trees.

(g)

Antenna, roof-mounted shall mean any antenna, other than an antenna with its supports resting on the ground, that is directly attached or affixed to the roof of a building or a mechanical penthouse or parapet enclosure wall which is located on the rooftop of a building.

(h)

Antenna height shall mean, when referring to any free-standing wireless facility, the distance measured from ground level to the highest point on the support structure, including antennas measured at their highest point.

(i)

Approval authority means the City official responsible for reviewing applications for small cell permits and vested with the authority to approve, conditionally approve, or deny such applications.

(j)

Base station shall have the meaning as set forth in 47 C.F.R. § 1.40001(b)(1), or any successor provision. This means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small cells). "Base station" does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation:

(1)

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2)

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cells).

(3)

Any structure other than a tower that, at the time the relevant application is filed with the City under this division, supports or houses equipment described in subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

(4)

"Base station" does not include any structure that, at the time the relevant application is filed under this division, does not support or house equipment described in subsections (1) and (2) of this definition. Other structures that do not host wireless telecommunications facilities are not "base stations."

(5)

Cellular means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

(6)

Collocation shall mean the placement of antennas, dishes, or similar devices owned or used by two (2) or more telecommunication providers on one (1) antenna support structure, building, or structure.

(7)

Concealed or concealment means camouflaging techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique.

(8)

COW means a "cell on wheels," which is a portable, self-contained wireless telecommunications facility that can be moved to a location and set up to provide wireless telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a location. Under this division, the maximum time a facility can be installed to be considered a COW is five (5) days. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

(9)

Decorative pole means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located.

(10)

Direct broadcast satellite service (DBS) shall mean a system in which signals are transmitted directly from a satellite to a small (not exceeding twenty-one (21) inches in diameter) receiving dish antenna.

(11)

Distributed antenna system or DAS means a network of spatially separated antennas (nodes) connected to a common source (a hub) via a transport medium (often fiber optics) that provide wireless telecommunications service within a specific geographic area or building. DAS includes the transport medium, the hub, and any other equipment to which the DAS network or its antennas or nodes are connected to provide wireless telecommunication services.

(12)

Eligible facilities request means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure, involving:

a.

Collocation of new transmission equipment;

b.

Removal of transmission equipment;

c.

Replacement of transmission equipment (replacement does not include completely replacing the underlying support structure); or

d.

Hardening through structural enhancement where such hardening is necessary to accomplish the eligible facilities request, but does not include replacement of the underlying support structure.

(13)

Eligible facilities request does not include modifications or replacements when an eligible support structure was constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. "Eligible facilities request" does include collocation facilities satisfying all the requirements for a non-discretionary collocation facility pursuant to Government Code Section 65850.6.

(14)

Eligible support structure means any support structure located in the PROW that is existing at the time the relevant application is filed with the City under this division.

(15)

Existing means a support structure, wireless telecommunications facility, or accessory equipment that has been reviewed and approved under the City's applicable zoning or permitting process, or under another applicable state or local regulatory review process, and lawfully constructed prior to the time the relevant application is filed under this division. However, a support structure, wireless telecommunications facility, or

accessory equipment that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is "existing" for purposes of this division. "Existing" does not apply to any structure that:

a.

Was illegally constructed without all proper local agency approvals; or

b.

Was constructed in noncompliance with such approvals. "Existing" does not apply where an existing support structure is proposed to be replaced in furtherance of the proposed wireless telecommunications facility.

(16)

Facility(ies) means wireless telecommunications facility(ies).

(17)

FCC shall mean an abbreviation which refers to the Federal Communications Commission.

(18)

FCC shot clock means the presumptively reasonable time frame within which the City generally must act on a given wireless application, as defined by the FCC, and as may be amended from time to time. The shot clock shall commence on "day zero," which is the day the WTFP application is submitted.

(19)

Free-standing wireless facility shall mean any free-standing mast, monopole, tripod, or tower utilized for the purpose of supporting an antenna(s). A free-standing wireless facility may be designed to resemble a tree, clock tower, light pole or similar alternative-design mounting structure that camouflages or conceals the presence of an antenna(s).

(20)

Ground-mounted means mounted to a pole, tower or other freestanding structure which is specifically constructed for the purpose of supporting an antenna or wireless telecommunications facility and placed directly on the ground at grade level.

(21)

Lattice tower means an open framework structure used to support one (1) or more antennas, typically with three (3) or four (4) support legs.

(22)

Modification means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation,

including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement, or maintenance if those actions do not involve whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of an existing wireless telecommunications facility.

(23)

Monopole means a structure composed of a pole or tower used to support antennas or related equipment. A monopole includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g., water tower).

(24)

Mounted means attached or supported.

(25)

Obstruction-free reception window shall mean the absence of manmade or natural physical barriers that would block the signal between a satellite and an antenna.

(26)

OTARD antennas means antennas covered by the "over-the-air reception devices" rule in 47 C.F.R. § 1.4000 et seq., as may be amended or replaced from time to time.

(27)

Personal wireless services shall have the same meaning as set forth in 47 U.S.C. § 332I(7)(C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

(28)

Pole means a single shaft of wood, steel concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code.

(29)

Public right-of-way or PROW means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, sidewalks, roadway medians, parkways, and parking strips. The PROW does not include land owned, controlled, or operated by the City for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, City hall and community center lands, City yards, and lands supporting reservoirs, water towers, police or fire facilities and nonpublicly accessible utilities.

(30)

Radiofrequency emissions (RF) shall mean the electromagnetic signals transmitted and received using wireless telecommunication antennas.

(31)

Reception window shall mean the area within the direct line between a land-based antenna and an orbiting satellite.

(32)

Replacement refers only to replacement of transmission equipment, wireless telecommunications facilities or eligible support structures where the replacement structure will be of like-for-like kind to resemble the appearance and dimensions of the structure or equipment replaced, including size, height, color, landscaping, materials, and style.

a.

In the context of determining whether an application qualifies as an eligible facilities request, the term "replacement" relates only to the replacement of transmission equipment and does not include replacing the support structure on which the equipment is located.

b.

In the context of determining whether a SWF application qualifies as being placed upon a new eligible support structure or qualifies as a collocation, an application proposing the "replacement" of the underlying support structure qualifies as a new pole proposal.

(33)

Small cell means a low-powered antenna (node) that has a range of ten (10) meters to two (2) kilometers. The nodes of a "small cell" may or may not be connected by fiber. "Small," for purposes of "small cell," refers to the area covered, not the size of the facility. "Small cell" includes, but is not limited to, devices generally known as microcells, picocells and femtocells.

(34)

Small cell network means a network of small cells.

(35)

Substantial change has the same meaning as "substantial change" as defined by the FCC at 47 C.F.R. 1.40001(b)(7). Notwithstanding the definition above, if an existing pole-mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure, such modification may be deemed a non-substantial change, in the discretion of the planning director and based upon his/her reasonable consideration of the cabinet's proximity to residential view sheds, interference to public views and/or degradation of concealment

be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure, such modification may be deemed a non-substantial change, in the discretion of the planning director and based upon his/her reasonable consideration of the cabinet's proximity to residential view sheds, interference to public views and/or degradation of concealment

elements. If undergrounding the cabinet is technologically infeasible such that it is materially inhibitive to the project, the planning director may allow for a ground mounted cabinet. A modification or collocation results in a "substantial change" to the physical dimensions of an eligible support structure if it does any of the following:

a.

It increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;

b.

It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

c.

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets. However, for towers and base stations located in the public rights-of-way, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

d.

It entails any excavation or deployment outside the current site. For purposes of this subsection, excavation outside the current site occurs where excavation more than twelve (12) feet from the eligible support structure is proposed;

e.

It defeats the concealment or stealthing elements of the eligible support structure; or

f.

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections (1) through (4) of this definition.

(36)

For all proposed collocations and modifications, a substantial change occurs when:

a.

The proposed collocation or modification involves more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) equipment cabinets;

b.

The proposed collocation or modification would defeat the concealment elements of the support structure; or

c.

The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in this section.

(37)

Support structure means a tower, pole, base station, or other structure used to support a wireless telecommunications facility.

(38)

SWF means a "small wireless facility" as defined by the FCC in 47 C.F.R. 1.6002(1), as may be amended, which are personal wireless services facilities that meet all the following conditions that, solely for convenience, have been set forth below:

a.

The facility:

1.

Is mounted on an existing or proposed structure fifty (50) feet or less in height, including antennas, as defined in 47 C.F.R. § 1.1320(d);

2.

Is mounted on an existing or proposed structure no more than ten (10) percent taller than other adjacent structures; or

3.

Does not extend an existing structure on which it is located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater;

b.

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three (3) cubic feet in volume;

c.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

d.

The facility does not require antenna structure registration under 47 C.F.R. part 17;

e.

The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and

f.

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).

(39)

Telecommunications tower or tower bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R. § 1.40001(b)(9), including without limitation a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

(40)

Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiberoptic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(41)

Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. A telecommunications tower is not a utility pole.

(42)

Wireless telecommunication facility shall mean a mechanical device, land and/or structure that is used to transmit and/or receive electromagnetic signals, including but not limited to antennas, microwave dishes, horn, and other types of equipment for the transmission or receipt of such signals, free-standing wireless facilities, equipment buildings or cabinets, parking areas, and other accessory development. Exceptions: The term "wireless telecommunications facility" does not apply to the following:

a.

Government-owned and operated telecommunications facilities.

b.

Emergency medical care provider-owned and operated telecommunications facilities.

c.

Mobile services providing public information coverage of news events of a temporary nature.

d.

Any wireless telecommunications facilities exempted from this Code by federal law or state law.

(43)

Wireless telecommunications facilities master plan shall mean a narrative and graphic representation of all existing and future wireless telecommunication facilities within the City for one (1) wireless communication provider or applicant.

(44)

Wireless telecommunications services means the provision of services using a wireless telecommunications facility or a collocation facility, and shall include, but not be limited to, the following services: personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-41. - "X" definitions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-42. - "Y" definitions.

Yard. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.

Yard, front. A required yard extending across the full width of the lot or parcel of land. The depth of a required front yard shall be a specified horizontal distance between the front lot line and a line parallel thereto on the lot or parcel of land. Said distance shall be measured by a line at right angles to the front lot line, or by the radial line in the case of a curved front lot line. When a lot lies partially within a planned street indicated on a precise plan for such a street, and where such planned street is of the type that will afford legal access to such lot, the depth of the front yard shall be measured from the contiguous edge of such planned street in the manner prescribed in this definition.

Yard, rear. A required yard extending across the full width of the lot or parcel of land. The depth of a required rear yard shall be a specified horizontal distance between the rear lot line and a line parallel thereto on the lot or parcel of land.

Yard, side. A required yard extending along the full length of the lot or parcel of land from the rear line of the required front yard to the required rear yard. The width of the required side yard shall be a specified horizontal distance measured from, and at right angles to, the nearest point of a side lot line toward a line parallel thereto.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-43. - "Z" definitions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

ARTICLE II. - ZONES, ALLOWABLE USES, AND DEVELOPMENT STANDARDS DIVISION 1. - RESIDENTIAL ZONES (R-A, R-1, MF-8, MF-15, MF-20, MF-45)

The purpose of the residential zones is to classify and set standards for the orderly development of single and multifamily residential properties in a manner that will provide a desirable living environment compatible with surrounding properties and assuring protection of property values. It is intended that these zones be used to add to the variety of housing types and densities.

Table 2-1 Base Zoning Districts

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-45. - Land use regulations and allowable uses.

(a)

Permitted uses for residential zones:

Table 2-2 Uses and Permit Requirements

(b)

Any additions or accessory buildings shall maintain architectural consistency with the primary structure in regard to roof profile and pitch, materials, colors, roofing, scale, exterior treatment and details.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 12, 3-18-25)

Sec. 26-46. - Development standards for R-A and R-1 zones.

New land uses, structures, and site development including alterations to existing land uses, structures, and site development within residential zoning districts shall be designed and constructed in compliance with

the following requirements, and all applicable standards in article III (regulations applicable to all zones) and article IV (standards for specific land uses) of this Development Code.

(a)

Site size. In single-family residential districts, the minimum required building site area or width may be different from that set forth in the regulations of the district if so specific on the zoning district map. Such specifications shall be shown in the following manner:

(1)

A number preceding and connected by a hyphen with the district symbol shall designate the minimum required building site width in feed. (i.e. 130-R)

(2)

A number following and connected by a hyphen with the district symbol shall designate the minimum required building site area. Where the number is greater than one hundred (100), it shall indicate the area in square feet; where the number is less than one hundred (100), it shall indicate the area in net acres. (i.e. R- 1-6,000)

(3)

The size of sites in R-A and R-1 zones shall be governed by the following table:

Table 2-3 Minimum Lot Dimensions and Lot Area for R-A and R-1 Zones

(b)

Building coverage.

(1)

The maximum building coverage and floor area of all structures in the R-A and R-1 zones shall not exceed the standards set forth in Table 2-4.

Table 2-4 Allowable Building Coverage and Floor Area

(c)

Maximum front yard pavement coverage/driveways.

(1)

As used in this section, a "front yard" refers to all space between the main building (also the projection of the main building to the side property lines) and the front street property line. "Street side yard" refers to all space between the main building (also the projection of the main building to the front and rear property lines) and the side street property line of a corner lot. All open areas within the front yard, except for legally permitted driveways and walkways, as set forth in this section, shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth by section 26-85 (general landscaping standards).

(2)

Paved walkways shall be separated with a minimum forty-two inch (42") wide landscaped area. The driveway and walkway area may be connected for a span no greater than forty-two inches (42") in width. There shall be no more than two (2) paved walkway areas within the front yard.

(3)

Review and approval of a new driveway is subject to approval of a driveway approach permit by the engineering division.

(4)

A primary driveway providing direct access from the street to a garage, carport, or required parking space(s) shall have a minimum length of twenty-two (22) feet, measured from the edge of the driveway apron.

(5)

The front yard driveway pavement shall be limited to the width of the garage or carport, plus an additional twelve (12) feet (cumulative width). In instances where the property does not have a garage or carport, the front yard driveway pavement shall be limited to twenty (20) feet in width for properties developed with primary single-family residential dwelling units. Urban lot split properties shall comply with article VIII (subdivision regulations). The installation of a circular/semicircular driveway shall require compliance with all standards listed within subsection (7), including the maximum primary driveway width. The installation of a secondary driveway shall require compliance with all standards and processes listed within subsection (8), including maximum primary driveway width.

(6)

Pavement in the front yard shall be constructed and maintained with permanent, load-bearing pervious or impervious surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. The use of pervious surfaces is encouraged to facilitate on-site infiltration of stormwater. Substitutions of paved materials for the additional paved areas are permitted if found to be substantially similar to the requirements of this article. In cases of irregularly shaped lots or sites hampered by topographical features, the additions shall be parallel to and/or concentric with the access drive. Pavement in a street side yard is permitted only where a garage or carport in the street side yard is oriented to the street or six-foot-high masonry block wall or solid fence screens the pavement from all street views. Unscreened pavement in street side yards shall be treated as pavement in front yards.

(7)

Circular drive additions are exempt from the provisions of subsection (5).

a.

New semicircular driveways are prohibited where the street frontage is less than seventy-five (75) feet.

b.

Properties without a garage are prohibited from installing and/or maintaining a semicircular driveway.

c.

The semicircular driveway portion shall not exceed twelve (12) feet in width.

d.

The paved primary driveway portion leading to the garage shall not exceed the width of the garage plus six (6) feet.

e.

A minimum of fifty (50) percent of the front yard shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth in section 26-85 (general landscaping standards).

(8)

Paved areas for secondary driveways are exempt from the provisions of subsection (5). The approval of a secondary driveway shall be subject to the granting of an administrative permit with hearing as set forth in article VI, division 6 of this chapter, and further subject to the following conditions:

a.

Properties without a garage are prohibited from installing a secondary driveway.

b.

The paved primary driveway portion leading to the garage shall not exceed the width of the garage.

c.

Approval of a secondary driveway by the planning division shall require a plan indicating the location and improvements of the secondary driveway and the paved parking area in the side or rear yard.

d.

The secondary driveway shall lead to a paved parking area intended for the parking or storage of vehicles in the side or rear yards which must be fully screened in compliance with section article III, division 6.

e.

The secondary driveway is strictly for the purpose of providing access to the rear or side yard for the purposes stated above. No vehicles may be parked or stored on the secondary driveway in the front yard.

f.

The maximum width of the secondary driveway shall be twelve (12) feet.

g.

The secondary driveway shall be made of grass-crete, turf-block, or similar material to allow grass/ground cover to grow in between the voids. The secondary driveway may be made of the same

concrete/pavers/material of the primary driveway if it is designed as a ribbon driveway with two (2) ribbon strips no wider than forty-two inches (42") for each strip and a minimum of forty-two inches (42") width of landscaping in between the ribbon strips and/or other paved areas.

h.

A minimum of fifty (50) percent of the front yard shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth in section 26-85 (general landscaping standards).

(d)

Single-family building height.

(1)

No building or structure shall have more than two (2) stories or be more than twenty-five (25) feet above finished grade.

a.

Hillside areas step massing. A maximum overall height of thirty-five (35) feet may be allowed for buildings which in stepping down the slope diminish bulk provided that no point around the perimeter exceeds twenty-five (25) feet and the natural slope is no less than fifteen (15) percent, subject to the approval of an administrative permit. A building is considered to step down the slope if the line connecting its corresponding components is no steeper than the average of the natural slope adjacent to the entire structure. A topographical survey prepared by a licensed surveyor shall be required as part of the administrative permit submittal. Projects that utilize more than two (2) terracing retaining walls and/or retaining walls greater than four (4) feet in height to create a flat building pad do not qualify for the allowable step massing height increase.

(2)

Chimneys, vents and other such incidental appurtenances shall conform to the standards set forth in section 26-65.

(3)

Subterranean garages shall not be included in the measurement of height nor counted as a story.

(4)

Buildings on lots in excess of twenty thousand (20,000) square feet may exceed the maximum height limit stated in subsection (a) by one (1) foot for every five hundred (500) square feet of floor area in excess of twenty-five hundred (2,500) square feet. Such increase in height shall increase the yard requirements on a foot-to-foot ratio, i.e., one (1) foot of additional height requires eleven-foot side yards and twenty-six-foot front and rear yards, five (5) feet of additional height requires fifteen-foot side yards and thirty-foot front and rear yards, however no structure shall exceed two (2) stories and thirty-two (32) feet maximum height.

(e)

Setback regulations for R-A and R-1 Zones, except as set forth in section 26-46(g).

(1)

Front yard setback.

a.

Determination of front yard setback on corner lots. On corner lots, the narrower street frontage is normally the front lot line. However, the Community Development Director or their designee may determine that a longer street frontage comprises the front lot line, in consideration of other factors including house orientation, orientation of nearby houses, and access.

b.

For flag-lots extending from a street or right-of-way to the building area of the parcel, the front yard setback measurement shall be taken from the nearest point of the wall of the structure or support post to the point where the access point or "flag pole" meets the bulk of the parcel along a continuous line, establishing a parallel setback line.

c.

Every lot or parcel zoned R-A or R-1 shall have a front yard not less than twenty-five (25) feet from the property line, except for lots with a gross lot area of 7,500 square feet which shall have a front yard setback of twenty (20) feet.

(2)

Side yard setback.

a.

Five (5) feet for lots less than fourteen thousand four hundred (14,400) square feet;

b.

Seven (7) feet for lots between fourteen thousand four hundred (14,400) and twenty thousand (20,000) square feet;

c.

Ten (10) feet for lots greater than twenty thousand (20,000) square feet;

d.

On any corner lot, no residence facing the side street shall be located within twelve and one-half (12½) feet of the side street property line.

e.

Reverse corner lots: Shall have the same side yard requirements as interior lots except the street side setback for the entire depth of the lot shall be no less than fifty (50) percent of the required front yard of the lot to the rear.

(3)

Rear yard setbacks for lots zoned R-A and R-1.

a.

Lots not exceeding an area of seven thousand five hundred (7,500) square feet shall have a rear yard setback of fifteen (15) feet.

b.

Lots seven thousand five hundred (7,500) square feet or more shall have a rear yard setback of twenty-five (25) feet;

c.

For lots within the Hillside Overlay Zone with graded pads, a minimum ten-foot substantially flat area for pedestrian and emergency access shall be provided between the rear of the house and the slope, measured perpendicularly from the structure (a one-story open patio cover may be located in the level area in compliance with other development standards). Legal nonconforming structures in existence prior to February 21, 2014 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming structures were legally established and maintained.

(f)

Permissible coverage of required rear yards.

(1)

Sixty (60) percent of the required rear yard in R-A and R-1 zones shall remain open; and the remaining forty (40) percent of the required rear yard may be covered by single story construction with a height of no greater than fifteen (15) feet.

a.

Garages and/or storage sheds may exceed the fifteen (15) feet height limitation by no greater than five (5) feet, subject to an administrative review set forth article VI, division 6 (administrative permit), provided that the Community Development Director or their designee determines that the design of the proposed garage or storage shed is compatible with other structures on the property and is at least fifteen (15) feet away from any permitted structure and/or swimming pool located on a neighboring property.

b.

No construction shall be permitted within five (5) feet of the rear property line, except as set forth in article III, division 2 (accessory structures) and/or section 26-46(g).

(g)

Special setback requirements and/or exceptions to basic setbacks.

(1)

Nonhabitable accessory structures.

a.

All nonhabitable free-standing roofed accessory structures with a projected roof area of less than one hundred twenty (120) square feet or nonroofed structures with a total floor area of less than one hundred twenty (120) square feet, and no taller than seven (7) feet in height in yards which are screened by fencing or shrubs at least five (5) feet tall may encroach into the required interior side yard behind the main building, and the required rear yard.

b.

All nonhabitable free-standing roofed accessory structures greater than one hundred twenty (120) square feet and greater than seven (7) feet in height shall be set back 4'-0" from the interior side and rear property lines provided that provisions within sections 26-46(f) and 26-46(g) are complied with.

(2)

Flags and flagpoles shall be subject to the regulations found in article III, division 8.

(3)

Swimming pools, spas, and sports courts.

a.

Swimming pools, spas, sports courts, and other similar private recreation areas shall be setback a minimum of five (5) feet from the interior side and rear property lines.

1.

Swimming pool/spa setback shall be measured from the property line to the back of the bond beam.

2.

Sports court setback shall be measured from the property line to the sport court fencing and/or playing surface, whichever is closest.

b.

Pools/spas and sports courts may be permitted within the front yard through an administrative permit process provided that there is a minimum five (5) feet setback to adjoining properties, the City Engineer has determined that there will not be a line-of-sight safety concern and the Community Development Director determines that the lot configuration, building placement, and/or street location justify the proposed pool/spa location due to the uniqueness of the property.

c.

Temporary playing surfaces on grass and/or on the driveway are not regulated by this zoning code provided that the equipment is moved and stored out of the required setbacks after each use.

(4)

Mechanical equipment.

a.

Mechanical equipment (HVAC system, pool equipment, tanked water-heater, generator, or similar) shall be setback a minimum of five (5) feet from the side and rear property lines.

b.

Mini-split air-conditioning units, wall/window air-conditioning units, tankless water-heaters, or similar equipment may be located within the required side and rear setbacks provided that the equipment does not extend beyond the eave of the dwelling unit and is screened from public right-of-way views.

c.

In no case shall mechanical equipment be located within the front yard.

d.

All mechanical equipment shall be screened from public right-of-way views.

e.

Air conditioning and heating ducting shall not be exposed on roofs.

f.

Roof-mounted mechanical equipment may be allowed, subject to review by the Community Development Director (or their designee) and approval of an administrative permit as follows:

1.

The house is existing and does not have an attic;

2.

The unit is not visible from the street and can be screened from all ground level views;

3.

A detailed description of the screening material and construction method shall be provided and shall be architecturally compatible with the building.

(5)

Canopy structures.

a.

Canopy structures shall be prohibited in the front yard and street side yard (refer to section 26-46(d)), with the following exceptions:

1.

Canopy structures with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet shall be permitted within a street side yard area that is fully screened by fencing or shrubs at least five (5) feet in height.

2.

Canopy structures with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet shall be permitted in front yard and street side yard areas where located at a distance of fifty (50) feet or greater from the front or street side property line and/or which are not readily visible from the street (as determined by the Community Development Director or their designee) due to topographical conditions. Canopy structures shall be permitted in other areas of a lot with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet, with the exception that canopy structures encroaching into the interior side yard and/or the rear five (5) feet of the rear yard shall only be permitted with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet.

b.

Repair and maintenance. Canopy structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any canopy structure considered to be in disrepair, as determined by the Community Development Director or their designee, shall be repaired, replaced or removed from the site. Reflective, mirrored type, covering material shall be prohibited.

c.

Lot coverage. Canopy structures requiring the issuance of a building permit (i.e., those that are considered structures as defined by the Uniform Building Code) with a projected roof area of one hundred twenty (120) square feet or greater shall be considered building coverage and shall be included in calculations of maximum building coverage as set forth in section 26-46(c).

(6)

Animal keeping areas. A minimum separation of thirty-five (35) feet shall be maintained between a structure used for habitable purposes, swimming pool or spa and animal keeping areas. Animal keeping areas shall include barns, corrals, or stables, to maintain a horse or any other animal mentioned in section 26-111. Legal nonconforming uses or buildings in existence prior to June 14, 2012 that do not fully meet the stated separation requirements, may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming uses and buildings were legally established and maintained.

Any addition to, or expansion of, such structures, however, shall cause the stated separation requirements to apply.

(7)

The provisions of this section shall not be construed to limit or interfere with the authority of homeowner associations that determine that such encroachments are undesirable in their particular case to incorporate the prohibition of such encroachments into their conditions, covenants and restrictions.

(8)

All structures must conform to the requirements of the Uniform Building Code, if applicable.

(9)

For the purpose of this section, the projected roof area shall mean the horizontal square feet of roof, excluding slope, but including overhang.

(h)

Second-story setbacks regulations for R-A and R-1 zones.

(1)

Front yard. When the first story of an existing or proposed single-family structure is built within thirty (30) feet or less of the front property line, the front yard setback of any future second story or second floor expansion shall be a minimum of thirty (30) feet, except for lots less than seven thousand five hundred (7,500) square feet in area, where the second story shall be set back a minimum of twenty-five (25) feet.

(2)

Side yard. When the first story of an existing or proposed single-family structure is built within ten (10) feet or less of the side property line, the side yard of any future second story or second-floor expansion shall be a minimum of ten (10) feet. The following exception may be allowed, subject to Community Development Director (or their designee) review and the approval of an administrative permit, in cases where an existing second story has a second story setback that is less than ten (10) feet on an elevation:

a.

Said side yard second story setbacks may be the same as the existing second story setback if no portion of a building or structure (existing or proposed) encroaches through a daylight plane that is projected above each setback line and sloping inwards at a forty-five (45) degree angle measured at a point ten (10) feet above the finished grade level along the side property line toward the opposing side property line.

b.

Said side yard second story setback shall not be required along any side yard which abuts property zoned for or developed with a nonresidential use (e.g. schools and parks) or a public right-of-way, flood control channel, or utility easement upon which no residential structures may be developed.

c.

As used in this section, second story setback shall also apply to any portion of the first story under a sloped roof with a ridge height greater than sixteen (16) feet and/or an exterior wall height greater than twelve (12) feet above the finished adjacent grade. The gable end of a sloped roof shall not be included in the exterior wall height calculation.

d.

The second story setbacks stated in subsections (1) and (2) above on lots of twenty thousand (20,000) square feet or more shall be increased accordingly for developments which utilize the additional height provisions pursuant to section 26-46(d)(4).

e.

Rooftop decks and/or balconies attached to the primary structure with direct access from the second-floor or stairs leading thereto shall comply with two (2) story setback requirements.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, §§ 13—15, 3-18-25)

Sec. 26-47. - Applicable regulations for R-A and R-1 zones.

The provisions of this section are intended to reinforce community standards and to promote an attractive residential appearance in the City's neighborhoods. These regulations apply to all residential uses in R-1 and R-A zones.

(a)

Precise plan of design. A precise plan of design pursuant to article VI, division 3 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.

(b)

Lighting. Lighting shall be designed, installed, and maintained in such a manner that illumination spillover from such lighting does not exceed two (2.0) foot candles above ambient illumination levels onto another residential property and glare spillover from such lighting will not negatively impact another residential property.

(1)

Illumination and/or glare spillover onto other property shall be measured from any point five (5) feet above natural grade on a vertical plane on the other property. Ambient illumination shall include only nonartificial light and street lights present exclusive of the offending light source.

(2)

If, upon inspection by authorized City staff, it is determined that a violation of this section is occurring, the Community Development Director or their designee may require mitigation measures in order to minimize

impacts, including, but not limited to: Relocation (setback, height restrictions) of the fixture, reduction of lamp wattage, the installation of hoods, shields, louvers, or other fixtures accessories to redirect light, the installation of coated or frosted lamp covers to soften glare, the re-aiming of the fixture, or the placement of landscaping or fencing as barriers.

(3)

Sports court lighting shall be subject to the same standards and require the review and approval of the Community Development Director or their designee prior to installation. During this review, photometric data and other information needed to determine compliance with these standards may be required by the Community Development Director or their designee and are subject to the approval of an administrative permit.

(4)

The restrictions of this subsection shall not apply to decorative, temporary, seasonal incandescent lights in place and in use during the period from November 1 and January 31.

(c)

Certain objects and materials prohibited in all yards.

(1)

No owner or occupant of any parcel of real property zoned for residential purposes shall maintain or permit to remain within the front yard, street side yard or any other portion of the property, except as otherwise permitted in this section:

a.

Any garbage or putrescible matter, whether mixed with rubbish or other matter or not.

b.

Any rubbish, whether combustible or noncombustible, other than garbage or putrescible matter.

c.

Any discarded, useless and unusable object, material or equipment.

d.

Any pile or accumulation of lumber or building materials, provided, however, that this subparagraph (iv) shall not apply to any parcel upon which a building is in the process of construction.

(2)

Objects and materials prohibited in paragraph (a) may be placed in the front yard or street side yard for a period not to exceed twenty-four (24) hours and may be stored in other portions of the property screened from public view for a period not to exceed ten (10) days.

(3)

All garbage and putrescible matter, whether mixed with rubbish or other matter shall be kept in a watertight container with close-fitting lids and ties. All rubbish, other than garbage or putrescible matter shall be kept in a metal container or other substantial and adequate container.

(4)

As used in this section, a "front yard" refers to all space between the main building (also the projection of the main building to the side property lines) and the front property lines. "Street side yard" refers to all space between the main building (also the projection of the main building to the front and rear property lines) and the street side property line of a corner lot, which is not totally screened from public view by a six-foot-high solid fence or wall. "Other portions of property" shall mean those portions of property not included in the front yard or street side yard and screened from public view with a six-foot-high solid fence or wall.

(d)

Landscape maintenance.

(1)

The purpose of this section is to protect the properties in residential neighborhoods by establishing minimum maintenance standards for maintenance of landscaping on residential properties. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to allow the existence of any of the following conditions on such property, which conditions are listed by way of example and not of limitation:

a.

Overgrown vegetation; unmaintained grass lawns and/or weed areas which are one (1) foot in height or greater; which are likely to attract or harbor rats or vermin; to become a fire menace when dry; or which are otherwise dangerous to the public health and welfare.

1.

Weeds are those uncultivated, noxious plant groups that compete with cultivated garden plants for water, nutrients, light and space.

b.

Dead, decayed, diseased or hazardous trees and/or other vegetation.

c.

Lack of landscaping or the maintenance thereof.

Landscaping, as used in this section, shall, by example and not by limitation, mean healthy and viable cultivated vegetation common to most residences and/or planned drought-tolerant landscaping systems.

(i)

Drought-tolerant landscaping systems are generally characterized by alluvial rock garden formations and/or native California flora or other plants selected for drought tolerance, adaptability and relationship to West Covina environment; color, form and pattern; ability to provide shade; soil retention and fire resistance.

2.

Maintenance, as used in this section, shall, by example and not by limitation, mean watering, weeding, pruning, trimming, mowing, insect control the replacement or irrigation equipment as needed to preserve the health and appearance of landscaping when visible from streets, rights-of-way, and adjacent properties at or above grade level.

(2)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in article III, division 5 of this Development Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.

(3)

Violations of this section shall be subject to enforcement procedures found in section 1-37.2 of the West Covina Municipal Code. This section shall not supersede any provisions or regulations required by public and governmental agencies that may conflict with the intent and provisions contained in this section.

(e)

Maintenance of buildings and structures.

(1)

The purpose of this section is to protect the appearance, character, and integrity of residential neighborhoods and promote safe and decent housing by establishing minimum standards as they relate to the maintenance of residential buildings and structures. It shall be unlawful for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to maintain on such property any of the following when viewable from the public right-of-way or abutting properties:

a.

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 Community Development Director or their designee and building official.

b.

Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess of ten (10) percent of the surface area.

c.

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.

d.

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.

e.

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 Community Development Director or their designee and building official a hazardous condition or an attractive nuisance.

f.

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.

g.

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.

(f)

Construction in fire hazard severity zones (FHSZ).

(1)

The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety.

(2)

This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).

(3)

Construction standards, building materials and design.

a.

All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.

(4)

Vegetation management and defensible space.

a.

All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-48. - Development standards for multi-family zones.

New land uses, structures, and site development including alterations to existing land uses, structures, and site development within multi-family residential zoning districts shall be designed and constructed in compliance with the following requirements, and all applicable standards in article III (regulations applicable to all zones), article VI (standards for specific land uses) of this Development Code and the West Covina Multi-Family Residential Objective Design Standards.

(a)

Site size.

(1)

The size of sites in multiple-family zones shall conform to the following table:

Table 2-5 Minimum Lot Size for Multi-Family Residential Zones

(b)

Density.

(1)

The maximum number of dwelling units per net acre shall be as follows:

Table 2-6 Maximum Dwelling Units Per Acre for Multi-Family Residential Zones

(c)

Lot coverage.

(1)

The maximum building coverage of all structures multi-family residential zones shall not exceed the following:

a.

Lots zoned MF-8—forty-five (45) percent of the total lot parcel area;

b.

Lots zoned MF-15 and MF-20—fifty-five (55) percent of the total lot parcel area;

c.

Lots zoned MF-45—seventy (70) percent of the total lot parcel area.

(2)

Ground coverage shall be the total amount of land covered by residential structures, carports or garages, and all paved areas used for parking and accessways. Decks, patios, recreation rooms, pedestrian walkways, and terraces shall be excluded. Such coverage shall conform to the following table:

(d)

Maximum building height.

(1)

The maximum building height shall conform to the following table:

Table 2-7 Maximum Building Height for Multi-Family Residential Zones

(2)

When there is a difference in site elevation and the abutting property zoned single-family is of such elevation that its view will not be impeded, at the discretion of the Planning Commission, the maximum building height limit may be waived.

(e)

Building setbacks from property lines.

(1)

Front. The front setback from the property line shall be governed by the following table:

Table 2-8 Minimum Required Front Yard Setbacks for Multi-Family Residential Zones

(2)

Side. The side setback and upper-story setbacks from the property line shall be governed by the following table:

Table 2-9 Minimum Required Side Yard Setbacks for Multi-Family Residential Zones

(3)

Rear. The rear setback and upper-story setbacks shall be governed by the following table.

Table 2-10 Minimum Required Rear Yard Setbacks for Multi-Family Residential Zones

(f)

Yards around buildings.

(1)

In the MF-8, MF-15, and MF-20 zones: There shall be a minimum yard requirement around all main building exterior walls of ten (10) feet plus two (2) feet per additional story in height above the first floor plus one (1) foot per each twenty (20) feet of linear exterior wall or fraction of the building adjoining said yard. In the MF45 Zone, the yard requirement shall be ten (10) feet plus two (2) per additional story in height above the first floor.

(2)

The sum of the minimum yard requirements around all main buildings as set forth in (a) above, shall constitute the minimum distance between all main buildings.

(3)

Yards as per this section shall be open from the ground to the sky and shall be landscaped. Exterior stairways, balconies, and patios may extend into said yards not more than twenty-five (25) percent.

(4)

If parking is provided under the first story of a building, the landscaping requirements are waived for the distance of the parking spaces.

(5)

Accessory buildings shall not encroach into any yard requirement of a main building, except as set forth in section 26-48 of this article.

(6)

The yard requirement of an obliquely-aligned building may overlap if approved by the Planning Commission.

(7)

Yards around buildings, as set forth in this section, may coincide with setbacks from property line as required in section 26-48(e) of this article; the one having the greater distance shall prevail.

(8)

At the time of precise plan review as per article VI, division 3 of this chapter, the Planning Commission may modify the required yards around buildings as set forth in this section, providing the following criteria have been met:

a.

The amount of site area involved shall be relocated within the recreational-leisure space areas as set forth in section 26-48(i).

b.

The end result shall be an improved overall project design other that otherwise would not occur if the modification were not granted.

c.

The maximum permitted ground coverage set forth in section 26-48(c) shall not be exceeded.

(g)

Building length.

(1)

In the MF-8, MF-15, and MF-20 zones, no building shall exceed a length of two hundred (200) feet. In the MF-45 zone, no building shall exceed a length of four hundred (400) feet. Buildings may be connected with walkways or at the roof, provided minimum distances between buildings as per section 26-48(f) of this chapter is met and approved by the Planning Commission.

(h)

Minimum floor area per dwelling.

(1)

The minimum floor area per dwelling unit, in square feet, shall be as follows:

Table 2-11 Minimum Floor Area for Multi-Family Residential Zones

(i)

Required open space.

(1)

Common open space shall be provided in conformance with the standards set forth in the West Covina Multi-Family Objective Design Standards (2022).

(2)

Private open space. A minimum of two hundred (200) square feet per dwelling unit of usable private open space shall be provided. Such space shall have a minimum dimension of five (5) feet in width and depth. Balconies, patio areas, and other similar space that is directly accessible from the unit may be included as private open space areas. Storage of any equipment other than patio furniture shall not be allowed within balconies and/or patio areas.

(j)

Micro-units.

(1)

A micro-unit project shall conform to the development standards set forth in section 26-48, development standards for multi-family zones.

(2)

Standards:

a.

Kitchen and bathrooms. Each micro-unit shall include a private kitchen and bathroom.

b.

Kitchens shall include at least the following;

1.

Sink;

2.

Stove with two burners;

3.

Refrigerator with freezer;

4.

Counter that is at least eighteen (18) inches by twenty-four (24) inches; and

5.

A pantry and dry good storage cabinets with a minimum area of twenty (20) cubic feet.

c.

Bathrooms shall include the following:

1.

Toilet;

2.

Sink; and

3.

Shower.

d.

Storage space. Each micro-unit shall have a closet with a minimum of forty-eight (48) square feet of storage.

e.

Micro-unit developments shall provide a shared laundry room accessible to all units with one (1) washer and dryer for every twelve (12) micro-units.

f.

Operations, management and security:

g.

All micro-unit developments shall submit the following information describing the operational, management and security details of the project:

1.

Description of general operations and onsite security plans;

2.

24-hour onsite management for projects with fifteen (15) units or more;

3.

Emergency procedures.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 16, 3-18-25)

Sec. 26-49. - Applicable standards for multi-family zones.

The provisions of this section are intended to reinforce community standards and to promote an attractive residential appearance in the City's neighborhoods. These regulations apply to all residential uses in multifamily zones.

(a)

Precise plan of design.

(1)

The filing of a precise plan of design shall be required as part of an application for multiple-family zoning and as specified in article VI, division 3 of this chapter, or a planned residential development overlay zone and development plan as specified in section 26-60 of this chapter. Such precise plans of design shall conform to Planning Commission Resolution No. 567. This shall not apply to development applications subject to administrative review pursuant to state law or other sections of this Code.

(2)

The review and approval process for an eligible Senate Bill 35 (SB35) housing project shall adhere to California Government Code Section 65913.4, as amended. For eligible SB35 projects, and/or multi-family residential projects providing a minimum of twenty (20) percent of the total dwelling units reserved for lower income households subject to deed restriction, the Community Development Director shall approve or deny the ministerial Precise Plan based on the West Covina Multi-Family Objective Design Standards (2022) adopted by the City. Within thirty (30) days of such action, the Community Development Director shall prepare a report to the Planning Commission, providing a description of the project and the nature of the approval. Any such Precise Plan approved under SB35 shall be valid for a period of three (3) years, with one (1) additional extension of time in a one-year increment. The Community Development Director or their designee may approve a one-year extension if the project proponent provides documentation that there has been significant progress toward getting the development construction ready, such as, but not limited to, the filing of a building permit application that is kept active.

(b)

Underground utilities.

(1)

All utilities shall be underground in accordance with the Municipal Code and approved by the City Engineer.

(2)

All utility hardware shall be placed underground or shall be screened from view with a decorative block or masonry wall or landscaping, to the maximum extent as allowed by the utility provider. Such screening shall be as high as the highest portion of the equipment and shall be permanently maintained.

(c)

Refuse and recycling collection and storage within multi-family residential zones.

(1)

Any new or existing multi-family development project of five (5) or more living units, an application for one (1) or more building permits for single or multiple alterations to be conducted within a twelve-month period which collectively add fifty (50) percent or more to the existing floor area of a living unit shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials as defined in this section.

(2)

All outdoor trash, garbage, recycling and refuse containers shall be screened on all sides from public view by a minimum five and one-half (5½) foot high concrete, masonry or decorative block wall and the opening provided with a gate of durable wood or comparable material. Such area shall be so located as to be easily accessible for trash and recyclable material pick up. Type, texture and color shall be approved by the Planning Commission or planning director.

(3)

The following guidelines will be applied to new and expanded development projects:

a.

Free-standing or exterior recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation.

b.

The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.

c.

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.

d.

Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project.

(4)

The Community Development Director or their designee shall review each application for adequate design and area allocation suitable to the particular recycling program or process to be in effect at the development project and shall apply these requirements and guidelines accordingly.

(5)

Any and all separate recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be part of or adjacent to the solid waste collection areas.

(d)

Lighting.

(1)

All lighting of the building, landscaping, parking area, or similar facilities shall be shielded and directed to reflect away from adjoining properties.

(e)

Mechanical equipment in multi-family zones.

(1)

In multi-family residential zones, all ground-mounted 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 shall be completely restricted from views of the public rights-of-way abutting the site and from the first floor of neighboring properties. Such screening shall be as high as the highest portion of the equipment or ducting and shall be permanently maintained. All wall air-conditioner units shall be screened from view with material that is compatible and in harmony with the architectural styling and detailing of the building.

(f)

Clothes drying areas.

(1)

All clothes drying areas shall be screened on all sides by a fence or wall not less than six (6) feet high.

(g)

Maintenance of standards, buildings and structures.

(1)

General. All improvements in the multiple-family zone shall be continuously maintained in a neat, orderly, and healthy condition. Said improvements shall include (but not be limited to) signs, landscaping, off-street parking, storage areas, and walls.

(2)

Buildings and structures. The purpose of this section is to protect the appearance, character and integrity of multiple-family zoned properties and promote safe and decent housing by establishing minimum standards as they relate to the maintenance of residential buildings and structures. It shall be unlawful for any person owning or having charge or possession of any of the following when viewable from the public right-of-way or abutting properties.

a.

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 Community Development Director or their designee and building official.

b.

Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess of ten (10) percent of the surface area.

c.

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.

d.

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.

e.

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 Community Development Director or their designee and building official a hazardous condition or an attractive nuisance.

f.

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.

g.

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.

(h)

Certain objects and materials prohibited in all yards.

(1)

The standards set forth in section 26-47(c) shall also apply to properties zoned for multi-family residential uses.

(i)

Construction in fire hazard severity zones (FHSZ).

(1)

The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety.

(2)

This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).

(3)

Construction standards, building materials and design.

a.

All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.

(4)

Vegetation management and defensible space.

a.

All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 17, 3-18-25)

DIVISION 2. - COMMERCIAL MIXED-USE, OFFICE MIXED-USE, AND MANUFACTURING ZONES (OPMU, NMU, SMU, RMU, M-1)

Sec. 26-50. - Purpose and intent by zone.

(a)

Office-professional mixed-use (OPMU) zone.

(1)

The purpose of the office-professional mixed-use (OPMU) 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.

(2)

Office-professional mixed 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.

(b)

Neighborhood-commercial mixed-use (NMU) zone.

(1)

The purpose of the neighborhood-commercial mixed-use (NMU) 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.

(2)

Neighborhood-commercial mixed-use 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.

(c)

Regional-commercial mixed-use (RMU) zone.

(1)

The purpose of the regional-commercial mixed-use (RMU) 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, business and financial services and multi-family residential uses. The dominant establishments are one (1) or more department stores flanked by specialty shops.

(2)

Regional-commercial business and mixed-use 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.

(d)

Service-commercial mixed-use (SMU) zone.

(1)

The purpose of the service-commercial mixed-use (SMU) is to classify and set standards for those retail and service commercial, recreational, business office and multi-family residential 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.

(2)

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.

(e)

Manufacturing (M-1) zone.

(1)

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.

(2)

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.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-51. - Land use regulations and allowable uses.

(a)

Permitted uses. Table 2-12 identifies land uses permitted in each commercial, office and industrial zoning districts.

Table 2-12 Uses and Permit Requirements

Service, recreational, educational and public assembly uses

(b)

Temporary uses subject to an administrative permit. No temporary use provided for in this section shall be permitted, commenced or engaged in until a written permit therefore has been obtained from the Community Development Director or their designee.

(1)

Major temporary uses. Submittal requirements and review process.

a.

An application for a temporary use permit shall be filed with the planning division at least thirty-five (35) days prior to the proposed use. Applicants are encouraged to apply earlier for larger events/projects. All fees are collected upon application submittal. Written evidence of waived fees shall be obtained prior to application submittal and shall be submitted with the application. The planning division shall route the application to the engineering division, police department, and fire department for comments, conditions of approval, and/or recommendations.

b.

The Community Development Director shall render a decision at least twenty (20) days prior to the proposed use.

c.

Any applicant may appeal the action or decision of the Community Development Director or their designee to the Planning Commission within ten (10) days after such action or decision in which case the Planning Commission shall grant or deny such permit. The Planning Commission's decision shall be final.

d.

To approve the application, the Community Development Director (or their designee), or the Planning Commission 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.

(2)

Events/projects considered as a major temporary use.

a.

Carnivals, circuses, and rodeos.

1.

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.

b.

Christmas tree and pumpkin sales.

1.

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.

2.

Indoor sale of items stated in subsection (a) accessory to a permanent use shall not require an administrative permit.

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.

c.

Construction buildings.

1.

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 (1) year.

d.

Firewood sales.

1.

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 one (1) extension of thirty (30) days if the conditions of the original permit have been met, subject to the following conditions:

(i)

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.

(ii)

There shall be no power equipment, other than that necessary for the movement of such wood, on the site.

(iii)

The site shall be treated with gravel, decomposed granite, or other similar material to eliminate wet ground conditions.

(iv)

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.

e.

Vehicle storage. Primary and permanent use of vehicle storage shall not be permitted in any zone. A temporary use as an accessory use for the storage of vehicles may be permitted subject to all of the following conditions:

Temporary use of vehicle storage shall be granted only to an auto dealership with a valid existing business license.

2.

Temporary use of vehicle storage may be permitted on a vacant lot with no discretionary review. Vacant lots used for such purposes shall comply with the following standards:

(i)

Lots shall be gated and fenced with posts that are anchored into the ground and shall not be located on public property or right-of-way.

(ii)

The gates on the fencing to allow vehicle access shall be set back from the curb a minimum of twenty (20) feet.

(iii)

Lots shall have a finished surface of a minimum three (3) inches of gravel base, asphalt concrete or Portland concrete.

(iv)

In such cases where gravel base is installed, a stabilized construction entrance/exit shall be provided in compliance with the most current edition of the Los Angeles County Department of Public Works Best Management Practice Manual.

3.

Temporary use of vehicle storage may be permitted on surplus parking spaces based on standards as set forth in article III, division 6 and shall require the approval of an administrative permit pursuant to article VI, division 6. Time frames for approval shall be as follows:

(i)

Temporary use shall be permitted up to one (1) calendar year from the date of approval. A one-year extension may be approved if the conditions of the original permit have been met.

(ii)

Any request for an extension of time for a temporary use beyond two (2) years shall be subject to Planning Commission review and approval.

f.

Cultural Events.

1.

Events of any educational, civic, or cultural nature may be permitted without time restrictions except as fixed in the conditions of approval.

g.

Major promotional event; commercial center and a business on its own site (not in O-S zones)

1.

A major promotional event may be permitted for a commercial center or a business on its own site (not in O-S zones) subject to the following conditions:

(i)

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.

(ii)

No such event shall start within fourteen (14) days of the end of the previous such event.

(iii)

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.

(iv)

Events held by commercial centers shall be center wide.

(v)

Temporary promotional signage may be permitted as set forth in article III, division 8 (sign regulations).

(vi)

Such other conditions as are deemed necessary by the Community Development Director or their designee 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.

h.

Major promotional event; uses with designated outdoor display areas on approved precise plans.

1.

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 26-30) 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,", subject to the following conditions:

(i)

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.

(ii)

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.

(iii)

The Community Development Director or their designee 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.

(iv)

No such event shall start within fourteen (14) days of the end of the previous such event.

(v)

Temporary promotional signage may be permitted as set forth in article III, division 8.

(vi)

Such other conditions as are deemed necessary by the Community Development Director or their designee and reasonably relate to the provision of adequate parking, access for public safety personnel, security, and minimizing of potential adverse impacts on surrounding areas.

i.

Real estate office.

1.

One temporary real estate office may be located on any new subdivision in any zone, provided that such office shall be removed prior to the building permit final of the last construction phase. If building permits for the site expires and are not renewed, the temporary real estate office must immediately be removed. Said real estate office is to be erected only for use in sale of the subdivision.

j.

Aircraft takeoff and landing.

1.

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.

2.

An administrative 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).

3.

Aircraft activity subject to administrative permit requirements shall not include carnival rides involving helicopters, tethered hot-air balloons or other aircraft.

4.

The landing or liftoff of any manned hot-air balloon used for untethered flight is prohibited on property within the City.

5.

Application for such use shall also include a location map 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.

k.

Nonrecurring fund-raising events in residential and open-space zones.

1.

Swap meets are prohibited in any zone.

2.

No more than three (3) fund-raising events shall be conducted in any one (1) calendar year on any one (1) site.

3.

Fund-raising events are permitted in residential and open space zones not developed with a residential use. Such events are permitted in the commercial portion of the mixed-use zone.

4.

A fund-raising 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-day weekend and the holiday. The hours of operation shall be regulated by the administrative permit.

No such event shall start within thirty (30) days of the end of the previous event.

6.

No sign advertising the fund-raising 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 administrative permit requirements.

7.

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.

(3)

Minor temporary uses or special events.

a.

No minor temporary use or special event, as established under this section, and/or promotional signs as required under article III, division 8 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. All fees are collected upon application submittal. The Community Development 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. 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 Community Development Director or their designee shall become final and effective unless appealed in writing within five (5) calendar days.

b.

Special event—Minor promotional event; commercial business (not in O-S zone).

1.

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.

2.

A special event permit shall be granted for a minor promotional event subject to the following conditions:

(i)

No more than twelve (12) events, with a maximum of thirty-six (36) days, shall be permitted per calendar year.

(ii)

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.

(iii)

Temporary promotional signage may be permitted as set forth in article III, division 8 (Sign Regulations).

(iv)

Such other conditions as deemed by the Community Development Director or their designee to be necessary and reasonably relate to reducing potential adverse impacts on surrounding areas.

(4)

Temporary uses not listed.

a.

For other temporary uses not listed, the Community Development Director may, at their discretion, determine whether an unlisted temporary use should be classified as a major or minor temporary use. This determination shall be based upon the similarities and differences with the above listed uses and an assessment of the proposed temporary use's compatibility with the zoning district and surrounding land uses.

(5)

Events not subject to planning division approval of temporary use permits.

a.

Noncommercial weddings and other single-day life events such as birthdays in any residential zone or residential segment of the mixed-use zones shall not be subject to a temporary use permit.

b.

Civic events or events requiring a reservation/use agreement from the public services department solely located on a City owned/operated park or the civic center shall not be subject to a temporary use permit. City owned/operated parks and the civic center are designed and intended for public assembly uses.

c.

School functions (student sport events, graduation, etc.) on permitted/approved school sites shall not be subject to a temporary use permit. Events not related to a school function shall require approval of a temporary use or special event permit pursuant to this section.

d.

Uses that are allowed as a home occupation pursuant to section 26-120 (home occupation).

e.

Uses that are approved through the film permit process pursuant to article VI, division 8 (film permit).

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 18, 3-18-25)

Sec. 26-52. - Development standards.

New land uses, structures, and site development including alterations to existing land uses, structures, and site development within office mixed-use, commercial mixed-use and manufacturing zoning districts shall be designed and constructed in compliance with the following requirements, and all applicable standards in article III (regulations applicable to all zones) and article IV (standards for specific land uses) of this Development Code.

(a)

Site size.

(1)

All sites shall conform to the dimensions set forth in this section. A development or center may be a combination of many parcels totaling at least the required site size, but its design must be integrated and unified.

Table 2-13 Minimum Lot Size for Commercial and Office Mixed-Use and Industrial Zones

(b)

Yards.

(1)

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. Trees shall be placed at a minimum of thirty (30) feet on center, on average, for this screen. Such landscaping shall be to the approval of the Community Development Director or their designee as represented on the approved landscaping plan.

c.

When the rear of a site zoned OPMU, NMU, RMU or SMU 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.

Table 2-14 Minimum Required Setbacks for Commercial and Office Mixed-Use and Industrial Zones Adjacent to Residential Zones

PP*: No yards/setbacks required except such as may be incorporated in a precise plan, conditional use permit and/or variance.

Table 2-15 Minimum Required Setbacks for Commercial and Office Mixed-Use and Industrial Zones Adjacent to Nonresidential Zones

(c)

Building coverage. Building coverage of any lot, parcel or center shall not exceed fifty (50) percent of the lot, parcel, or site after all necessary street or alley dedications. A parking structure shall not be calculated as building area provided that a minimum of twelve (12) percent of the total net area of the development is landscaped.

(d)

Height limit.

(1)

Buildings within the nonresidential zone, when within charted feet of a single-family zone, shall have a maximum height as follows:

Table 2-16 Maximum Building Height for Office and Commercial Mixed-Use and Industrial Zones

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-53. - Additional regulations for commercial mixed-use, office mixed-use and manufacturing zones.

(a)

Precise plan of design.

(1)

A precise plan of design will be required as specified in article VI, division 3 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.

(2)

The filing of a precise plan of design shall be required as part of an application for a mixed-use development and as specified in article VI, division 3, of this chapter. Such precise plans of design shall conform to Planning Commission Resolution No. 567. The review and approval process for an eligible

Senate Bill 35 (SB35) housing project shall adhere to California Government Code Section 65913.4, as amended.

(b)

Recycling collection and loading areas.

(1)

When used, all outdoor trash, garbage, recycling and refuse containers shall be screened on all sides from public view by a minimum five and one-half (5½) foot high concrete, masonry or decorative block wall and the opening provided with a gate of solid material. The enclosure shall have a solid roof or coverage that is architecturally compatible with other structures on site. Such area shall be so located as to be easily accessible for trash and recyclable material pick up.

(2)

Any new or existing multi-family development project of five (5) or more units or producing four (4) cubic yards or more of green/yard waste per week shall provide adequate, accessible and convenient areas for collecting and loading recyclable and organics recycling materials as defined in this section. These requirements may be waived if the applicant proposes to have the landscaping and/or maintenance company haul and recycle green/yard waste. Projects electing this alternative will be conditioned to provide this service and will be required to provide the landscape maintenance agreement stating such prior to the issuance of a Certificate of Occupancy.

(3)

The following guidelines will be applied to development projects providing enclosures:

a.

Recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation.

b.

The design and construction of recycling areas shall be secure.

c.

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.

d.

Areas for recycling and organics recycling shall be adequate in capacity, number, and distribution to serve the development project.

(4)

The Community Development Director or their designee shall review each application for adequate design and area allocation suitable to the particular recycling and organics recycling program or process to be in effect at the development project and shall apply these requirements and guidelines accordingly.

(5)

Any and all separate recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be part of or adjacent to the solid waste collection areas.

(c)

Color.

(1)

Colors, materials and finishes are to be coordinated on all exterior building elevations to achieve total continuity of design that is visually pleasing and harmonious with adjacent development and/or the surrounding area.

(d)

Lighting.

(1)

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.

a.

All luminaries shall be designed and placed to complement the development. Luminaries attached to a building shall be concealed, wall-mounted or recessed fixtures.

b.

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.

c.

Exposed tube architectural lighting shall not constitute undue glare or nuisance to adjoining street and properties.

d.

Neon architectural lighting shall be limited to thirty (30) milliamps, except that a Community Development Director or their designee'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.

e.

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, division 3 of this chapter. A precise plan shall be required where no precise plan exists, for structures built prior to the precise plan requirement in article VI, division 3 of this chapter.

f.

Neon architectural lighting shall be approved pursuant to the Municipal Code requirements for neon signs in article III, division 8.

(e)

Exterior design.

(1)

No part of a roof, excluding mansards, may project above the parapet.

(2)

All exterior walls shall be architecturally treated to provide aesthetic relief.

(f)

Nonconversion.

(1)

No single-family residential structure may be converted to a nonresidential use without approval of a precise plan.

(g)

Underground utilities.

(1)

All utilities shall be underground in accordance with the Municipal Code and approved by the City Engineer.

(h)

Nuisances.

(1)

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.

(i)

Landscaping criteria.

(1)

Landscaping within mixed-use and industrial zones shall conform to the landscaping standards set forth in article III, division 5.

(j)

Walls and fences.

(1)

Walls and fences within mixed-use and industrial zones shall conform to the standards set forth in article III, division 3.

(k)

Mechanical equipment and loading in commercial and industrial zones.

(1)

All rooftop 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.

(l)

Maintenance of buildings, structures and parking lots.

(1)

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:

a.

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 Community Development Director or their designee and building official.

b.

Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess to ten (10) percent of the surface area.

c.

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.

d.

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.

e.

Any and all signage shall conform to the standards set forth in article III, division 8.

f.

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 Community Development Director or their designee and building official a hazardous condition or an attractive nuisance.

g.

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.

h.

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.

i.

All landscaping shall conform to the standards set forth in article III, division 5.

j.

Parking lots design and areas shall conform to the standards set forth in article III, division 6.

k.

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.

l.

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.

(m)

Construction in fire hazard severity zones (FHSZ).

(1)

The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety.

(2)

This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).

(3)

Construction standards, building materials and design.

a.

All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.

(4)

Vegetation management and defensible space.

a.

All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-54. - Development standards for residential development in mixed-use zones.

(a)

Building design and design standards.

(1)

All multi-family housing units shall comply with the general building design and site design standards in the West Covina Multi-Family Objective Design Standards document. The approved architectural treatment shall be used throughout the development.

(2)

A minimum of fifty (50) percent of the proposed dwelling units shall have direct pedestrian access from the dwelling unit to an exterior walkway along a street, drive, paseo, or park/open space without going through. A common breezeway or hallway does not meet this requirement. The area bounded by Citrus Street to the west, Workman Street to the north, Barranca Avenue to the east, and the Interstate 10 to the south (also known as Eastland Center) is exempt from this requirement due to the higher intensity envisioned for this area.

(3)

All projects where at least sixty-six (66) percent of the proposed new square footage is intended for residential occupancy shall comply with the West Covina Multi-Family Objective Design Standards.

(b)

Contents of copies of CC&R's.

(1)

Copies of conditions, covenants and restrictions that will apply to a proposed condominium project shall be submitted after the approval of a project and approved by the Community Development Director or their designee and City Attorney, and recorded by the applicant. These CC & R's shall:

a.

Provide a statement that ensures that each residential unit shall be used as a residence for a one family unit only.

b.

Provide for perpetual maintenance of grounds and buildings.

c.

Include a full statement of the age of the building and any modification and refurbishing started or completed within one (1) year of offering the project for sale as a condominium.

d.

Provide an explanation to the buyer of his responsibility for sharing the maintenance and upkeep of buildings and structures within the project other than his own unit.

e.

Provide that the names of the officers and members of the board of governors or homeowners association shall be filed annually with the City clerk.

f.

Include the following certificate on the title sheet dedication clause of the subdivision map: "WE HEREBY DEDICATE TO THE CITY OF WEST COVINA THE RIGHT TO PROHIBIT THE CONSTRUCTION OF ADDITIONAL RESIDENTIAL BUILDINGS THEREON, EXCEPT FOR ADDITIONAL PARKING, RECREATIONAL FACILITIES, AND ACCESSORY BUILDINGS OVER THE AREA DESIGNATED AS THE COMMON AREA."

(c)

Density.

(1)

The maximum number of dwelling units shall not exceed twenty (20) units per gross acre. Contiguous parcels which are part of a large, multi-building and multi-use development shall be considered as one (1) site, provided the residential and commercial uses are integrated and pedestrian connections are provided from any residential building to commercial buildings.

(d)

Vehicles in the mixed-use zones with residential development.

(1)

The provisions of article III, division 6 shall apply to the size, number and location of parked and stored vehicles within the mixed-use zone.

(e)

Floor area ratio.

(1)

There shall be a minimum gross floor area ratio of 0.15 of leasable commercial square footage.

(2)

The floor area ratio may be calculated on an area wide basis for contiguous parcels which are part of a large, multi-building development. To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer of each parcel must record deed restrictions preserving the minimum floor area ratio of commercial square footage for the multi-building development.

(3)

Subterranean and above-grade parking structures shall not be included in the required minimum floor area ratio.

(f)

Building setbacks from property lines.

(1)

The building setback from the property lines shall be governed by the following table:

Table 2-17 Building Setbacks from Property Lines

(g)

Building separation.

(1)

The minimum building separation between main buildings shall be ten (10) feet or as required by the California Building Code, whichever is more restrictive.

(2)

There shall be no minimum building separation between a main building and an accessory building or between accessory buildings, except as required by the California Building Code.

(h)

Maximum building height.

(1)

Maximum building height when within one hundred (100) feet of the residential agriculture (R-A) or residential single-family (R-1) zones or an existing single-family residential use shall be forty-five (45) feet.

(2)

All buildings containing any residential use shall be limited to forty-five (45) feet, except within the area bounded by Citrus Street to the west, Workman Street to the north, Barranca Avenue to the east, and the Interstate 10 to the south (also known as Eastland Center) shall have a maximum building height of seven (7) stories or eighty-five (85) feet.

(3)

Buildings containing only non-residential uses have no height limit, except as described above and as limited by the Federal Aviation Administration (FAA).

(i)

Open space.

(1)

Open space standards shall comply with the standards set forth in section 26-48(i).

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 3. - SPECIAL PURPOSE ZONES (O-S, S-P)

Sec. 26-55. - Purpose and intent of special purpose zones.

(a)

Open space (O-S) zone.

(1)

The purpose of the open space zone is to identify and set forth permitted uses, and standards of development within open space lands.

(2)

Open space zoned land may be located anywhere in the City provided it is consistent with the City's adopted policies and plans.

(b)

Specific Plan (S-P) zone.

(1)

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 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.

(2)

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.

(3)

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. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-56. - Land use regulations and allowable uses.

(a)

Permitted uses. Table 2-18 identifies land uses permitted in special purpose zones.

Table 2-18 Uses and Permit Requirements

Uses and Permit Requirements

(b)

Uses allowed within the Specific Plan area are the uses set forth in the adopted Specific Plan as permitted, conditionally permitted or not permitted.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-57. - Development standards for special purpose zones.

(a)

Development standards for O-S zone.

(1)

Building coverage.

a.

Building coverage of any lot, parcel or center shall not exceed fifty (50) percent of the lot, parcel, or site after all necessary street or alley dedications.

(2)

Building setbacks from property lines.

a.

The building setback from the property lines shall be governed by the following table:

Table 2-20 Minimum Required Setbacks for the O-S Zone.

(3)

Building separation.

a.

The minimum building separation between main buildings shall be ten (10) feet or as required by the California Building Code, whichever is more restrictive.

b.

There shall be no minimum building separation between a main building and an accessory building or between accessory buildings, except as required by the California Building Code.

(4)

Maximum building height.

a.

The maximum building height shall be twenty-five (25) feet.

(b)

Construction in fire hazard severity zones (FHSZ).

(1)

The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety.

(2)

This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).

(3)

Construction standards, building materials and design.

a.

All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.

(4)

Vegetation management and defensible space.

a.

All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code.

(c)

Development standards within the Specific Plan area are the standards set forth in the adopted Specific Plan.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 4. - OVERLAY ZONES (HILLSIDE, PLANNED COMMUNITY AND RESIDENTIAL DEVELOPMENT, AUTO PLAZA, ANIMAL KEEPING)

Sec. 26-58. - Purpose and intent of overlay zones.

The purpose of overlay zones is to define geographic areas on the zoning map where special requirements or limitations apply, in addition to standards set forth for the underlying base zoning district.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Purpose. It is the intent of the City that undeveloped land designated as being within the hillside overlay zone, be developed according to the guiding principles and standards of this division in order to accomplish the following:

(1)

To assure the orderly development of hillside areas.

(2)

To achieve land use densities that are in conformance with the General Plan; however, the uniformity of these densities will be modified by, (1) prohibiting development on excessively steep slopes and (2) permitting "density transfers" in order to achieve specific economic, energy, environmental and aesthetic objectives.

(3)

To promote a development pattern that balances economics with environmental concerns, and private property rights with the public interest.

(4)

To assure land planning and development patterns that take into account the cost-benefits of alternative designs upon City services and fiscal resources.

(5)

To assure development patterns that will minimize the utilization of the critically scarce resources, water and energy.

(6)

To encourage hillside development that will leave a residual amount and pattern of undeveloped land, to form the nucleus of a viable open space system in the San Jose Hills.

(7)

To assure the placement of hillside development so that the open space will coincide with areas of critical environmental concern and/or recreational opportunity.

(8)

To assure that well-designed residential development occurs, that is compatible with the site and the adjacent hillsides.

(9)

To assure that hillside development demonstrates a concern for the view of the hills as well as the view from the hills to retain the sense of identity and image that these hill areas impart to the City and its environs.

(10)

To assure that streets, public utilities and facilities are designed and constructed in an orderly, well managed, planned manner; with each development taking into consideration its impact on existing and future development in the area.

(b)

Application.

(1)

Hillside areas shall be designated on the zoning map by an "H" overlay zone. The provisions of the base zone shall apply except that the provisions of this article shall supersede conflicting provisions of the base zone.

(2)

Before the "H" overlay zone is applied to, or removed from, the zoning map, the Planning Commission shall hold a hearing and based on the evidence presented, the commission shall determine whether the area should be so designated/undesignated. Notice of such hearing shall be in the manner prescribed in this chapter.

(c)

Procedure.

(1)

The developer of any proposed development in the hillside (H) overlay zone that involves a division of land, shall submit: (1) a site plan; (2) exterior elevations of the residences; and (3) a scale model for any

subdivision in conjunction with the tentative map. The site plan will be reviewed for compliance with this division, the subdivision map act, the General Plan, applicable specific plans, this chapter, grading ordinances, etc.

(2)

Site plans shall include:

a.

The location of the dwelling units on the building pads;

b.

Delineation of the planted and unplanted portions of the site;

c.

Fire trails/roads;

d.

Structures in the open space areas; and

e.

Any other information the planning division deems is necessary for review.

(3)

No division of land or site plan shall be approved which does not accommodate or provide for sewage disposal and water capacity sufficient to permit an extension of the facilities to serve other adjacent areas which are affected by the division of land or site plan.

(4)

In addition to the above, the following reports shall be submitted for staff and Planning Commission review when a development site falls within a hazardous geologic area as defined by the adopted seismic safety element of the General Plan:

a.

An engineering geologic investigation based on the most recent grading plan and including adequate description of the geology of the site and conclusions and recommendations regarding the affect of geologic conditions on the development.

b.

A soils engineering investigation based on the most recent grading plan and including data regarding the nature, distribution, and strength of soils, conclusions, and recommendations for grading procedures, and design criteria for corrective measures.

(d)

Slope computation.

(1)

The average slope of a lot or parcel shall be calculated for the purposes of this division according to the formula: S = 100IL/A

a.

Where:

S is the average slope in percent.

I is the contour interval in feet.

L is the combined length of contour lines in scale feet.

A is the gross area in acres of the parcel or as applicable.

b.

In measuring the slope, a topographic base map shall be used which meets the requirements for tentative maps as specified in the City's subdivision ordinance. Measurement along contours shall be made at contour intervals not to exceed ten (10) feet.

(e)

Prohibitions on development of excessive slopes. Any substantial portion of hillside area over forty-five (45) percent slope must be left in an essentially natural, ungraded state. Furthermore, it is intended that minimal grading be performed on slopes in excess of thirty-five (35) percent, wherever possible.

(f)

Permitted density. The maximum density of any one (1) property within the hillside (H) overlay zone shall be one (1) dwelling unit per gross acre. This maximum density may not be obtained on sites containing extensive areas of steeply sloped terrain.

(g)

Density transfer.

(1)

The number of residential units permitted a property (based on one (1) dwelling unit per gross acre) may be transferred and concentrated to a portion of the site when the criteria outlined below occur. The minimum lot size, in such case, shall be twenty thousand (20,000) square feet. The residual open space areas, which are to remain free of residences, shall conform to the standards outlined in section 26-59(j).

(2)

The density transfer shall be applied to all hillside (H) properties where:

a.

A density transfer will substantially lessen the per unit utility and improvement costs to the developer and to the prospective homebuyer.

b.

A density transfer will substantially lessen the service costs.

c.

A density transfer will preserve substantial portions of the hillside critical for natural processes, scenic beauty, wildlife habitat etc., in an essentially natural state.

d.

A density transfer will leave substantial portions of the site ungraded.

(3)

It is the intent of this section, that hillside (H) properties utilize the density transfer wherever it is feasible to do so.

(h)

Design standards for lots utilizing density transfer.

(1)

The following standards will be adhered to for proposed divisions of land in the hillside (H) overlay zone, that are transferring density. Modifications of these standards will only be permitted where it can be demonstrated to the Planning Commission that strict interpretation of such standards will prove to be impractical due to the variable nature of hillsides and shall not be detrimental to the environment:

a.

The minimum lot size shall be twenty thousand (20,000) square feet.

b.

The minimum lot width shall be eighty (80) feet and the minimum lot depth shall be one hundred twenty-five (125) feet.

c.

The setback standards shall conform to those of the underlying zone. Variable front yard setbacks may be required where pad size and other environmental considerations permit.

d.

Building design shall be compatible to the specific site, the hillside, and neighboring developments.

e.

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five-foot setback from location of slope unless waived by the City building and fire departments.

f.

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the Planning Commission and then City Council may be taken by filing a written notice of appeal with the City clerk, together with a thirty dollar ($30.00) appeal fee.

(i)

Design standards for lots not utilizing density transfer.

(1)

The following standards will be adhered to for all proposed divisions of land in the hillside (H) overlay zone, that are not transferring density in accordance with section 26-59(g).

a.

Minimum lot size shall be one (1) acre (forty-three thousand five hundred sixty (43,560) square feet). Lot dimensions, setback standards, maximum building coverage and other zoning requirements shall conform to Area District V standards.

b.

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five (25) foot setback from location of slope unless waived by the City building and fire departments.

c.

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the Planning Commission and then the City Council may be taken by filing a written notice of appeal with the City clerk, together with a thirty dollar ($30.00) appeal fee.

(j)

Criteria for selecting the open space areas in a density transfer design.

(1)

The developer in formulating, and the planning division/ Planning Commission in reviewing, a site plan for a density transfer design, shall abide by the following criteria in selecting the open space areas.

a.

Lands with steep slopes.

b.

Lands that have outstanding scenic or ecological value.

c.

Lands that would assist in the creation of an open space system.

(k)

Regulations for open space areas.

(1)

Such lands shall be preserved in essentially their natural state as a collective private open space owned, maintained and enjoyed by the tract's residents.

(2)

Development in the common open space areas will be prohibited in a recorded deed restriction, with authority vested in the City to enforce the restriction.

(3)

The City may require easements for public access through portions of these open space areas. Such easements will be conditions of tentative map approval and shall be delineated on the final map.

(l)

Landscaping plans.

(1)

As a condition to the approval of (and prior to the recordation of) a final map landscaping plans including planting design and an irrigation system (all of which are prepared by a licensed landscape architect) shall be submitted by the applicant for review and approval by the Community Development Director or their designee or duly authorized representative.

(2)

In acting upon landscaping plans, the Community Development Director or their designee shall consider the screening of trash enclosures, parking areas in multiple residential developments, the planting of slopes

for both stabilization and appearance, and fire resistance, durability, size, and quality of the proposed plant material. If required, the developer shall assume all costs to provide proof, that the above requirements are met.

(3)

Applicant shall prepare a statement of the quality of existing vegetation in regard to its ability to prevent soil erosion, and provide fire resistance. If existing vegetation is unacceptable to the appropriate departments in terms of these qualities, it shall be replaced by acceptable material.

(4)

Planting and irrigation system plans shall address the following:

a.

All cut and fill slopes shall be planted with deep-rooted plants that are able to acclimate to the proposed environment. A permanent irrigation (as approved by the Community Development Director or their designee) shall be installed to uniformly cover all planted areas.

b.

Slope planting and irrigation systems shall be provided by the developer on all slopes greater than four (4) feet vertical height. Slopes shall be adequately planted with landscaping consisting of a minimum of onethird (⅓) shrubs and trees. The remainder may be grass or ground cover and trees and shrubs. The final plans showing the landscaping and irrigation shall be subject to the approval of the Community Development Director or their designee. All planting and irrigation systems shall be complete and operative before final approval of the grading, or issuance of occupancy on the residence.

c.

Plants consisting of grass, groundcover, shrubs, and trees as recommended in the planting schedule shall be used. In addition to ground cover plants, approved shrubs having a minimum one (1) gallon size at ten (10) feet on center in both directions on the slope, or trees having a minimum five (5) gallon size at twenty (20) feet on center both ways may be used. A combination of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of the landscape architect and approval of the Community Development Director or their designee.

d.

Irrigation details. Fully automated irrigation systems are required unless waived by the Planning Commission; however, the owner shall be responsible for watering the slopes which have been planted at sufficient time intervals to promote growth.

1.

Minimum requirements for low slopes to fifteen (15) feet in vertical height:

(i)

A sprinkler system shall be installed to irrigate such slopes at the time the house plumbing is installed.

(ii)

If the Community Development Director or their designee finds the slope is located in an area which makes hand watering possible conveniently located hose bibs will be accepted in lieu of the required sprinkler system when a hose no longer than fifty (50) feet can be utilized.

2.

Minimum requirements for medium slopes fifteen (15) feet or higher in vertical height: An adequate sprinkler system shall be installed during grading prior to planting of shrubs and trees and before final grading is approved by the building official.

3.

Special requirements for sprinkler systems:

(i)

Plans, specifications, and calculations for the sprinkler system shall be submitted to and approved by the Community Development Director or their designee prior to installation.

(ii)

Sprinkler systems shall be designed to provide a uniform water coverage at a rate of precipitation of not less than one-tenth inch per hour nor more than three-tenths inch per hour on the planted slope. In no event shall the rate of precipitation or duration of sprinkling be permitted to create an erosion problem or allow the discharge of excess water into any public or private street.

(iii)

A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.

(iv)

A functional test of the sprinkler system shall be performed by the installer prior to approval.

(v)

Sprinkler systems shall be fully automatic unless waived by the Planning Commission.

(vi)

The irrigation system shall comply with article III, division 5 and Planning Commission Resolution No. 1192-4718.

Planning Commission Resolution No. 11-92-4718 contains a list of plants identified as meeting the purpose and intent of the water efficient landscape ordinance.

(5)

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 Community Development Director or their designee. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of article III, division 5 of this Code and Planning Commission Resolution No. 11-924718.

(6)

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, non-irrigated 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 performed in compliance with acceptable standards as set forth by The Western chapter International Society of Arborists.

(7)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in article III, division 5 of this Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.

(m)

Landscape Maintenance. The developer shall plant, water, and maintain each graded slope on unsold property developed with structures until all properties within the development have been occupied. Plants shall be maintained, and replaced, if necessary, until the property is sold. Grading bonds shall not be released until the building and planning officials certify that the planting meets the requirements of this division.

(n)

Incentives. In order to encourage developers to build in a manner more suitable to the hillsides, the following incentive is available: Building heights, as permitted in this chapter, may be increased by variance approval above that which is normally allowed when compatible to the surrounding areas. The views from adjacent or neighboring parcels shall not be adversely affected by any such height increase.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-60. - Planned community and residential development overlay.

(a)

Purpose.

(1)

Planned community development:

a.

Provide the developer with greater flexibility in site design, density and housing unit operations in order to stimulate variety and innovation within the framework of a quality residential environment.

b.

Direct new community growth and development in the process of implementing the General Plan.

c.

Achieve more interest, individuality and character within and among neighborhoods.

d.

Provide criteria for the inclusion of compatible uses designed to service the residential developments within the community.

e.

Encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional, well-balanced community.

(2)

Planned residential development:

a.

Encourage a more desirable living environment;

b.

Encourage a more efficient, desirable and aesthetic use of land through utilization of modern innovations in residential developments;

c.

Encourage the reservation of a greater proportion of land for common open areas;

d.

Encourage the retention of natural slopes, waterways and other natural features by utilizing such areas as open space;

e.

Encourage more efficient use of those public facilities required in connection with such residential development; and

f.

Insure compatibility with established residential areas.

(b)

Establishment of PRD overlay zone.

(1)

A planned residential development overlay zone shall be established only in conjunction with a residential zone and shall be designated on the official zoning map with the symbol "PRD" in conjunction with the underlying zone classification, i.e., "R-1 PRD."

(c)

Classification Criteria. The following general criteria are hereby established for use in the classification or reclassification of land to the planned community or planned residential development:

(1)

General Plan. Compliance with the General Plan shall be established.

(2)

Site area.

a.

A minimum of one hundred (100) acres shall be required for a planned community development.

b.

A planned residential development may be established on land that is zoned R-1, MF-15, MF-20 or MF-45 and which is suitable for, and of sufficient size, to be planned and developed in a manner consistent with the purpose of this division.

(3)

Any application for an overlay zone shall be accompanied by a master plan for the entire area covered by the application.

(4)

All land in a proposed overlay zone shall be held in one (1) ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone.

(5)

The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) are adequate, or new systems shall be constructed to adequately serve the development.

(d)

Application.

(1)

An application for an overlay zone shall be submitted by the owner, his authorized agent, or the purchaser of the land with the consent of the owner.

(2)

The application shall be accompanied by the following which should be prepared by a qualified professional team:

a.

Topographical maps of existing terrain drawn to a minimum five (5) foot contour.

b.

A generalized grading plan which indicates proposed earth movement and the results of such movement.

c.

A utility map or statement reflecting a utility system which includes, but is not limited to, sewer, water, and gas capable of serving the entire development.

d.

A master plan which shall show:

1.

Location and boundaries of the proposed development.

2.

The general type, character, and heights of all buildings or structures; e.g., single family houses, townhouses, or cluster houses.

3.

Proposed densities of all areas scheduled for residential development.

4.

Proposed uses of all and including residential, school sites, public and private recreational facilities, all common open space, and in the PCD zone commercial and professional centers and industrial facilities.

5.

Natural features that are to be retained; i.e., stands of trees, rock outcroppings, canyons, natural slopes, etc.

6.

The location and width of public and private streets which shall be consistent with the master plan of streets.

e.

Proposed site development standards for all residential, commercial and industrial uses.

f.

The location and width of public and private streets.

g.

Site data, including acreage in total development, total acreage in each density classification, school sites, church sites, commercial sites and industrial sites, total acreage devoted to common open space and minimum lot sizes.

(e)

Application fee. An application for an overlay zone shall be accompanied by a filing fee as specified in section 26-184.

(f)

Procedure.

(1)

Upon receipt of an application for an overlay zone, the Planning Commission shall hold a public hearing on such application. If it finds the criteria set forth herein have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare.

(2)

The decisions and findings of the Planning Commission:

a.

On planned residential development applications, shall be final unless appealed to the City Council.

b.

On planned community development applications, shall be forwarded along with the community master plan to the City Council. The City Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the City Council shall be final.

(g)

Public hearing and appeal procedure. Public hearing and appeal procedure shall be set forth by article VI, division 1 of this Development Code.

(h)

Termination of overlay zone.

(1)

The overlay zone, and any master plan or other material approved as a part thereof, shall become null and void if the physical development of the district is not commenced within two (2) years from date of adoption of the resolution establishing the zone.

(2)

An extension of time, not to exceed one (1) year, may be granted by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not been commenced and such overlay zone has not been utilized.

(i)

Approval of a development plan.

(1)

After the establishment of an overlay zone and prior to the termination date as specified in section 26-60(h), an application for approval of a development plan which is in substantial conformance with the approved master plan shall be filed with the Planning Commission. A development plan may cover all or a portion of the district. No building permit shall be issued for any new building or structure unless a development plan covering the area has been approved.

(2)

A development plan shall contain the material herein specified and shall be prepared by a qualified professional team.

a.

The exact boundaries and legal description of the property to be developed.

b.

All proposed improvements that are to be constructed on the land and their precise locations including, but not limited to, all residential facilities, walls and fences, trash areas, streets, and walk areas.

c.

Common open space showing size, grades, and function upon completion.

d.

The location and dimension of all off-street parking facilities, public and private.

e.

The location and size of any public or quasi-public facilities such as schools, churches, and parks.

f.

A tabulation of the percentage of total building coverage of the development.

g.

A tabulation of densities within each project area or sector.

(3)

Building elevations of typical architectural styles to be constructed.

(4)

A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces.

(5)

Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet.

(6)

If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the City subdivision ordinance and the state subdivision map act.

(7)

A proposed construction schedule from groundbreaking to occupancy. All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(j)

Common open space.

(1)

All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one (1) or a combination of the following three (3) methods of administering common open space.

a.

Dedication of common open space to the City, which is subject to formal acceptance.

b.

Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space.

c.

Retention of ownership, control and maintenance of all common open space by the developer. All privately owned common open space shall continue as such and shall only be used in accordance with the development plan. Appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space.

(k)

Design criteria.

(1)

The following design criteria are hereby established:

a.

The overall plan shall achieve an integrated land and building relationship.

b.

Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site.

c.

The layout of structures and other facilities shall effect a conservation in street and utility improvements.

d.

Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units.

e.

Architectural unit and harmony within the development and with the surrounding properties shall be attained.

(l)

Procedure for development plan application.

(1)

The owner, his authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Planning Commission. The Planning Commission shall hold a public hearing on such application. It may approve the development plan if it finds the criteria set forth herein have been satisfied subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Planning Commission shall be final unless appealed to the City Council.

(m)

Public hearing and appeal. Public hearing and appeal procedure shall be governed by article VI, division 1 of this chapter.

(n)

Application fee. An application for a development plan shall be accompanied by a filing fee as established by a resolution of the City Council.

(o)

Development standards for planned residential development zone.

(1)

The development standards of the underlying zone shall apply to a planned residential development unless they are inconsistent or in conflict with the following standards which shall control:

a.

Density. In any PRD overlay zone, the number of dwelling units per net acre of land shall not exceed the number of dwelling units permitted by the underlying zone except as provided in this paragraph.

b.

For the purpose of calculating the number of dwelling units permitted by the underlying zone, the following table shall be used:

Table 2-21 Dwelling Units Per Acre for Residential Zones

c.

The number of dwelling units per net acre of land may be increased by up to 30 percent if approved by the Planning Commission, provided that the gross density of the development does not exceed the densities identified in Table 2-21.

d.

Minimum lot sizes. Every lot or parcel utilized for a residential structure shall have a minimum width of twenty-four (24) feet. Each such lot shall front for a distance of not less than twenty (20) feet upon a public or private street or pedestrian accessway.

e.

Building heights. Building heights of the underlying zone may be waived to allow greater flexibility with the development. Consideration shall be given to building heights in relation to adjacent property and building inter-relationship within the development.

f.

Yards. The following front, side, and rear yards shall be shown on the development plan and maintained:

1.

Front. There shall be an average front yard of not less than fifteen (15) feet for any building measured from the curbline of private streets and from the property line for dedicated streets. A maximum six-foot-high wall or fence may be placed within any front yard setback, provided such wall or fence is set back five (5) feet from the right-of-way line of dedicated streets or ten (10) feet from the curbline of private streets. Such setback area shall be landscaped.

2.

Side. There need be no side yard provided. However, each development plan will be reviewed to ensure that adequate provisions are made for light and air and free pedestrian movement.

Rear. When the rear of a dwelling unit is adjacent to common open space and accessible thereto, a rear yard need not be provided. A fifteen-foot rear yard shall be provided when the rear of a dwelling unit abuts adjacent private property.

4.

Fire accessways. Each development plan shall provide adequate accessways for free movement of men and equipment to provide appropriate firefighting capabilities. Such accessways shall be a minimum of five (5) feet in width and approved by the City fire department.

g.

Off-street parking. Off-street parking shall be required to conform to the current City standards as specified in the underlying zone.

1.

Covered or open parking compounds may be designed as a functional part of the development. Parking compounds shall be conveniently accessible and adequately screened through the use of walls or landscaping. The arrangement and access for all parking compounds or parking spaces shall conform to City standards.

h.

Ground coverage. Total ground coverage of the entire development (not individual lot) shall not exceed that allowed by the underlying zone.

i.

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This provision need not apply to structures which are three (3) or more stories high.

(p)

Development standards for planned community development zone.

(1)

All development within the planned community development shall meet the following minimum requirements:

a.

Density. All densities shall conform to the approved community master plan.

b.

Building coverage. The maximum building coverage shall not exceed fifty (50) percent of the area covered by the development plan exclusive of all dedicated public rights-of-way. In determining the coverage

(ground area of each dwelling) covered parking and garages shall be included.

c.

Off-street parking. Off-street parking shall conform to the current City standards as specified in article III, division 6 of this chapter.

d.

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This requirement does not apply to structures three (3) or more stories in height.

e.

Utilities. All utilities shall be underground in accordance with the Municipal Code and approved by the City Engineer.

f.

Signs. Sign provisions contained in the most restrictive zone classification for each use allowed shall apply.

g.

Other. All other standards as specified by the approved community master plan and text and development plan and text shall be strictly adhered to.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-61. - Auto plaza overlay.

(a)

Purpose. The purpose of the auto plaza overlay zone is to preserve the City's auto plaza area to accomplish the City's goal of maintaining an established area designed for new vehicle franchise dealerships in order to make its services more accessible to the public, and to promote economic development within the City.

(b)

Location. The auto plaza overlay zone shall consist of service-commercial (S-C) zoned properties located south of the Interstate 10 Freeway, north of Norma Avenue, west of Baymar Street, and east of Azusa Avenue.

(c)

Permitted uses.

(1)

Permitted uses on any lot or premises within the auto plaza overlay zone shall be limited to the following:

a.

The sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building.

1.

The sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building.

b.

Accessory uses.

1.

The sales of used vehicles operated by the same franchise dealership or automaker operating the primary use.

(i)

Used vehicle inventory on the site shall be limited to no more than thirty (30) percent of the total new vehicle inventory on the same site.

(ii)

Outdoor display of used vehicles is allowed provided that all administrative functions are at all times conducted within an enclosed building.

2.

Vehicle service shop for maintenance and repair.

3.

Car wash.

(i)

The car wash shall only be used to clean the dealership's vehicle inventory and/or to clean vehicles receiving maintenance or repair services.

(ii)

The car wash shall not be made available for public use.

4.

Electric vehicle charging station.

Vehicle rental services shall only to be made available to customers utilizing services offered by the dealership.

c.

Temporary uses.

1.

Filming.

(i)

Filming or filmmaking on any lot or premises shall be limited to advertisement purposes promoting the dealership on the site.

(ii)

Filming shall only be allowed on a lot or property occupied with a new vehicle dealership with an active business license.

(iii)

Filming shall comply with the provisions of article VI, division 8 (film permit).

(d)

Security lighting requirement. All properties located within the auto plaza overlay zone shall have all its parking lot/vehicle display light standards/poles brightly lit from sunset until 9:00 p.m. Parking lot/vehicle display light standards/poles shall automatically be switched to dimmer lighting between 9:00 p.m. and sunrise.

(e)

Development standards. Any proposed development and/or construction within the auto plaza overlay zone shall comply with the development standards set forth in article II, division 2. The provisions set forth in this section 26-61 (auto plaza overlay) shall prevail if any conflicting standards exist.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-62. - Animal keeping overlay zone.

(a)

Purpose. The animal keeping overlay zone consists of properties on the north side of Vanderhoof Drive, including Tract 12292, Lots 18 through 27 (addresses 2633, 2641, 2653, 2707, 2715, 2727, 2743, 2755, 2769, and 2807 Vanderhoof Drive).

(b)

Permitted Uses. Uses permitted with the animal keeping overlay zone shall be those permitted within the underlying zone, subject to the development standards in the underlying zone and in sections 26-62(c) and 26-62(d).

(c)

Lower pad area development standards.

(1)

The following development standards shall apply to improvements located in the lower pad area of the lots within the overlay zone.

a.

Setbacks. The setbacks for any proposed improvements shall take into account the size of the subject property and the impacts to the neighboring properties. The location of the site of the improvement shall be based on the type of improvement proposed.

b.

Separation of uses. The location of the proposed improvement shall, at a minimum, conform to the separation standards specified in section 26-46(h). Greater separation distances are encouraged to reduce conflicts between uses.

c.

Structural design. The structural design of the improvements shall be compatible with the architecture of the main house on the property and the agrarian nature of the lower pad area.

d.

Screening. Fences, walls, and/or landscaping shall be provided to provide visual separation between properties. Screening shall be sensitive to animal keeping areas in proximity to habitable space/recreational improvements, and vice versa.

(d)

Administrative permit required.

(1)

Prior to the construction of any improvement in the lower pad area such as habitable structures (including accessory dwelling units), nonhabitable structures that require the issuance of a building permit, swimming pools, spas, sports courts, and similar uses (whether or not a building permit is required), an administrative permit shall be required as specified in article VI, division 6 of this chapter 26.

(2)

Before for an administrative use permit for improvements in the lower pad area of the overlay zone may be granted, the following findings must be made:

a.

The proposed improvement at the particular location would not be detrimental to the current or future keeping of animals in the lower pad area of surrounding properties.

b.

The location and design of the improvement has given consideration to the separation of animal keeping areas from habitable space/recreational improvements.

c.

The location and design of the improvement is not detrimental to the privacy of surrounding properties through the usage and placement of windows and doors, view-obscuring walls and/or fences, retaining walls, trees and other buffering landscaping materials.

d.

The development can be adequately served by existing and/or required infrastructure and services.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

ARTICLE III. - REGULATIONS APPLICABLE TO ALL ZONES DIVISION 1. - GENERAL SITE PLANNING AND DEVELOPMENT STANDARDS

The following development standards are set forth to ensure that property in all zones in the City of West Covina will be developed in a uniform and orderly manner which will promote public health, safety, comfort, convenience, and general welfare. These development standards shall be in addition to the property development standards set forth for each zone.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Lot coverage (also referred to as building coverage) is the percentage of the site area covered by structures shall be measured by dividing the number of square feet of horizontal area covered by structures by the total horizontal area within the property boundaries of the site. For purposes of lot coverage, underground parking facilities, parking structures, and semi-covered structures (e.g. trellis lattice patio covers) do not count towards required lot coverage.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-65. - Height measurement and exceptions.

All structures shall comply with the following regulations relating to height, except for fences and walls, which shall conform to standards set forth in article III, division 3 (fences, walls and hedges).

(a)

The height of structures shall not exceed the standards set forth by the applicable zoning district in article II (zones, allowable uses and development standards), except as otherwise provided by this section.

(b)

The maximum allowable height shall be measured as the vertical distance from the finished grade of the site to the top of the roof, as shown in Figure 3-1 below:

Figure 3-1 Measurement of Building Height

==> picture [444 x 168] intentionally omitted <==

(a)

The following height projections are permitted:

(1)

Architectural features, including chimneys, cupolas, steeples, weather vanes, and similar nonstructural element designed to enhance the building architecture, may exceed the height limit by up to ten (10) feet.

a.

Such features shall not exceed a width of twenty-five (25) feet or one-third (⅓) of the length of the structure's façade, whichever is less. Height exceptions shall not be granted for structural features designed or intended to provide floor space. Signs shall not be included within the additional height limits. Lights and poles are not considered architectural features and are not included in this exemption.

(2)

Elevator shafts, stairwells, and roof-mounted mechanical equipment (inclusive of screening for the mechanical equipment) may exceed the height limit by up to ten (10) feet, provided that these elements do not exceed ten (10) percent of the total roof area.

(3)

Parapets on flat roofs may exceed the height limit by up to forty-two (42) inches.

(4)

Solar energy systems (e.g. panels) may exceed the height limit by up to five (5) feet, or the minimum required based on installation cost and/or energy production thresholds established by state law, whichever is less.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-66. - Setback measurement and exceptions.

All structures shall comply with the setback requirements set forth for each zoning district, and with any special setbacks established for specific uses by article II (zones, allowable uses, and development standards), except as otherwise provided by this article.

Figure Figure 3-2 Setbacks

==> picture [336 x 209] intentionally omitted <==

(a)

Setback requirements.

(1)

Each yard shall be open and unobstructed from the ground upward, except as provided in this subsection.

(2)

Yards shall be landscaped in compliance with article III, division 5 (landscaping).

(b)

Exemptions from setback requirements.

(1)

Fences or walls constructed within the height limitations within the height limitations set forth in article III, division 3 (fences, walls and hedges).

(2)

Steps, and other site design elements that are placed directly upon the finished grade and are less than eighteen (18) inches above the surrounding finished grade.; and

(3)

Freestanding signs shall be pursuant to sign requirements set forth in article III, division 8 (sign regulations).

(4)

Water features with a water depth of less than eighteen inches (18").

(c)

Measurement of setbacks.

(1)

The front yard setback shall be measured at a right angle from the nearest point of the front property line (or edge of access or utility easement) to the nearest wall of the structure, except as follows:

a.

For a flag lot, the front yard setback shall be taken from the nearest wall of the structure to the point where the access strip meets the bulk of the parcel, establishing a building line parallel to the lot line nearest to the public street or right-of-way.

(2)

The side yard setback shall be measured at a right angle from the nearest point on the side property line (or edge of access or utility easement) to the nearest wall of the structure, establishing a setback line parallel to the lot line nearest the public street or right-of-way.

a.

The side yard on the street side of a corner parcel shall be measured at right angles from the nearest point on the street side property line to the nearest wall of the structure.

(3)

The rear yard setback shall be measured at a right angle from the nearest point on the rear property line (or edge of access or utility easement) to the nearest wall of the structure, establishing a setback line parallel to the rear property line that extends between the side yards, except;

a.

The rear yard on the street side of a double frontage lot shall be measured from the nearest point of the rear property line adjoining the street. If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the easement or right-of-way line; and

b.

Where the side lot lines converge to a point, a line ten (10) feet long within the parcel, parallel to the front lot line, shall be deemed the rear lot line for the purpose of determining the depth of the required rear yard.

Figure 3-3 Lot Lines

==> picture [264 x 247] intentionally omitted <==

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The following standards shall apply to all intersections of streets, alleys, and private driveways in order to provide adequate visibility for vehicular traffic. There shall be no visual obstructions within sight triangle areas established herein.

(a)

There shall be a corner sight triangle area at all intersecting and intercepting public streets or highways. The sight triangle area shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line. It shall pass through the points located on both the side and front (or rear) property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a public street or highway.

(b)

There shall be a corner sight triangle area on each side of any private driveway intersecting a street or alley. The sight triangle lines shall be in a horizontal plane, making an angle of forty-five (45) degrees with the

side, front or rear property lines. They shall pass through a point not less than ten (10) feet from the edges of the driveway where it intersects the street of alley right-of-way.

(c)

There shall be a corner sight triangle area on each side of any alley intersecting a street or alley. The sight triangle lines shall be in a horizontal plane, making an angle at forty-five (45) degrees with the side, front or rear property line. They shall pass through a point of not less than ten (10) feet from the edges of the alley where it intersects the street or alley right-of-way.

(d)

If, due to an irregular lot shape, a line at a 45-degree angle does not provide for intersection visibility, such corner cutoff shall be defined by a line drawn from a point on the front (or rear) property line which is not less than thirty (30) feet from the intersection of the side and front (or rear) property lines and through a point on the side property line which is not less than thirty (30) feet from such intersection of the side and front (or rear) property lines.

(e)

The following shall not be erected, placed, planted or allowed to grow within the sight triangle area.

(1)

Solid fences, walls, signs, structures, mounds of earth, solid post mailboxes, or other visual obstructions over thirty-six (36) inches in height and open work fences up to forty-two (42)inches in height.

(2)

Hedges, shrubbery and vegetation over, or with a growth characteristic over twenty-four (24) inches in height.

(3)

The lower edge of tree canopies of a single trunk tree shall be maintained at a minimum height of eight (8) feet above ground level, as measured from the adjacent street curb elevation.

Figure 3-4 Sight Triangle Areas

==> picture [288 x 216] intentionally omitted <==

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Swimming pools, spas, sports courts, and other similar private recreation areas may be located within the front yard, through an administrative permit process when the lot configuration, building placement, and/or street adjacent location justify its location due to the uniqueness of the property as determined by the Community Development Director or their designee, provided there is a minimum five-foot setback to adjoining properties, the project will not create a line-of-sight hazard, there is no other suitable location for the proposed structure on site, and all other standards for the underlying zone are met. Swimming pools and spas may encroach into the required interior side yard and rear yard provided that there is a minimum five (5) feet setback, as measured from the edge of the bond beam to the property line.

(b)

Swimming pools and spas, whether portable or permanently constructed, shall be enclosed by fencing as required by the City's Building Code.

(c)

Cornices, eaves, or similar features may project into yards.

(1)

Cornices, eaves, belt courses, sills, or other similar architectural features may extend or project into a required front, side, or rear yard in single- and multi-family residential zones by not more than three (3) feet provided that the projection is no closer than two feet, six inches (2'-6") from the side and rear property lines.

(d)

Uncovered porches and platforms may project into yards.

(1)

An uncovered porch, platform or landing place which does not extend above the level of the first floor of the building in R-A and R-1 zones may extend or project into any required front, side or rear yard by not more than six (6) feet except as permitted in section 26-46(f), provided such structure in a side yard shall not reduce to less than three (3) feet the unobstructed pedestrian walkway or sidewalk on ground level to less than three (3) feet.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-69. - Maintenance and security standards for vacant, unoccupied or abandoned buildings or structures.

(a)

Property owners and/or persons who possess or have control of an abandoned, vacated or undeveloped property, area or place, including buildings and structures, shall maintain and secure said property in such a way that will not be injurious to public health, safety and general welfare or to the stability of real property so as to interfere with the comfortable enjoyment of life or property, nor become attractive to unauthorized persons, including but not limited to juveniles and transients, nor constitute a health, fire or safety hazard.

(b)

Property owners and/or persons who possess or is in control of any undeveloped real property in the City or any other real property in the City that has been vacant or abandoned for a period in excess of thirty (30) calendar days shall do the following:

(1)

Unsecured access points. All means of ingress or egress to the property or structure on the property, including but not limited to, windows, doors, gates and fences that have been breached, vandalized, or damaged, shall be boarded up and/or secured in compliance with Federal Housing Authority board-up standards to ensure the property or structure is secured against unauthorized entry.

(2)

Paint. All boards securing a breach in any ingress or egress on a structure shall be fully painted in such a manner as to complement or match the paint color of the structure.

(3)

Fencing. Any undeveloped real property within the City, or any other vacant real property in the City that an enforcement officer has determined in writing, based upon specific findings regarding the conditions of said real property and surrounding area(s), poses a threat to the health, safety, and welfare of the general public, shall be enclosed by a security fence as approved by the Community Development Director or their designee. Such security fencing shall measure a minimum of six feet (6') in height measured from grade, unless such fencing is located within a required sight triangle, shall be constructed of chain-link or tubular

steel materials, and shall be erected in accordance with all requisite City approvals, permits, and inspections. Conditions that shall be considered when determining the necessity of a temporary security fence include, but shall not be limited to, instances of unauthorized entry and/or vandalism, and the degree of decay, deterioration, dilapidation, or neglect of the real property and structures.

(4)

Signage and emergency contact. Signs prohibiting trespassing, and the name and phone number of the person or entity responsible for the maintenance and security of the vacant property shall be posted on all vacant structures and/or security fencing surrounding vacant properties. Security fencing shall be kept clear of all other signs. Each sign shall conform to standards set forth in article III, division 8.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 2. - ACCESSORY STRUCTURES

(a)

The following development standards shall apply to all detached accessory structures, not including accessory dwelling units governed by the requirements of article IV, division 2. The purpose of this division is to protect the public health, safety and welfare by maintaining safe distances between structures, establish architectural compatibility between primary structures and certain types of accessory structures, and minimizing potential impacts associated with lot coverage, privacy, and maintenance of light and air space.

(b)

The development standards contained in this division shall apply to accessory structures on private property and shall be in addition to other applicable development standards contained in the Development Code. In the event of a conflict between the provisions set forth in this division and any other provisions of this Development Code, the stricter regulation shall control. This division regulates detached accessory structures that are larger than one hundred twenty (120) square feet in size and/or taller than seven (7) feet in height. Accessory structures shall not contain indoor cooking facilities (combination of a sink, cooking apparatus, and refrigeration appliance) and should not be designed for full time living or rental purposes. Guesthouses, pool houses, accessory dwelling units and junior accessory dwelling units that conform to the requirements of this chapter are permitted.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-71. - Permit requirements and exemptions.

(a)

Certain accessory structures located in single-family zones referenced within this section (division 2 accessory structures) and within section 26-46 as requiring an administrative permit, and all accessory

structures located in multi-family, mixed-use, commercial and industrial zones shall require an administrative permit, pursuant to the procedures and findings outlined in article VI, division 6.

(b)

The following structures located in the single-family and multi-family zones are exempt from planning entitlements provided they comply with the requirements listed below and standards set forth in section 2672. Exempt accessory structures may require building permits to maintain conformance with the California Building Code adopted by the City.

(1)

Accessory structures that are less than one hundred twenty (120) square feet in size and no portion of the structure is seven (7) feet or greater in height, provided that no more than two (2) of such structures are located within the same lot or site.

(2)

A detached structure typically used for decorative or landscape design purposes such as a fountain, water wall, bird bath and similar features that are less than one hundred twenty (120) square feet in size and no portion of the feature is six (6) feet in height or greater.

(3)

Accessory dwelling units and junior accessory dwelling units pursuant to article IV, division 2 (accessory dwelling units and junior accessory dwelling units).

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 19, 3-18-25)

Sec. 26-72. - Development standards.

(a)

The development standards listed in table 3-1 are intended to supplement the requirements in the applicable zone for types of accessory structures. In the event of a conflict between these requirements and the requirements of the underlying zone, the requirements of this section shall apply. The following requirements shall apply to all accessory structures, both exempt and non-exempt under section 26-71.

(b)

Minimum setback distances for accessory structures from property lines and between all structures shall include all portions of the structure(s).

(c)

Accessory structures may be constructed in conjunction with or subsequent to the construction of the primary structure(s) on the site.

Table 3-1 Development Standards for Accessory Structures

(d)

Accessory buildings in R-A and R-1 zones.

(1)

Accessory buildings, or the sum of accessory buildings, except accessory dwelling units, shall be a maximum of one thousand (1,000) square feet. Accessory buildings which causes the total square footage of accessory buildings to exceed greater than one thousand (1,000) square feet (except accessory dwelling units) may be granted subject to the approval of an administrative permit pursuant to the procedures and findings outlined in article VI, division 6. Required garages are exempt from the administrative permit requirements. Individual accessory buildings with an area greater than the primary dwelling unit shall not be

allowed. The area for individual accessory buildings shall be limited to seventy (70) percent of the floor area of the primary dwelling unit.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 20, 3-18-25)

(a)

The purpose of this section is to allow for timely and cost-effective installations of solar energy systems that shall:

(1)

Provide for the installation of small to medium solar energy systems to enable the generation of electricity from the sun, for on- and off-site uses.

(2)

To minimize potential adverse impacts associated with solar energy systems.

(b)

Development standards.

(1)

Ground-mounted solar energy collectors. Ground-mounted solar energy collectors shall be installed and maintained in accordance with the following requirements:

a.

Location. Ground-mounted solar energy collectors are permitted in all zoning districts. In residential zoning districts, solar energy collectors and their mounting framework shall not be located within the front setback and shall not be visible from the public right-of-way adjacent to the front, or side property line. In nonresidential zoning districts, solar energy collectors may be visible from the public right-of-way with approval of an administrative permit.

b.

Height. In residential zoning districts, the height of a ground-mounted solar energy collector system shall not exceed twelve (12) feet. The maximum height shall be twenty-five (25) feet when located on a nonresidential property not abutting a residential zone. The maximum height of a ground-mounted solar energy collector system shall be fifteen (15) feet when located on a non-residential property abutting a residential zone.

c.

Setbacks. Installations of less than six (6) feet in height may project up to two (2) feet into a required setback. Installations of six (6) feet or more in height shall comply with building setback requirements for

patio covers.

(2)

Roof-mounted solar energy collectors.

a.

Location. It is preferred that photovoltaic solar energy systems in the single-family residential zone on roofs are designed in a way that is flush-mounted and/or are not installed on the portion of the roof that faces the street, and/or are screened from the public right-of-way. If the photovoltaic solar energy systems on roofs are not flush-mounted and/or installed on the portion of the roof that faces the street, and/or is visible from the street, applicant submittal of additional documentation to the planning division is required prior to the first building division inspection to receive inspector sign-off. The required documentation shall be a written analysis prepared by a licensed engineer indicating that all options to redesign the photovoltaic system with a flush-mounted design and/or without utilizing the street facing roof will:

1.

Increase the installation cost by more than one thousand dollars ($1,000.00); and

2.

Will cause a drop in energy production by more than ten (10) percent.

b.

Height. Photovoltaic solar energy systems on the roof may extend up to five (5) feet above the height limit in the district in which it is located or the roof surface on which they are installed, provided that the height extension is necessary to be within the installation cost and/or energy production thresholds mandated by state law.

c.

Solar water or swimming pool heating systems may extend up to seven (7) feet above the height limit in the district in which it is located or the roof surface on which they are installed.

(3)

Solar energy collector on carports.

a.

Photovoltaic equipment, as defined by section 26-36, "solar energy systems," may be installed on the roof of carports for the purpose of collecting, storing, or transferring solar energy as part of a larger solar energy system installed in structure(s) on the same building site without additional discretionary permit.

b.

The maximum height of solar energy collector equipment on carport roofs shall not exceed the maximum height of the underlying district.

(c)

Reflection angles and glare. Reflection angles for solar collectors shall be oriented such that they do not project glare onto adjacent properties. Solar collectors shall be designed such that concentrated solar glare does not project onto nearby structures, roadways, or the public right-of-way. Installation of anti-glare panels and/or anti-glare film is preferred. The property owner shall be responsible for mitigating any glare issues discovered after installation.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 21, 3-18-25)

DIVISION 3. - FENCES, WALLS, AND HEDGES

(a)

The purpose of this chapter is to establish standards and regulations relating to the construction of fences, walls and hedges used for screening or buffering purposes. The standards are intended to ensure that all fences, walls, and hedges provide desired privacy and safety but do not create a public safety hazard or nuisance, and that fences, walls and hedges meet the City's standards for quality design and regular maintenance.

(b)

For planned development permits and specific plans, fence, wall, and hedge standards shall comply with the standards set forth in the applicable planned development permit or Specific Plan. Where the Planned Development Permit or Specific Plan is silent on fence, walls and hedge height, the standards for the underlying zone shall apply, as determined by the Community Development Director, or their designee.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-75. - Measurement of fence or wall height.

(a)

Measurement of height.

(1)

The height of a fence or wall is measured as the vertical distance between the top of finished grade at the base of the fence or wall to the top of the fence or wall.

(2)

For fences or walls on sloping ground or varying grades, height shall be measured from the lowest grade on either side of the fence or wall to the highest point of the fence or wall. For the purposes of this section a retaining wall with a fence above it shall be considered one (1) structure.

(3)

Fence or wall height includes any materials attached to the fence or wall.

Figure 3-5 Measuring Fence or Wall Height

==> picture [324 x 278] intentionally omitted <==

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-76. - Height limitations for freestanding fence, walls and hedges.

(a)

Street-fronting fences and walls. The maximum allowed height for freestanding fences and walls within the required front setback, or the street side yard, or the rear yard of a through lot with street driveway/garage access shall comply with the following standards:

(1)

Fences and fence/wall combinations shall not exceed a maximum height of six (6) feet. The fence and/or fence/wall combination shall be of a design that creates at least seventy (70) percent open work above forty-two inches (42") in height. Pilasters and/or columns no greater than eighteen inches (18") in width may be incorporated with the design of the fence or wall if the required visibility is met. Street-fronting fences on street side yards of lots not considered a reverse corner lot and on rear yards of through lots may construct a solid, non-transparent fence/wall provided that no neighboring adjacent single-family residential lot is developed with a primary residence with its front facade oriented towards the same street.

(2)

Corner cut back area. On corner lots, walls, fences, hedges, trees, or other physical obstructions shall not exceed a maximum height of thirty-six inches (36") within the sight triangle areas set forth in section 26-67.

(3)

Fences and walls adjacent to arterial streets. Walls and fences on single-family residential lots along the side and rear property lines adjacent to rights-of-way of streets designated as principal or minor arterials on the master plan of streets and highways shall have a maximum height of eight (8) feet provided that design standards contained within subsection (a)(1) is complied with.

(4)

On single-family residential zones, light fixtures may be added on the top of the street-fronting fencing or its pillar, provided the overall height of the fence or pillar and light does not exceed a height of six feet, six inches (6'-6"). The intensity of the lights shall be limited to low level lighting of less than one thousand six hundred (1,600) lumens.

(5)

Fences atop retaining walls, shall conform to the limits set forth in section 26-77.

(b)

Side and rear yard fences and walls. The maximum allowed height for freestanding fences and walls (nonretaining) within the required side and rear yard setbacks shall comply with the following standards:

(1)

Street fronting side yard and rear yard fences shall conform to the height limits set forth in subsection (a) of this section.

(2)

A freestanding fence or wall between single-family residential properties shall not exceed seven (7) feet in height.

(3)

A freestanding fence or wall between multi-family residential properties or along a major arterial street shall not exceed seven (7) feet in height.

(4)

A freestanding fence or wall between a residential and commercial property shall not exceed eight (8) feet in height.

(5)

A maximum of eight (8) foot freestanding fence or wall between a residential and commercial property or between two commercial properties.

(6)

On commercially zoned properties, a free-standing fence or wall shall not exceed a maximum of eight (8) feet in height.

(7)

Freestanding fences or walls located at intersections of streets, alleyways and driveways within traffic sight areas shall conform to standards set forth in section 26-67(e).

(8)

Fences atop retaining walls, shall conform to the limits set forth in section 26-77.

(c)

Hedges. No maximum height shall be established for hedges, except for hedges located within the required front yard which shall conform to the standards for fences and walls, and for the sight triangle area standards set forth in section 26-67(e).

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-77. - Height limitations for retaining walls and change of grade.

(a)

Interior facing retaining walls or garden walls where the retaining wall faces inward to the subject property and are negligibly visible from surrounding properties or the public right-of-way, and located within the required setbacks, the retaining wall may reach a maximum height of seven (7) feet. The total height of an interior facing retaining wall and a free-standing fence or wall atop it shall not exceed the following height limitations:

(1)

Within the front setback. Twelve (12) feet provided that the design of the freestanding fence/wall complies with section 26-76(a)(1), or fourteen (14) for properties that qualify under section 26-76(a)(3).

(2)

Side and rear yard. Thirteen (13) feet, or fourteen (14) feet for properties that qualify under section 26- 76(b) (4) through (6).

(b)

Exterior facing retaining walls or garden walls. Where the retaining wall faces outward towards a public street or facing a neighboring property and is, located within the required setbacks, the retaining wall may reach a maximum height of three (3) feet, The total height of an exterior facing wall and free-standing fence or wall atop it shall not exceed the following height limitations:

(1)

Within the front setback. Nine (9) feet provided that the design of the freestanding fence/wall complies with section 26-77(a)(1)

(2)

Side and rear yard. Ten (10) feet, or eleven (11) feet for properties that qualify under section 26-76(b)(4) through (6)

(c)

Interior and exterior facing retaining walls or garden walls which complies with the required building setbacks of the zoning district shall not exceed a maximum height of fifteen (15) feet.

(d)

Parallel retaining walls and landscaping terracing. Any retaining wall constructed in combination with other retaining walls, screen walls and/or fences on the same property may be terraced with a gradient up to 1:1 to obtain approval of an aggregate height of retaining walls exceeding the single-wall limit set forth in this section. The distance between walls shall be no less than the height of the tallest wall.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-78. - Fence materials.

(a)

Prohibited fence materials.

(1)

Residential zoning districts. Barbed wire, electrical fences, razor wire, and other similar objects on the top of fences or walls shall not be allowed within a residential zoning district. The use of chain link fence is prohibited in residential districts within any front yard area or any area visible from the public street, except for construction sites and other temporary uses and where otherwise specifically permitted in this Development Code.

(2)

Commercial and industrial zoning districts. Barbed wire, electrical razor wire, and other similar objects shall not be allowed on the top of fences or walls within a commercial zoning district, except on the top of fences or walls surrounding outdoor storage areas.

(b)

Special fencing and wall requirements.

(1)

Swimming pools, spas and similar features. Swimming pools, spas, and other similar features shall be fenced in compliance with the requirements set forth by the City's Building Code.

(2)

Outdoor equipment, storage, and work areas. Screening of outdoor use, equipment and activities shall conform to the standards set forth in division 4 (screening and buffering).

(3)

Recreational courts. Fences for recreational courts including basketball, tennis, badminton courts and similar play areas shall not exceed twelve (12) feet in height providing that all parts of the fencing are not located within the minimum required setback areas.

(4)

Temporary fences. Temporary fencing may be necessary for the protection of archaeological, historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the Community Development Director or their designee, and shall comply with applicable building codes.

(5)

Walls along public rights-of-way. Masonry, concrete block and wood perimeter walls that adjoin public rights-of-way and are constructed as part of a subdivision or other planned development shall be maintained in original condition, including the color and texture of the block and any cap elements. Fences/walls along the public right-of-way shall be either finished on both sides, finished on the side facing the public right-of-way, or made of decorative block.

(6)

Fences and walls exceeding six (6) feet in height in between properties. Fences/walls exceeding six (6) feet in height located within five (5) feet from the property line shall be either finished on both sides, finished on the side facing the neighboring property, or made of decorative block.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-79. - Required walls.

(a)

Walls in multi-family residential zones.

(1)

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 points of ingress and egress for 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.

(2)

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.

(b)

A seven-foot wall when abutting single-family zone:

(1)

A seven (7) foot high concrete, masonry or decorative block wall shall be provided and maintained on the boundary of any multiple-family zone which abuts or lies across a public alley from a residential-agricultural (R-A) or single-family (R-1) zone, except in the front setback area, where said wall shall conform to the sight triangle area standards set forth in section 26-67(e).

(2)

When there is a difference in site elevation and the abutting property zoned R-A or R-1 is a minimum of seven (7) feet higher than the development site zoned multiple-family, at the discretion of the Planning Commission, the requirements for a seven (7) foot high wall may be waived.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 4. - SCREENING AND BUFFERING

This section provides standards for the screening and buffering of adjoining land uses, equipment, outdoor storage areas and surface parking areas.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-81. - Screening and buffering standards.

(a)

Required screening in office, commercial and industrial zones. 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.

(1)

Mechanical equipment and duct work.

a.

All roof top mechanical equipment shall be placed behind a permanent parapet wall and be completely restricted from all ground level views from adjacent public rights-of-way. Such screening shall be as high as the highest portion of the equipment or ducting, and shall be permanently maintained.

b.

No mechanical equipment is to be exposed on the wall surface of a building.

c.

Gutters and downspouts that are utilitarian in nature are not to project from the vertical surface of the buildings. Decorative gutters and downspouts, when appropriate to the proposed architectural style of the building may project from the surface of the building and shall be subject to review of the Planning Commission.

d.

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.

e.

All ground mechanical equipment shall be screened to the maximum extent feasible and as allowed by the utility provider by a permanent structure or landscape.

(2)

Refuse storage.

a.

All outdoor trash, garbage and refuse containers shall be screened from public view, within a trash enclosure containing a roof and screening on all sides consisting of minimum five and one-half (5½) foot high concrete, or masonry decorative block wall, and the opening provided with a solid gate.

b.

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 26-51(a) of this chapter, all storage of wares, merchandise, crates, bottles or similar items shall be within a completely enclosed building.

(3)

Screening of parking areas.

a.

All parking areas shall be screened from public rights-of-way with various means of screening such as land contouring, low-profile walls, shrub plantings and similar screens or a combination thereof.

b.

A seven (7)-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 conform to the sight triangle area standards set forth in section 26-67(e).

c.

All walls shall be architecturally compatible with the main buildings. Type, texture, and color shall be approved by the Planning Commission. Barbed wire shall not be permitted.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 5. - LANDSCAPING

The purpose of this division is to establish minimum landscaping standards to enhance the appearance of developments, increase green space throughout the City, reduce heat and glare, control soil erosion, conserve water, ensure the ongoing maintenance of landscaped areas, reduce wildfire hazards, and ensure that landscape installations do not create hazards for motorists or pedestrians.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The requirements contained in this division shall apply to all new and existing development and shall be in addition to any other development standards contained elsewhere within the Development Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-84. - Water efficient landscape ordinance.

(a)

The purpose of this section is to ensure the design, installation and maintenance of landscapes meet the requirements of the State of California's Model Water Efficient Landscape Ordinance (MWELO)

(b)

The City adopts by reference the State of California's Model Water Efficient Landscape Ordinance, which is found at Sections 490—495 of chapter 2.7, division 2, Title 23, of the California Code of Regulations, as it may be amended from time to time. A copy of the MWELO will be maintained in the community development department and will be made available for public inspection during regular business hours.

(c)

Applicability. The MWELO applies to the following projects:

(1)

New landscape projects with an aggregate landscape area equal to or greater than five hundred (500) square feet.

(2)

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet and requiring a building, plan check or design review; and

(3)

For purposes of this section, aggregate landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel, or stone walkways, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment.

(d)

Exemptions. The following projects or landscapes are exempt from or subject to limited review pursuant to MWELO.

(1)

Projects involving new construction of an aggregate landscape area of less than two thousand five hundred (2,500) square feet that comply with the prescriptive measures.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-85. - General landscaping standards.

(a)

General location for landscape improvements. All landscaping shall be provided in the following locations for all types of development as listed below, unless the approval authority determines that the required landscape is not necessary to fulfill the provisions of this division. Nothing in this division is intended to discourage landscaping in excess of the minimum requirements listed herein.

(b)

Setbacks, public frontage and street frontage. All setback areas required by this Development Code, areas between the curb and setback, public frontage areas, or portions of the site with any street frontage, shall be landscaped and maintained in compliance with this division, except where an area of required setback is improved with a paved surface such as a sidewalk or driveway.

(1)

In all industrial zones, the front and exterior side yard setback areas adjoining public rights-of-way are required to be landscaped, including the property frontage within the right-of-way.

(2)

Trees are required along sidewalks and primary street frontages, in addition to other landscaping requirements. Street trees shall be required where the public parkway is at least four (4) feet wide. A twenty-four (24) inch box street tree shall be planted for each thirty (30) feet of linear street frontage along any property line abutting a public or private street (on average). The director of public works may approve

deviations to these standards when site conditions (e.g. utilities or significant topography constraints) preclude the placement of trees.

(c)

Undeveloped areas. All areas of a site that are part of an entitled and/or approved master planned development application, such as pad sites being held for future development, shall be landscaped in compliance with this division.

(d)

Pedestrian paths and pedestrian entrances. Along pedestrian pathways and at building entrances, trees shall be provided in compliance with this division for shade and climate control to define public spaces, and moderate high temperatures and wind speeds.

(e)

Plant type. Landscape planting shall emphasize climate appropriate, drought-tolerant, native, and noninvasive species shall complement the architectural design of the structures on site, and shall be suitable for the soil and climatic condition specific to the site. Plant species known to be invasive and listed on the California Invasive Plant Inventory published by the California Invasive Plant Council (Cal-IPC) are prohibited. Within Fire Hazard Severity Zones as determined by CALFire, plantings shall not include fire prone species and the plant palette shall be approved by the West Covina Fire Department.

(f)

Planting layout and plant diversity. Plant selection shall vary in the type and planting pattern. Informal planting patterns are preferred over uniform and entirely symmetrical planting patterns. Use of deciduous flowering trees and shrubs and colorful plantings is encouraged in conjunction with evergreen species. Groupings of shrubs shall contain multiple plant types, interspersed with varying heights and blooming seasons for year round interest.

(g)

Street and parking lot trees.

(1)

Street and parking lot trees shall be selected from the City's adopted master list of street trees and parking lot trees.

(2)

Parking lot trees. An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory to the Community Development Director or their designee shall be planted for every six (6) parking spaces.

(3)

The total number of required parking trees may be reduced to one (1) tree for every ten (10) parking stalls if the lot landscape requirements set forth in section 26-86(a) is increased by fifty (50) percent (12% of total

lot area for all zones, except M-1, which is 6).

(4)

Any tree that partially shades a parking space or a drive aisle may be considered a parking lot tree and included in the calculation of total parking lot trees.

(5)

There shall be a minimum three (3) foot wide (inside dimension,) landscape planter separating a building or wall from a driveway or parking area.

(6)

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.

(h)

Trees planted within ten (10) feet of a street, sidewalk, paved trail, or walkway shall be a deep-rooted species or shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements.

(i)

Planting size, spacing, and planter widths. In order to achieve an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes, planting spacing, and minimum planter widths (inside measurements) are as follows:

(1)

Trees. The minimum planting size for trees for industrial, mixed-use, commercial, office, and community or civic uses shall be 15-gallon, with twenty-five (25) percent of all trees on a project site planted at a minimum 24-inch box size. For industrial, mixed-use, commercial, office and community or civic uses, tree spacing within perimeter planters along streets and abutting residential properties shall be planted no further than twenty-five (25) feet on center, on average. Minimum planter widths for trees shall be between five (5) and ten (10) feet, consistent with the City's adopted master list of street trees and parking lot trees.

(2)

Shrubs. Shrub planting shall be a minimum five-gallon size, with a 15-gallon minimum size required where a landscape screen (visual buffer) is conditioned by the designated approving authority (e.g., screening of headlights from drive-through aisles). The minimum planter width for shrubs is four (4) feet.

(3)

Ground cover. Plants used for mass planting may be grown in flats of up to sixty-four (64) plants or in individual one-gallon containers. Rooted cuttings from flats shall be planted no farther apart than twelve (12) inches on center, and containerized woody, shrub ground cover plantings shall be planted no farther

apart than three (3) feet on center in order to achieve full coverage within one (1) year. Minimum planter width for ground cover is two (2) feet, with the exception of sod, which requires a minimum planter width of six (6) feet.

(j)

Synthetic turf. Synthetic turf may be used as a substitute for natural turf for the purposes of water conservation. The use of synthetic turf on properties zoned for multi-family residential or non-residential uses shall require an administrative permit, pursuant to article VI, division 6. The following standards shall apply to the use and maintenance of synthetic turf.

(1)

Synthetic turf shall be allowed in areas visible from a public street, park, public parking lot for nonresidential developments or located within the setback areas of properties zoned R-1 or R-A.

(2)

Synthetic turf shall consist of lifelike individual blades of grass that emulate real grass in look and color and have a minimum pile height of one and one-half (1½) inches.

(3)

The installation of synthetic turf shall also include a proper drainage system installed underneath to prevent excess runoff or the pooling of water.

(4)

Landscaping comprised of synthetic turf shall be periodically maintained to simulate the appearance of a well-maintained lawn.

(5)

The use of indoor or outdoor plastic or nylon carpeting as a replacement for synthetic or natural turf shall be prohibited.

(6)

Synthetic turf shall be installed in combination with natural plant materials including trees, shrubs, hedges and ground cover to enhance the overall landscape design.

(7)

All landscape areas where synthetic turf is implemented shall be cleaned and maintained based on manufacturers' guidelines for maintenance.

(8)

The administrative permit shall be valid for up to ten (10) years or as determined by the recommended longevity of the synthetic turf manufacturer.

(9)

Application submittal requirements. An application for the use of synthetic turf shall include the following items:

a.

A site plan including the dimensions and details of the landscaped area, including both the proposed synthetic turf area and live plant material landscaped areas. The plan shall also describe the specific type of synthetic turf to be installed.

b.

A sample of the synthetic turf to be implemented.

c.

Specifications of the synthetic turf detailing including the synthetic turf materials and components, longevity of the turf.

(k)

Landscape criteria for multi-family residential and mixed-use zones that include residential uses.

(1)

All open areas or unused space exceeding twenty-four (24) square feet resulting from the design or layout of parking spaces or accessory structures with the exception of vehicular accessways and parking areas, pedestrian walkways, and paved or covered recreational facilities, shall be landscaped and irrigated with a fully automatic system in conformance with this division. Such landscaping and irrigation shall be permanently maintained in a functional, dust free, disease free, and weed free condition.

(2)

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.

(3)

A minimum of six (6) feet of the rear or side yard adjacent to single-family or multi-family residential zoning or development shall be landscaped with plant materials and trees appropriate in size and type to create a solid plant screen, subject to the approval of the Community Development Director or their designee, and as represented on the approved landscaping plan.

(4)

Undeveloped areas proposed for future expansion shall be maintained in a weed free and dust free condition.

(5)

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 Community Development Director or their designee. 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.

(6)

Landscape areas 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, non-irrigated 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 performed in compliance with acceptable standards as set forth by the Western chapter International Society of Arborists.

(7)

The landscaping and irrigation plan shall be approved by the Community Development Director or their designee subject to the following criteria. Landscape and irrigation plans for projects with required landscaping consisting of five thousand (5,000) square feet or more, shall be prepared by a licensed landscape architect. The Community Development Director or their designee 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 section. The Community Development Director or their designee shall also determine whether the type, size, and location of the proposed landscaping is appropriate given the scale and design of the development.

(8)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in article III, division 5, standards for water efficient landscaping, unless specifically exempted by those water efficiency provisions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 22, 3-18-25)

Sec. 26-86. - Landscape area requirements.

(a)

Landscape criteria for office, commercial, mixed-use, and industrial zones.

(1)

A minimum of eight (8) percent of the total net area (net area shall be computed by excluding public streets) of the development, in all zones except the manufacturing (M-1) zone, shall be landscaped, and permanently watered with a water efficient automatic irrigation system. In the manufacturing (M-1) zone, a minimum of four (4) percent of the total net area (net area shall be computed by excluding public streets) of

the development shall be landscaped, and permanently watered with a water efficient automatic irrigation system, and seventy-five (75) percent of the landscaping shall be within fifty (50) feet of a public street.

(2)

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 Community Development Director or their designee. The Community Development Director or their designee shall also determine whether the type, size, and location of the proposed landscaping is appropriate given the scale and design of the development.

(3)

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.

(4)

A minimum of six (6) feet of either the rear or side yard adjacent to single-family or multi-family 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 Community Development Director or their designee, and as represented on the approved landscaping plan.

(5)

Undeveloped areas proposed for future expansion shall be maintained in a weed-free and dust free condition.

(6)

All landscaping referred to in this section shall be maintained in a neat orderly fashion and free of debris.

(7)

The landscaping and irrigation plan shall be approved by the Community Development Director or their designee in compliance with the provisions of this division. Landscape and irrigation plans or projects with required landscaping consisting of two thousand five hundred (2,500) square feet or more, shall be prepared by a licensed landscape architect. The Community Development Director or their designee 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 guidelines for water efficient landscaping.

(b)

Existing/established landscapes.

(1)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in article III, division 5 of this Code, and the Planning Commission guidelines for water efficient landscaping, unless specifically exempted by those water efficiency provisions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-87. - Maintenance.

In addition to any other provisions of this Development Code, the following requirements apply to all residential zones:

(a)

All landscaped areas shall be maintained in a healthy and growing condition and shall receive routine pruning, fertilizing, mowing, and trimming.

(b)

All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and necessary cleaning as part of routine maintenance.

(c)

All landscape areas shall be kept free of weeds and debris.

(d)

If a property proposed for mixed-use, commercial or industrial use, maintenance of any landscaping between the curb of any street abutting the property and the property line shall be the responsibility of the owner of that property.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 6. - PARKING AND LOADING

Sec. 26-88. - Purpose and applicability.

(a)

The purpose of this division is to establish parking, loading and bicycle standards and regulations to provide for safe, attractive, and convenient parking areas and ensure that parking areas are compatible with surrounding and uses.

(b)

Applicability.

(1)

Off-street parking shall be provided for both vehicles and bicycles per the requirements of the Development Code for the following applications:

a.

New development.

b.

Building additions.

c.

Temporary uses.

d.

Changes in land uses.

(2)

In all situations where additional vehicular parking spaces are required, all existing and proposed handicapped parking spaces shall be located on site shall be marked and striped in accordance with the State of California Building Standards Code, Title 24 of the California Code of Regulations.

(3)

All parking spaces shall be independently accessible, with the exception of tandem spaces as permitted in the standards below.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-89. - General provisions.

(a)

Vehicles in R-A and R-1 zones.

(1)

Commercial vehicles. It shall be unlawful to park or store any commercial vehicles, trailers, or other related equipment. The provisions of this subsection (1) do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, or recreational vehicles.

(2)

Allowed parking area. For residentially zoned lots developed with a single-family residence, allowed parking areas, in addition to a permitted garage or carport, are:

a.

Allowed paved areas of the front yard and paved areas of the unscreened street side yard as defined in section 26-46.

b.

Areas of interior side, street side, as defined in section 26-46, or rear yards which are fully screened by solid six-foot fences or walls and/or view-obscuring landscaping, except within five (5) feet of the rear property line.

c.

Public sidewalks and paved areas of a public parkway are not considered allowed parking areas.

(3)

Parking of recreational vehicles, recreational equipment and trailers, and utility trailers within side and rear yards. Recreational vehicles, recreational equipment and trailers, and utility trailers may be parked in fullyscreened side or rear yard areas as set forth in subsection (2)b.

(4)

Parking of recreational vehicles, recreational equipment and trailers, and utility trailers in the front yard or unscreened street side yard.

a.

Under no circumstance may utility trailers be parked in the front yard or unscreened street side yard.

b.

Campers and camper shells placed on the ground or otherwise not properly mounted on a pickup or other truck may not be stored in the front yard or unscreened street side yard.

c.

Vehicles must be registered to the permanent resident of the property and registered to the property address.

d.

Vehicles shall be maintained in proper condition. Vehicles stored or maintained in one (1) or more of the following conditions shall be deemed to be in violation of this standard:

1.

Vehicles with damaged or broken windows or doors, or damaged or torn screens or shades.

2.

Vehicles that are covered with tarps or other covers which are deteriorating or torn.

3.

Vehicles with damaged or broken parts, including, but not limited to, tow bars, mirrors, light shields, bumpers, tanks, ladders, soft top cover for popups, luggage compartment doors, air handling units, and luggage racks.

4.

Vehicles with any peeling, blistering, rusting, or otherwise deteriorating exterior surface.

5.

Vehicles with open awnings, open slide-outs, and/or open popups.

e.

In addition to other applicable standards, vehicles may not be parked closer than a distance of five (5) feet from the curb face or the edge of the street pavement, if no curb exists.

f.

In no case shall the parking of a motor home, accessory recreational vehicle, or recreational equipment and trailer occupy greater than fifty (50) percent of the width of the primary driveway and/or block access or use of the primary driveway by other vehicles.

g.

One (1) motor home or accessory recreational vehicle may be parked on the side pad, circular drive, or primary driveway without the approval of an administrative permit.

h.

Motor homes, accessory recreational vehicles, and recreational equipment and trailer, up to an overall total of two (2) such vehicles, may be parked in any allowed parking area, subject to the approval of an administrative permit pursuant to the provisions of section article VI, division 6, and further pursuant to the provisions of subsection (e) below. A first motor home or accessory recreational vehicle permitted to be parked pursuant to subsections (4)f. and (4)g. above shall be included in the total of two (2) vehicles.

(5)

Administrative permit. The approval of an administrative permit for the parking of motor homes, accessory recreational vehicles, and recreational equipment and trailers pursuant to subsection (4)h. above shall be subject to the following:

a.

The parking of vehicles shall comply with all requirements of subsection 26-89(a)(4).

b.

The administrative permit shall be valid only for the specific vehicle(s) identified in the permit. Approval to park any new or replacement vehicle(s) shall require a separate administrative permit.

c.

An administrative permit to park recreational equipment and/or trailers may only be approved in cases where no other suitable parking area exists in a garage, carport, or side or rear yard, as determined by the Community Development Director or their designee. Grounds for the inability to use the side or rear yard shall include the inability to provide appropriate access to said yards and/or inadequate area. Grounds for the inability to use a garage or carport shall include inadequate size and dimensions. The parking of other vehicles or the storage of other goods and equipment shall not constitute grounds for the inability to use a garage or carport.

Grounds for the inability to use the side or rear yard shall include the inability to provide appropriate access to said yards and/or inadequate area. Grounds for the inability to use a garage or carport shall include inadequate size and dimensions. The parking of other vehicles or the storage of other goods and equipment shall not constitute grounds for the inability to use a garage or carport.

d.

An administrative permit to park vehicles in the primary driveway may only be approved in cases where no other suitable parking area exists outside of the primary driveway and the installation of such suitable parking area is not possible or practicable given topography, lot size or configuration, or other existing improvements on the lot, as determined by the Community Development Director or their designee.

e.

The administrative permit may prescribe a specific area or location where the vehicle must be parked in the front yard.

f.

Parking of motor homes, accessory recreational vehicles, and/or recreational equipment and trailers shall not be allowed in the primary driveway if the subject lot does not have a garage and/or carport.

g.

Findings. Before an application for an administrative permit may be granted, the following findings shall be made:

1.

The manner and location proposed for the parking of vehicles is sensitive to visibility from and adverse aesthetic impacts to surrounding properties.

2.

The manner and location proposed for the parking of vehicles is sensitive to the safety and convenience of pedestrians and motorists.

3.

The proposed parking of vehicles will not unreasonably infringe upon the use and enjoyment of adjoining properties.

4.

In the case of an application for parking of recreational equipment and trailers, no other suitable parking area exists in a garage, carport, or side or rear yard.

5.

In the case of an application for parking of vehicles in the primary driveway, no other suitable parking area exists outside of the primary driveway and the installation of such suitable parking area is not possible or practicable given topography, lot size or configuration, or other existing improvements on the lot.

(6)

Inoperable vehicles. It shall be unlawful to park or store any inoperable vehicle in any front yard, or any other yard where not screened from all off-site ground-level views, for more than seventy-two (72) hours. Up to two (2) inoperable vehicles may be parked for any length of time in an enclosed garage or the rear or side yards where such yards are completely enclosed with six-foot solid walls or fences.

(7)

Auto repair and service.

a.

It shall be unlawful to service or repair any vehicle, inoperable or not, whether or not registered to the occupant of the property, or otherwise belonging to him/her, except completely within the garage, carport, or on the primary driveway. Only one (1) vehicle at a time may be serviced or repaired on the primary driveway or in a carport per residential lot.

b.

Notwithstanding subsection (5)a., it shall be unlawful to conduct more than two (2) incidents of repair or service within a thirty-day period on vehicles not registered or otherwise belonging to the occupant(s) of the property on which the repair or service is taking place. An incident shall include all repair or service activities occurring within a seventy-two-hour period. This section shall not apply to an incident of repair or service required by an emergency.

c.

An incident of repair or service under subsections (5)a. and b. shall be allowed only if the repair or service is conducted between 8:00 a.m. and 10:00 p.m., noise levels created do not exceed the ambient noise level by more than five (5) decibels at the property line, and the repair or service complies with applicable environmental, health and safety codes and regulations. Further, use of power tools (pneumatic or electrical) shall not be permitted beyond the hour of 8:00 p.m.

d.

No tools, motor vehicle parts, supplies, or equipment used for automobile repair and service shall be left, stored or maintained outdoors in a location that is readily visible from a public right-of-way or an adjoining property upon any overnight interruption or cessation of repair work.

e.

All fluids, liquids and oil or other petroleum products that are taken out of a motor vehicle or used in conjunction with any repair work shall be disposed of in a lawful manner. In no instance shall these products or substances be allowed to drain or spill onto adjoining property or into the public right-of- way, storm drain, plumbing system or sewer system.

f.

Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic equipment (as determined by the Community Development Director or their designee) are prohibited from being installed, kept, stored, maintained or otherwise used for conducting automotive repair or storing of vehicles.

(8)

Operations of vehicles on private property. The following shall apply:

a.

It shall be unlawful to operate any motor vehicle (as defined in Section 415 of the Vehicle Code of the State of California) upon the private property of another without first obtaining the written permission of said owner.

b.

Persons who obtain permission from private property owners to operate motor vehicles thereon shall maintain in their possession such written permission at all times when operating motor vehicles on said private property.

c.

This subsection in no way prohibits the use of such private property by:

1.

Emergency vehicles.

2.

Vehicles of commerce in the course of the conduct of normal business.

3.

Vehicles being operated on property devoted to commercial purposes where the general public is expressly or implicitly invited to such property.

4.

Vehicles operated on property actually used for residential purposes and where such vehicle is there at the express or implicit invitation of the owner or occupant.

(9)

Use of vehicles as living quarters. It shall be unlawful to use or allow to be used any motor home, accessory recreational vehicle, or similar type trailer as a living quarters. For purposes of this subsection living quarters shall mean occupying the vehicle for the purpose of living, eating, cooking, or sleeping on a permanent basis in a manner similar to the occupancy of a dwelling unit. No plumbing or electrical permits shall be issued for the purposes of serving a motor home, accessory recreational vehicle of similar type of trailer on a single-family property. A permit to use a motor home, accessory recreational vehicle, or similar type trailer, as temporary habitation shall be allowed under the following conditions:

a.

An administrative permit shall be obtained from the planning division.

b.

Permits shall be granted for a maximum total of fifteen (15) days in a calendar year at a property with a habitable single-family residence.

(10)

Public nuisance. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to allow the existence of any violation of this section.

(b)

Vehicles in multi-family residential and mixed-use zones.

(1)

Commercial vehicles. It shall be unlawful to park or store any commercial vehicles, trailers or other related equipment. The provisions of this subsection (a) do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, or recreational vehicles.

(2)

Utility trailers and accessory recreational vehicles. Utility trailers and accessory recreational vehicles may be parked in enclosed parking areas only.

(3)

Inoperable vehicles. No more than one (1) inoperable vehicle may be kept on-site per dwelling unit for no more than seventy-two (72) hours. If so kept, an inoperable vehicle must be fully within a garage, carport, or other approved covered or enclosed parking space.

(4)

Auto repair and service.

a.

It shall be unlawful to service or repair any vehicle, inoperable or not, whether or not registered to an occupant of the property, or otherwise belonging to him/her, except completely within the garage, carport, or other approved parking space. Only one (1) vehicle at a time may be repaired or serviced in a carport or approved parking space per dwelling unit.

b.

Notwithstanding subparagraph (4)a., it shall be unlawful to conduct more than two (2) incidents of repair or service within a thirty-day period on vehicles not registered or otherwise belonging to the occupant(s) of the property on which the repair or service is taking place. An incident shall include all repair or service activities occurring within a seventy-two-consecutive-hour period. This section shall not apply to incidents of repair or service required by an "emergency."

c.

An incident of repair or service under subsections (4)a. and b. shall be allowed only if the repair or service is conducted between 8:00 a.m. and 10:00 p.m., noise levels created do not exceed the ambient noise level by more than five (5) decibels at the property line, and the repair or service complies with applicable environmental, health, and safety codes and regulations. Further, use of power tools (pneumatic or electric) shall not be permitted beyond the hour of 8:00 p.m.

(5)

Public nuisance. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to allow the existence of any violation of this section.

a.

No tools, motor vehicle parts, supplies, or equipment used for automobile repair and service shall be left, stored or maintained outdoors in a location that is readily visible from a public right-of-way or an adjoining property upon any overnight interruption or cessation of repair work.

b.

All fluids, liquids and oil or other petroleum products that are taken out of a motor vehicle or used in conjunction with any repair work shall be disposed of in a lawful manner. In no instance shall these products or substances be allowed to drain or spill onto adjoining property or into the public right-of- way, storm drain, plumbing system or sewer system.

c.

Hydraulic vehicular lifts and/or similar types of mechanical or hydraulic equipment (as determined by the Community Development Director or their designee) are prohibited from being installed, kept, stored, maintained or otherwise used for conducting automotive repair or storing of vehicles.

(c)

Off-street parking standards for commercial, office and industrial zones.

(1)

Generally. All parking areas in nonresidential zones shall conform to the requirements set forth in Planning Commission Resolution No. 2513 and article III, division 6.

(2)

Location. Off-street parking facilities shall be located as specified hereinafter, and shall also comply with article III, division 6. 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 entrance that such facilities are required to serve:

a.

For hospitals, homes for the aged, orphanages, and other similar uses, not more than 300 feet from the building they are required to serve; and

b.

For uses other than those specified above not over three hundred (300) feet from the building they are required to serve.

c.

Off-street parking facilities at greater distances than specified above may be permitted subject to the approval of a conditional use permit as set forth in article VI of this chapter.

(3)

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 (1) use shall not be considered as providing required parking facilities for any other use, except as hereinafter specified for joint use in section 26-92.

(4)

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 Community Development Director, or their designee, in the manner set forth in article I, division 2 of this chapter, and such determination shall be based upon the requirements for the most comparable use specified herein.

(5)

Minor parking reduction. The Community Development Director or their 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 26-90, based on quantitative information (e.g., parking survey of the site, documentation of customer frequency, etc.) documents the need for fewer spaces.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 23, 3-18-25)

Sec. 26-90. - Number of parking spaces required and parking design standards.

(a)

Number of parking spaces required.

Table 3-2 Number of Parking Spaces Required

provide parking at the general retain parking rate. gfa refers to gross floor area.

(b)

Vehicle parking standards.

(1)

Off-street parking standards for R-A and R-1 zones.

a.

Each single-family dwelling shall provide four (4) accessible off-street parking spaces for each dwelling unit. A minimum of two (2) spaces shall be enclosed on three (3) sides and roofed.

b.

For single-family dwellings with a gross floor area (exclusive of garages) of four thousand five hundred (4,500) square feet or greater or with five (5) or more bedrooms a minimum of the three (3) off-street parking spaces located within an enclosed garage is required. Tandem parking may be permissible for the purpose of providing the three (3) required parking spaces provided tandem parking is limited to not more than one (1) vehicle behind another and a minimum of two (2) parking spaces are provided side-by-side at the garage entrance. Legal nonconforming covered parking spaces that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming covered parking spaces were legally established and maintained. The requirements of this section shall apply to new construction and the expansion of existing single-family dwellings.

c.

When a carport is not readily visible from the street, the City may determine that six-foot or higher masonry walls around the perimeter of the property (or other view-obscuring physical or topographical features) constitute enclosure.

d.

All covered parking spaces shall be enclosed on three (3) sides and roofed unless a carport is not readily visible from the street, the City may determine that six-foot or higher masonry walls around the perimeter of the property (or other view-obscuring physical or topographical features) constitute enclosure. Porte cocheres may be allowed when visible from the street if the architectural style and materials are consistent with the house, subject to the review and approval of the planning director.

e.

Garages and carport shall have a minimum interior clear width and depth of twenty (20) feet between columns or walls. Three-car garages shall have a minimum interior clear width of thirty (30) feet and depth of twenty (20) feet. In cases where a tandem parking space is proposed to comply with a required three-car

garage, a minimum of two (2) parking spaces shall be provided side-by-side at the garage entrance and a minimum of ten (10) feet by twenty (20) feet shall be provided behind. Unless otherwise approved in advance by the Community Development Director in writing, placement of garage doors shall be centered between columns or walls. Access to such parking shall be paved, not less than twelve (12) feet in width, nor wider than the garage or carport, except as modified in section 26-46(c). The balance of the required spaces, if uncovered, shall have minimum dimensions of eight (8) feet by sixteen (16) feet.

1.

In the case where an expansion to the existing single-family structure exceeds three hundred (300) square feet, a new garage or carport conforming to the provisions regulating width and depth in subsection (e) of this section shall be required. If the property is developed with an existing two-car garage or carport, the existing garage or carport shall be maintained. In addition, compliance with the provisions regulating the number of required off-street parking spaces in subsection (a) and any front, side and rear yards as regulated by this article shall be required.

f.

Garages or carports opening towards a side street shall be set back a minimum of twenty-two (22) feet from the property line.

g.

In addition to the minimum number of off-street parking spaces required for each dwelling unit, additional off-street parking space(s) shall be required on the basis of dwelling unit size according to the following schedule:

Table 3-3 Additional Required Parking Spaces

h.

Said additional parking space(s) may, but need not be provided in a carport or garage. The minimum required dimensions for uncovered parking spaces shall be eight (8) feet by sixteen (16) feet.

i.

Garages which are intended to accommodate four (4) or more cars shall not open to any public street, unless designed as a subterranean garage.

j.

A minimum unobstructed vehicular maneuvering distance of twenty-five (25) feet measured from the opening of the garage or carport shall be provided, except as otherwise permitted in this section. Minor design modifications may be approved, due to the uniqueness of the property as determined by the planning director.

(2)

Off-street parking standards for multi-family residential zones (MF-8, MF-15, MF-20, and MF-45)

a.

Condominiums:

1.

Carports shall not be permitted.

2.

The required parking shall be provided in a garage or garages. The location of parking spaces shall be within sixty (60) feet of the dwelling unit.

3.

Guest parking does not need to be enclosed. The guest parking shall be located within one hundred fifty (150) feet of the units and dispersed throughout the development.

b.

In multi-family dwellings (non-condominium):

1.

Multi-family dwellings shall provide parking as indicated in article III, division 6. At least one (1) parking space per unit shall be enclosed on three (3) sides and roofed. Guest parking shall be labeled "Guest Parking Only," and shall be dispersed throughout the development.

2.

Each covered parking space shall be at least ten (10) feet wide by twenty (20) feet long except individual garages shall be at least eleven (11) feet wide and twenty (20) feet long. Garage doors shall be at least ten (10) feet wide.

3.

Parking areas shall be evenly distributed throughout the development and no dwelling unit shall be located more than two hundred (200) feet from its assigned parking area.

All covered spaces shall be enclosed on three (3) sides. However, if the spaces are built in combinations of two (2) or more, only the rear and the two (2) ends need be enclosed. Design and material shall be architecturally compatible with the main structures.

c.

In multi-family dwellings (including condominiums):

1.

Each uncovered space shall be at least nine (9) feet wide and twenty (20) feet long.

2.

Covered or uncovered spaces, when adjacent to walls shall be at least eleven (11) feet wide, twelve (12) feet where the wall extends beyond the space. Three-car garages are exempt from this requirement.

3.

No off-street parking shall be permitted within any front or side yard setback area when adjacent to a street.

4.

Garages or carports (carports prohibited in MF-8 zone) may be located within the side or rear yard

setbacks except when side or rear yards abut a public street. In no case, however, may a garage or carport be constructed within twenty (20) feet of any side or rear street or twenty-five (25) feet of any front street in MF-8, MF-15 or MF-20 zones and fifteen (15) feet from any street in MF-45 zone.

5.

No carport or garage shall open directly upon a public street.

6.

Required parking and guest parking shall be maintained permanently.

7.

All parking areas shall conform to Planning Commission Resolution No. 2513.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, §§ 24, 25, 3-18-25)

Sec. 26-91. - Bicycle parking standards.

Bicycle parking facilities shall be provided in the following manner:

(a)

Number of spaces required.

Table 3-4 Bicycle Parking Spaces Required

(b)

Bicycle parking design. Bicycle parking areas shall be designed and provided in the following manner:

(1)

Parking racks. Each bicycle parking space shall include a stationary parking device to adequately support the bicycle.

(2)

Parking layout.

a.

Aisles. Access to bicycle parking spaces shall be at least four (4) feet in width.

b.

Storage space design.

1.

Horizontal storage. Each horizontal bicycle space shall be designed to maintain a minimum of two (2) feet in width and six (6) feet in length and have a minimum of seven (7) feet of overhead clearance.

2.

Vertical storage. Each vertical or wall-mounted bicycle space shall be designed to maintain a minimum of three (3) feet six (6) inches in length per space (this may overlap with tandem-mounted orientations) with a minimum of seven (7) feet of floor to ceiling height.

c.

Bicycle parking location.

1.

Long-term bicycle parking. Bicycle spaces shall be located on the ground floor or first level of a parking structure/garage of a building in a secured location (i.e within in-unit bike storage, indoor or outdoor bike lockers, exterior storage rooms) within proximity to the main entrance of the building and shall not interfere with pedestrian access. There shall be a minimum lighting level of one (1) foot-candle for all outdoor bicycle racks.

2.

Short-term/visitor bicycle Parking. Visitor bicycle parking spaces shall be located in well-lit and convenient areas on private property within fifty (50) feet of the main entrance to the building. There shall be a minimum lighting level of one (1) foot-candle for all outdoor bicycle racks.

3.

For existing buildings and changes of use where the Community Development Director or their designee determines existing site constraints prohibit locating short term bicycle parking on-site, the applicant may satisfy the requirement by paying the City an established cost of an appropriately sized bicycle rack for providing the short-term parking within the public right-of-way.

4.

Security. Long-term bicycle parking shall be secured as follows:

(i)

An enclosed locker for individual bicycles; or

(ii)

An enclosed locked bicycle storage area with bicycle racks within; or

(iii)

A rack or stand inside the ground floor of a building that is within view of an attendant or security guard.

d.

Relationship to motor vehicle parking. Bicycle spaces shall be separated from motor vehicle parking spaces or aisles by a fence, wall, or curb, or by at least five (5) feet of open area, marked to prohibit motor vehicle parking.

e.

Surfacing. The surface of bicycle parking areas shall be subject to approval of the planning and development services director.

(c)

Signs. Where short-term bicycle parking areas are not clearly visible to approaching cyclists, signs shall be provided to indicate the locations of the facilities.

(d)

Interior parking spaces. Square footage dedicated to interior bicycle parking shall not be included in the gross floor area for calculating the parking requirement.

(e)

The Community Development Director or their designee may approve a modified bicycle parking plan that allows for changes to required location, layout, and number of spaces if a finding is made that special circumstances preclude full compliance with the bicycle parking requirements.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-92. - Reduction of parking requirements and joint use parking.

The number of parking spaces specified for a new development and/or use is established in section 26-90. This section establishes alternatives to providing required on-site parking subject to specific requirements. These include in order of importance allowing for shared parking, providing parking off-site, or reductions in the overall required number of parking spaces.

(a)

Joint use/shared parking. To encourage efficient use of parking spaces and consistency with best design practices, the total parking requirements for conjunctive uses shall be based on the number of spaces adequate to meet various needs of the individual uses operating during the peak parking period.

(1)

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:

a.

Up to fifty (50) percent 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) percent 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 subsection d. below.

b.

Up to one hundred (100) percent 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 subsection d. below.

c.

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 Restaurants, retail and theaters.

d.

Conditions required for joint use:

1.

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.

2.

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.

3.

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.

(2)

Conditional use permit for shared parking. A conditional use permit may be approved for shared parking facilities service multiple uses on a site or serving more than one (1) property. The use permit may allow for a reduction of the total number of spaces required by this article if the following findings are made:

a.

The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided.

b.

The efficiency of parking will equal or exceed the level that can be expected if parking for each use were provided separately.

(3)

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 common parking facilities. Common parking facilities shall include size, shape, and relationship to business sites to be served. Only

calculated parking required may be reduced by up to the percentages provided below as approved by the Planning Commission.

a.

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) percent.

b.

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) percent.

(4)

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.

(5)

Comprehensive planned facilities (parking districts). Areas may be exempted from the parking requirements as otherwise set up in this article, provided:

a.

Such area shall be accurately defined by the Planning Commission in the manner prescribed for conditional uses in article VI of this chapter.

b.

No such district may be established and exempted from the provisions of section 26-90, unless sixty (60) percent or more of all record lots comprising such proposed district are devoted to uses first permitted in a commercial or manufacturing zone.

c.

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.

(6)

Multiple story parking. Multiple story parking shall be permitted within an above-grade or underground structure, or combination thereof.

(7)

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.

(8)

Shared parking agreement. A written agreement between the landowners, and in some cases the City, that runs with the land shall be filed, in a form satisfactory to the Community Development Director and include:

a.

A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for approval of an amended use permit.

b.

A reciprocal grant of nonexclusive license among the business operator(s) and landowner(s) for access to and use of the shared parking facilities.

c.

Prior to the issuance of any certificates of occupancy, evidence that the agreement has been recorded at the County Assessor's Office shall be provided to the planning department.

(b)

Mixed-use parking. All mixed-use projects shall include a parking study prepared by a qualified traffic or parking consultant. The study shall demonstrate how the proposed land uses utilize the parking spaces that are required by section 26-80. Parking studies are subject to review and acceptance by the Community Development Director.

(1)

The parking study shall include a discussion of the following options or a reduction of required parking, including but not limited to:

a.

Shared parking that may be provided in accordance with section 26-92(a).

b.

State density bonus that may be provided in accordance with article 4, division 3.

c.

Tandem parking that may be counted toward the required parking calculation.

(2)

The parking study shall include a parking management plan, that the City require the developer, management and/or owner of the developments to implement, which shall contain the following provisions including, but not limited to:

a.

Periodic evaluation of the parking management plan to ensure that it continues to address any parking issues on and of site and that on and off-site conditions are consistent with the analysis of the parking study;

b.

Monitoring with periodic inspections by the property owner, property owners' association, or property management to ensure that all parking areas are used exclusively for that purpose. These inspections may occur jointly with the City at the discretion of the City;

c.

Prohibition of non-vehicle related storage in a garage and measured to ensure that such storage only occurs within the dwelling unit associated with the garage unless restricted by the property owner. Measures to prevent storage in a garage include restrictions in the tenant lease, periodic inspections, and windows on garage to facilitate visual inspection;

d.

Property owner, property owners' association, or property management enforcing a limitation on the number of vehicles per dwelling unit;

e.

Day(s) and time(s) of restrictions on the use of guest parking;

f.

Creation of parking permit district off site and permit parking programs on site by the property owner, property owners' association, or property management; and

g.

Alternative solutions for physically providing parking spaces on site including converting single-stall spaces to tandem spaces, installing parking lifts, methods to prevent parking spaces by nonresidents of the development, and shuttles or valet services catering to users within the development.

(c)

Off-site parking. Where on-site parking for a new development or use is not feasible or practical, offpremises parking may be provide subject to the standards established in this section. All distances specified shall be between the nearest property line of such parking facilities to the nearest property line of the site of the development/use being served.

(1)

Pedestrian access between the site, where the development or uses is proposed, and the off-premise parking area shall have the following features:

a.

A paved sidewalk or walkway connecting the new developments or uses with the shared parking area;

b.

Pedestrian-oriented lighting that illuminates the entire length of the sidewalk or walkways; and

c.

Trees and/or shade structures along the entire length of the sidewalk or walkways.

(2)

The developer, management, and/or property owner of the developments or use requesting off-site parking shall be responsible for the financing, construction, and maintenance of the above-referenced features.

(3)

The project developer and/or property owner of the site shall provide a recorded parking agreement describing the intended users of the off-site parking, and the arrangement with the owner of the off-site parking area in accordance with 26-92(a).

(4)

If the off-site parking facility is shared, the Community Development Director may allow a reduction in the following manner:

a.

The reduction in the number of required parking spaces shall be based on a parking demand study. The parking demand study shall be in accordance with established professional practices and prepared by a qualified traffic engineer or parking consultant.

b.

The shared parking agreement shall require a recorded covenant that runs with the land, defining the location of the shared parking area in accordance with section 26-92(a)

(5)

The required parking may be provided in an off-street parking facility on another property located within six hundred (600) feet of the site proposed for the development or use.

(6)

Off-site parking facilities for non-residential use shall not be located within a residential zone.

(7)

Off-site parking facilities for residential use may be located within a non-residential use.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-93. - Parking facility design standards.

Prior to the issuance of a building permit for any parking facility, or any project including parking facilities, the review authority shall review and approve each such facility or project so that the proposed parking facility is designed and constructed to conform with the following standards.

(a)

Location of parking facilities.

(1)

Required off-street parking shall be located on the same parcel as the uses served, except with the approval of a conditional use permit for shared parking pursuant to section 26-92(a)(2).

(b)

Access to parking facilities and parking spaces.

(1)

Access to parking lots. Parking facilities shall be designed to prevent vehicle access at any point other than at designated driveway entrances.

(2)

Internal circulation. Parking facilities shall provide suitable maneuvering so that vehicles enter the street in a forward direction, except for lots with four or fewer residential units. Non-residential parking facilities shall also provide a queueing area between the street and the first point where vehicles may maneuver within the parking facility. A minimum of fifteen (15) feet clearance behind the sidewalk to the first parking space shall be provided at all driveway entrances. If there is no sidewalk, a minimum of twenty-five (25) feet to the face of the curb shall be provided.

(3)

Access to adjacent sites. For non-residential uses, shared vehicle and pedestrian access to adjacent nonresidential properties is required to the maximum extent feasible for convenience, safety and efficient circulation. A joint access agreement guaranteeing the continued availability of shared access between the properties and running with the land shall be recorded by the owners of the abutting properties, as approved by the Community Development Director.

(c)

Parking space and facility dimensions.

(1)

Covered spaces in residential uses. Parking spaces within garages and carports shall have a minimum dimension of nine (9) feet in width by eighteen (18) feet in length or eight and one-half (8½) by eighteen (18) feet in length, clear of any obstructions.

(2)

Covered or uncovered spaces, when adjacent to walls shall be at least eleven (11) feet wide, twelve (12) feet where the wall extends beyond the space. Three-car garages are exempt from this requirement.

(3)

All other parking spaces. Minimum parking space dimensions shall be as follows, except as shown in table 3-5 below and figure 3-6:

Table 3-5 Minimum Parking Space and Drive Aisle Dimensions

1 Where parking stalls abut each other such that they may create vehicular movement conflicts, the minimum stall width shall be determined by the City. 2 Accessible spaces shall be designed consistent with California Building Code requirements

Figure 3-6 Minimum Parking Space and Drive Aisle Dimensions

==> picture [288 x 231] intentionally omitted <==

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-94. - Off-street loading requirements.

The purpose of off-street loading requirements is to provide the number, size, location, and screening requirements for loading areas in various types of developments and uses. The intent of these regulations is to minimize disruptions of traffic flow and vehicular and pedestrian conflicts through adequate sizing and siting of these facilities.

(a)

Loading areas for goods and materials. The following requirements shall apply to loading areas for goods and materials.

(1)

Loading regulations shall apply to all industrial, commercial, office and similar land uses. Buildings or tenant spaces smaller than ten thousand (10,000) square feet in size are exempt from the requirements of this section.

(2)

General loading area requirements. The number of required loading areas is based on the use of the building and the building size, subtracted by the area of any residential component, as described in table 3- 6, below. Where two (2) or more uses are located on the same lot, the number of loading area spaces required is the sum of the spaces required for each use.

Table 3-6 Required Minimum Loading Spaces

Land Use Loading Spaces Required

(3)

Loading area standards.

a.

The loading space(s) required by this section may be construed as either a dock (where a trick back up directly into a building or platform and goods may be unloaded from the floor of the truck to the floor of the building or platform without the use of a ramp or lift gate) or a designated loading area such as a paved area (with appropriate striping and/or signage), as appropriate for the use and development, subject to the approval of the review authority.

b.

Loading spaces for all uses shall be at least ten (10) feet in width and thirty-five (35) in length, with fourteen (14) feet of vertical distance, except for office uses, where loading spaces shall be at least ten (10) in width and twenty-five (25) in length.

c.

Loading areas shall comply with the applicable screening standards provided in division 4 of this article.

d.

Loading and maneuvering areas shall be hard surfaced unless a permeable surface is required to reduce surface runoff, as determined by the City.

e.

Parking of passenger vehicles may be allowed in off street loading areas subject to specific time limits to prevent conflicts with off street loading activities. If parking is allowed, the parking time limits shall be clearly posted. These parking spaces shall not count toward meeting parking requirements for the associated use.

(b)

Passenger loading areas. Public parking areas for development projects consisting of twenty-five thousand (25,000) square feet or more or shall designate a passenger loading area or areas for embarking and disembarking from ridesharing vehicles. Passenger loading areas shall be located at the point(s) of primary

pedestrian access from the parking area to the adjacent building, or buildings, and shall be designed in such a manner that vehicles waiting in line to the loading area do not impede vehicular circulation in the parking area. The passenger loading areas shall be designed as a turnout and shall be large enough to accommodate the number of waiting vehicles equivalent to one-half (0.5) percent of the required parking for the project. This requirement may also be applied to alternative parking designs such as the creation of passenger loading spaces. Parking spaces included within a proposed passenger loading areas shall count toward the requirement parking for the project.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 7. - TRANSPORTATION AND AIR QUALITY CONTROL MEASURES

(a)

The purpose of this section is to adopt and implement a land use analysis program to ensure that the City, in addition to examining and mitigating transportation impacts on the local street network, considers the regional transportation impact of new development through the land use approval process. Integrated with CEQA, this program is designed to provide a consistent, countywide methodology, to determine the impact of new development on the CMP roadway system. It is the intent of this program to promote increased coordination between jurisdictions, transit providers, local decision makers and interested parties, and thereby enhancing countywide mobility and improving air quality.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-96. - Applicability.

(a)

Applicability of requirements. All development projects required to prepare an environmental impact report (EIR) based on the City's determination, will be subject to the land use analysis program. In addition to the procedural guidelines already established by CEQA, traffic and transit impacts shall be assessed using the "Transportation Impact Analysis" methods contained in the Los Angeles County Congestion Management Program and/or Planning Commission Resolution No. 1-93-4135.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-97. - Transportation demand management ordinance.

(a)

The purpose of this section is to adopt and implement a trip reduction and travel demand management ordinance that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking and park-and-ride lots, improvement in the balance between jobs and housing, and other strategies, including flexible work hours, telecommuting, and parking management programs, as necessary to meet congestion and air quality goals.

(b)

Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project shall be identified and consulted with. Projects for which a notice of preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this division shall be exempted from its provisions. The "Transit Impact Review Worksheet", contained in the Los Angeles County Congestion Management Program Manual, or Planning Commission Resolution No. 1-93-4135, shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIR's and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the draft environmental impact report prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA. Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals, need not repeat this process as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR.

(c)

Transportation demand and trip reduction measures.

(1)

Applicability of requirements. Prior to approval of any development project, the applicant shall make provisions for, as a minimum, all of the following applicable transportation demand management and trip reduction measures.

(2)

Development standards.

a.

Nonresidential development of twenty-five thousand (25,000) square feet or more shall provide the following to the satisfaction of the City:

1.

A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to, the following:

(i)

Current maps, routes and schedules for public transit routes serving the site;

(ii)

Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators;

(iii)

Ridesharing promotional material supplied by commuter-oriented organizations;

(iv)

Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information;

(v)

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

b.

Nonresidential development of fifty thousand (50,000) square feet or more shall comply with subsection (c) (2)a. above and shall provide all of the following measures to the satisfaction of the City:

1.

Not less than ten (10) percent of employee parking area, shall be located as close as is practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of the City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one (1) space for projects of fifty thousand (50,000) square feet to one hundred thousand (100,000) square feet will be signed/striped for carpool/vanpool vehicles.

2.

Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of seven (7) feet two (2) inches shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas. Compliance with this minimum vertical clearance standard is not intended to relieve the duty or obligation that may be imposed with any requirements or provisions of the Americans with Disabilities Act or Title 24, State of California Energy/Insulation Regulations and Handicapped Persons Standards.

3.

Bicycle racks or other secure bicycle parking shall be provided to accommodate four (4) bicycles per the first fifty thousand (50,000) square feet of nonresidential development and one (1) bicycle per each additional fifty thousand (50,000) square feet of non-residential development. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may also be a fully enclosed space or locker accessible only to the owner or operator of the bicycle, which

protects the bike from inclement weather. These standards are intended to exceed the minimum bicycle parking and loading standards set forth in article III, division 6. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the City.

c.

Nonresidential development of one hundred thousand (100,000) square feet or more shall comply with subsections (c)(2)a. and (c)(2)b. above, and shall provide all of the following measures to the satisfaction of the City:

1.

A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.

2.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development.

3.

If determined necessary by the City to mitigate the project impact, bus stop improvements must be provided. The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to nearby transit stations/stops.

4.

Safe and convenient access from the external system to bicycle parking facilities on-site.

(d)

Transportation demand and trip reduction measures monitoring. All development projects for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA), and for which all applicable demand management and trip reduction measures are required per this division, shall comply with the mitigation monitoring program and enforcement of mitigation measures as established within Section 9 of the City's CEQA Resolution as adopted and amended.

(e)

Transportation demand and trip reduction measures enforcement. No person shall violate or fail to comply with any or all of the applicable demand management and trip reduction measures, as required per this division and as enforceable as conditions of approval of the conditional use permit, precise plan or other discretionary approval(s) for the project. Should the developer, or responsible or trustee agency, violate or fail to comply with this division, and applicable conditions of approval, all permits including, but not limited to, the certificate of occupancy and/or business license, conditional use permits, precise plans or other discretionary approvals for the project may be revoked by the City. Furthermore, any such violation or

failure to comply with any or all of this division may result in the revocation of the certificate of occupancy and/or business license.

Table 3-7 CMP TDM Ordinance Requirements

;adv=6;(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 8. - SIGN REGULATIONS

(a)

This division provides standards for the regulation of the location, size, type, illumination, and number of signs with the goal of enhancing the visual appearance of the City.

(b)

The requirements and development standards set forth in this division shall apply to all zones in the City. Sign authorized by this division shall only be allowed in that zone unless otherwise expressly provided in this division.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

No sign, including temporary signs, shall be installed, constructed or altered unless a sign permit, administrative sign permit, or a sign program approval has first been obtained in compliance with this section, or the sign is allowed without a sign permit approval pursuant to this section. A building permit may be required prior to the installation, construction or alteration of a sign. Following the approval of a proposed sign or sign program, each sign installed and maintained shall comply with the requirements of the sign permit and/or sign program.

(a)

Sign permit application. An application for a sign permit shall be prepared, filed, and processed, in compliance with the requirements of article VI. The application shall include architectural elevations and plans of all proposed signs. The signs on the plans shall be dimensioned, drawn to scale, and include illustrations of copy, colors, and materials. The plans submitted shall also include the location of each proposed sign on any structure(s) at the site.

(b)

Sign permit review authority. The Community Development Director or their designee shall review all sign permit applications. A sign permit (SP) shall be considered ministerial and reviewed the same way as a zoning clearance. An administrative sign review (ASR) and/or a sign program shall be considered discretional and shall be processed as specified within subsections (c) through (e) below. The review authority may require conditions of approval as reasonably necessary to achieve the purposes of this division.

(c)

Sign Programs. A sign program shall be required for commercial office, business park, or complexes that include three (3) or more enclosed tenant spaces, multiple buildings or in non-residential developments where the individual tenant spaces are not adjacent to the proposed individual tenant signs. Sign programs requiring the coordination of signs on the same site shall be required for sites with two (2) or more enclosed tenant spaces. Developed sites shall comply with this section upon requests for either new signs through sign administrative review or sign exception review or for building design remodel requests through precise plan revision or planning director's modification. This may include, but not be limited to adding building square footage, separation of one (1) tenant unit into two (2), or a change of the exterior architectural color, style, or design. Sign programs for other developments may include shopping centers, industrial complexes, establishments with drive-throughs or business parks where the sign locations are located on any individual tenant spaces are optional at the discretion of the property owner. A sign program may also be proposed to provide identity and directional signage for a neighborhood or district recognized by the City. Sign programs shall be reviewed and approved by the Community Development Director or their designee, or elevated to the appropriate review authority, at the discretion of the Community Development Director or their designee.

(1)

The purposes of the sign program is to establish signage for all tenants and users of a complex, shopping center of neighborhood or district. An approved sign program shall set forth standards for all signs within the complex, shopping center, building, neighborhood, or district.

(2)

A sign program shall comply with the provisions set forth in this division. A sign program may be more restrictive than the criteria in this section and the sign program shall set forth standards regulating the size, number, location and types of signage permitted.

(d)

Findings for approval. The approval of an administrative sign review or sign program shall require that the review authority make all of the following findings:

(1)

The proposed signs do not exceed the standards set forth in article III, division 8, and are of the minimum size and height necessary to identify the site from a sufficient distance for the purposes of conveniently and safely accessing the site;

(2)

The size, location and design of the proposed signs are compatible and complementary with the scale and architecture of the primary structures and any prominent natural features on the site and for any adjacent properties along the same street; and

(3)

The proposed signs are in conformance with any applicable design criteria in the City's design guidelines.

(e)

Approval period, expiration, and time extension of sign permits. A sign permit approval shall expire one (1) year from the date of issuance unless the sign has been installed within the period.

(1)

Prior to the expiration of a sign permit, the applicant may apply and request to the Community Development Director or their designee, an extension of up to one (1) additional year.

(2)

A sign permit shall become null and void if circumstances occurring prior to the installation of the sign change significantly and such changes would not conform to the requirements of this division.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 26, 3-18-25)

Sec. 26-100. - Exempt signs.

The following signs are allowed in all districts and exempt from the requirements of a sign permit provided the sign is not illuminated and does not create a public nuisance and are not located in a public right-ofway. The area of the signs listed in this section shall not be included in the calculation of the maximum total sign area per parcel as set forth in section 26-102.

(a)

Temporary noncommercial signs no larger than thirty-two (32) square feet in area and no longer than eight (8) feet in any dimension, on private residential zoned properties, properties used for residential, and/or institutional uses; review exempt signs must be free from tears, rips, rust, deterioration, or similar condition described within section 15-200 of this Code. No such sign shall be placed on the roof of any structure, City-protected trees, or on the public right-of-way.

(b)

Official traffic signs or other state, federal, county or local government signs, legal notices, advertisements prescribed by law and placed by governmental entities, and signs indicating utility lines or any notice posted by a government agency.

(c)

Directional, warning, or information signs required or authorized by federal, state, county, or local government agencies including, but not limited to, traffic control signs, highway route identification signs and construction zone signs.

(d)

Street address signs conforming to the City-adopted building and/or fire codes or applicable regulations of the City's Municipal Code.

(e)

Signs prohibiting trespassing or providing property security warnings (e.g. alarm, guard dogs, camera).

(f)

Election season signs and posters subject to the following conditions:

(1)

No sign shall be erected earlier than ninety (90) days prior to the start of the closest future election date and each sign shall be removed within ten (10) days after that election.

(2)

No sign shall be placed within the public right-of-way or on public property.

(3)

No such sign shall be placed on private property without the property owner's permission and/or approval.

(4)

No such sign shall be placed on the roof of any structure.

(g)

Temporary on-site real estate signs subject to the following conditions:

(1)

Real estate signs located within any residential zone shall not exceed six (6) square feet in area, and such signs within commercial, industrial, or mixed-use zoning districts shall not exceed sixteen (16) square feet in area.

(2)

Freestanding real estate signs shall not exceed six (6) feet in height.

(3)

A maximum of one (1) real estate sign shall be displayed per street frontage.

(4)

All real estate signs shall be removed no later than fifteen (15) days after the closing of the transaction proposed by the sign.

(h)

Temporary off-site real estate signs advertising an open house for a home sale or special leasing event. Such signs shall be no larger than two (2) square feet, and shall be removed each evening after the close of the open house or when the leasing center closes.

(i)

Any window signs located in non-residential zones, provided that the aggregate sign area does not exceed fifty (50) percent of the area of any single window (or as otherwise required by this Development Code) to maintain reasonable visibility into the business for security purposes.

(j)

Murals that are non-commercial in nature are allowed on mixed-use and non-residential buildings provided property owner and City approval, subject to the requirements set forth in chapter 17, article II (art in public places) have been obtained. The area of the mural shall not count toward any total sign area allowed for the site or building. Any mural displaying an advertisement or commercial message shall be regulated by any applicable standards set forth in article III, division 8.

(k)

Temporary and permanent address signs and numbers within commercial, industrial, mixed-use and multifamily zoning districts shall not exceed six (6) square feet in area, unless additional area is required by

the City-adopted building and/or fire codes.

(l)

Temporary garage, estate or yard sale signs advertising the day sale of items shall be limited to a maximum of one (1) sign not exceeding six (6) square feet in area. The sign shall not be displayed for a period longer than one (1) day within a one (1) year period. The sign shall not be displayed or posted within the public right-of-way.

(m)

Temporary construction signs. One (1) temporary sign per construction site which identifies the developer, designers, and contractors, up to thirty-two (32) square feet in area. This sign shall be removed once construction activities have ceased.

(n)

Tract grand opening or new leasing center signs. One (1) ground-mounted sign per street frontage (maximum of two (2) per site) that provide sale and/or leasing information is permitted up to twelve (12) square feet per sign panel with a maximum character height of eight (8) inches. The leasing sign structure may have a maximum height of ten (10) feet. These signs shall be separated by a minimum of one hundred (100) feet, unless if they are separated by a driveway/road. No illumination is permitted for this sign type. Wood, steel, and pre-punched galvanized U-posts are not acceptable. No balloons, streamers, or other temporary attachments are permitted.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, §§ 27—29, 3-18-25)

Sec. 26-101. - Prohibited signs and locations.

(a)

The following signs are prohibited except as provided in article V, division 3, nonconforming signs and section 26-104, temporary signs:

(1)

Any sign erected or maintained without the consent of the owner of the land upon which the sign is situated.

(2)

Any sign erected upon over public property, other than the signs installed by state, county or City agencies.

(3)

Flashing, moving or otherwise animated elements or any revolving signs.

(4)

Projecting signs that project within the public right-of-way or private street or have a vertical clearance of less than nine (9) feet from the sidewalk.

(5)

Abandoned signs which advertise goods and/or services which have not been available for a period of ninety (90) or more days.

(6)

Any A-frame sign, or ground sign temporarily supported by poles or braces places upon the ground, or any other sign propped against a vehicle or object in a parking lot or public right-of-way unless permitted under tables 3-17 and 3-18.

(7)

Bench signs located at bus stops, excluding any authorized bus stop signage.

(8)

Roof signs or any sign proposed above a roof line that is not architecturally integrated within the structure of the roof unless approved as a creative sign as part of a sign program (see sections 26-99 and 26-103).

(9)

Any sign containing harmful matter as defined by chapter 15 of this Code.

(10)

All banner signs, wind signs, balloons, and tube signs of a commercial nature except those permitted as temporary signs, under tables 3-17 and 3-18, and/or section 26-104.

(11)

All inflatable signs and sign designated to be flown, including balloons, strings of balloons, kites or atrial signs, that are made of an electrically conductive material.

(12)

Signs which create sound.

(13)

Any sign greater than six (6) square feet on property located within a residential zone, except as otherwise provided by this Development Code.

(14)

Painted wall signs.

(15)

Off-site commercial signs.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-102. - Signs allowed by zoning district and use.

Each sign shall comply with the sign standards set forth by this section, unless otherwise provided in this division.

(a)

Multifamily residential zoning districts. Each sign in a residential zoning district established by article II of this Development Code shall comply with the following requirements:

Table 3-8 Sign Standards for Multifamily Residential Zoning Districts.

Table 3-9 Sign Standards for Mobilehome Parks.

(b)

Office and institutional uses (e.g. religious facilities). Each sign in an office or institutional zone shall comply with the requirements set forth in table 3-10 below, and to the requirements set forth in section 26-100, and to all applicable standards set forth in this division.

Table 3-10 Sign Standards for Office Buildings including institutional use (e.g. religious facilities).

(c)

Commercial, mixed-use, and industrial zoning district sign standards. Each sign in a commercial, mixeduse or industrial zoning district shall comply with the requirements set forth in Tables 3-11 through 3-18 below, and to all applicable standards set forth in this division.

Table 3-11 Sign Standards for Commercial and other non-office sites (on-site noncommercial signs included).

Table 3-12 Sign Standards for Commercial and other non-office sites (on-site noncommercial signs included)—Detached signs (for single-tenant buildings not part of a planned center).

street frontage on a public street that is adjacent to the freeway right-of-way)

Table 3-13 Sign Standards for Commercial and other non-office sites (on-site noncommercial signs included)—Detached signs (for multi-tenant buildings or buildings part of a planned center).

Table 3-15 Sign Standards for Commercial and other non-office sites (on-site noncommercial signs included)—Detached signs (Temporary Special Use). No permit required.

Table 3-16 Readerboards—Administrative Sign Review required unless otherwise stated.

CUP. (20 s.f. of which shall be used for physical static sign copy to identify the name and numerical address of the institution).

Table 3-17 Sign Standards for Events on Commercial Sites Requiring a Temporary Use Permit.

Table 3-18 Sign Standards for Events on Commercial Sites Requiring a Special Event Permit.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-103. - Sign development standards and regulations.

(a)

The standards set forth in this section shall be utilized for advertising displays and signs and shall not apply to the design of temporary signs.

(1)

Sign height measurement. The height of a proposed sign shall be measured from the upper most portion of the sign used in determining the area of the sign to the base of the sign of the sign to the nearest base of

the adjacent on-site building, or the nearest curb of the public street, whichever is closest to the location of the sign.

(2)

Measurement of sign area. any supporting structures including sign bases and columns shall not be included in the calculation of sign area. Sign area shall include the entire area within a single continuous perimeter composed of up to four (4) triangles, squares, or rectangles that enclose the extreme limits of all sign elements, including borders, written copy, logos, symbols, illustrations and color.

(3)

Sign illumination. The following standards shall apply to all illuminated signs:

a.

Signs may be internally or externally lit, however any illumination shall spill onto adjacent properties, nor create a public nuisance or public safety hazards. Any exterior lighting sources shall be shielded from view and directed to illuminate only the sign face.

b.

The line of sight from an illuminated sign shall not be of an intensity or brightness or directed in a manner that will negatively impact residential properties in a direct line of sight to the sign.

c.

Any lights illuminating signs shall not flash, blink, flitter, nor include intermittent or chasing lights, or any illumination that is in motion or appears to be in motion.

d.

Colored lights shall not be used in a manner that may be confused or construed as traffic control devices.

(4)

Sign maintenance. Signs and any supporting hardware shall be maintained in a safe condition, painted, and adequately protected from weathering with all braces, bolts, and structural parts, supporting frames, and fastenings reasonably free from deterioration, rot, rust, and loosening so that they do not create a hazard to persons or property or constitute a nuisance.

(5)

Design and style. Any proposed sign shall be designed to be compatible with and relate to the architectural style of the main structure(s) of the site where the sign will be located. Signs located on commercial sites near residential areas shall be unobtrusive and compatible with adjacent residential areas. Any new can or cabinet signs are prohibited, with the exception of nationally recognized logos. New wall signs shall be individual channel letters with a minimum depth of two (2) inches.

(b)

To allow for innovative, imaginative, and a variety of signage that would positively contribute to the aesthetics of the City, a creative sign may be proposed as part of a sign program. Murals that advertise the business is an example of creative signage.

(1)

Applicability. An applicant may propose a creative sign in order to request approval of development standards that differ from the provisions of this chapter (except as indicated herein), but comply with the purpose and findings of this section. However, a creative sign may not be any of the prohibited sign types identified in section 26-101.

(2)

Application. All creative signs shall be processed pursuant to a sign program.

(3)

Approval authority. The Planning Commission shall review all creative signs.

(4)

Standards.

a.

Creative signs are only permitted within non-residential and mixed-use zones.

b.

Creative signs shall not encroach into the public right-of-way unless an encroachment permit is approved by the City Engineer or their designee.

c.

Creative signs shall comply with the height limit of the zone.

d.

A business cannot have both a creative sign and a standard wall sign. If a business opts to have a creative sign, the business shall not have a standard wall sign.

e.

An electronic readerboard and/or any type of digital signage shall not be considered a creative sign.

(5)

Findings. The Planning Commission shall not approve a creative sign unless the proposed sign meets the following design criteria:

a.

Design quality. The sign shall:

1.

Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area;

2.

Be of unique design, and exhibit a high degree of imagination, inventiveness, spirit, and thoughtfulness; and

3.

Provide strong graphic character through the imaginative use of color, graphics, proportion, quality materials, scale, and texture.

b.

Contextual criteria. The sign shall contain at least one (1) of the following elements:

1.

Classic historic design style;

2.

Creative image reflecting current or historic character of the City; or

3.

Inventive representation of the logo, name, or use of the structure or business.

c.

Architectural criteria. The sign shall:

1.

Utilize or enhance the architectural elements of the building; and

2.

Be placed in a logical location in relation to the overall composition of the building's facade and not cover any key architectural features and details of the facade.

d.

Impacts on surrounding uses. The sign shall be located and designed not to cause light and glare impacts on surrounding uses, especially residential uses.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)