Sec. 26-115. - Containment of carts.

This section sets forth a uniform set of standards for any business establishment that uses carts in its operations, or that provides, or otherwise makes carts available for the use of its customers. Business establishments utilizing carts shall employ and/or install physical containment devices and/or equipment designed to prevent the unauthorized removal of such carts from the premises where they are located.

(a)

The following definitions shall apply:

(1)

Cart means any basket or other like container of any size, dimension or material construction which is mounted on wheels or a similar device and is typically (but not necessarily exclusively) used by the customers, agents or employees of a business establishment for the purposes of transporting items of any kind.

(b)

Cart containment regulations.

(1)

Each business establishment shall have a sign permanently affixed to all carts complying with the requirements of the Business and Professions Code Section 22435.1, shall have signage installed on site notifying customers that removal of the carts from the premises is prohibited, and shall be required to employ and or install one (1) or more of the following physical containment measures, subject to the Community Development Director's review and approval of a cart containment plan specifically indicating the means of cart containment proposed to be utilized;

a.

Equipping all carts with a wheel locking or stopping mechanism used in conjunction with an electronic or magnetic barrier running along or within the perimeter of the premises. Such wheel locking or stopping mechanism must activate when the cart crosses the electronic or magnetic barrier.

b.

Equipping all carts with devices and/or equipment which physically prevents the carts from being removed from the interior of any building or structure in which they are used;

c.

Installing physical barriers within all buildings or structures which physically prevent carts from being removed from the interior of any building or structure in which they are used;

d.

Installing an alternative cart containment system proposed by the specific business establishment and approved by the Community Development Director.

(2)

The employment and/or installation of any one or more of the options set forth under subsections (b)(1) through (b)(3) of this section shall be required within sixty (60) calendar days of a written determination by the Community Development Director or their designee determining that an approved alternative cart containment system option does not reliably prevent the removal of carts from the premises. A containment system option does not relatively prevent the removal of carts from the premises. A containment system shall be deemed not to reliably prevent the removal of carts from the premises if the number of carts removed from the premises or found abandoned exceeds three (3) carts in a thirty (30)-day period and/or eight (8) total carts in any calendar year.

(c)

Cart containment approval process.

(1)

Approval by Community Development Director. Commencing upon the effective date of this division, every new or existing business establishment utilizing carts must either:

a.

Submit documentation proving, to the reasonable satisfaction of the Community Development Director or their designee, that the business establishment has installed any one or more of the measures set forth under subsections (b)(1) through (b)(3) and that such system is operational and in good working condition; or

b.

Submit to the Community Development Director or their designee a proposal for the installation of an alternative cart containment system. The Community Development Director or their designee shall have thirty (30) calendar days from the date of submission to review any proposal for a barrier system contemplated under section (b)(4) and may thereafter approve the proposal; deny the proposal; approve the proposal subject to modification and amendments aimed at enhancing its cart containment reliability and/or its architectural and aesthetic consistency with other on-premises improvements; or forward the proposal to the Planning Commission for review and render the final decision. No new business establishment shall be issued a certificate of occupancy until the requirements of this section are satisfied.

(d)

Implementation and amortization.

(1)

All existing business establishments which do not have cart containment measures employed in accordance with subsections (b)(1) through (b)(3) or have an approved alternative containment measure employed per subsection (b)(4), as of the effective date of the ordinance codified in this section, shall so comply within twelve (12) months after the effective date. A business establishment and/or owner of the premises upon which the business establishment is located may apply for an extension of time from the amortization period no more than ninety (90) days prior to the expiration date or no more than thirty (30) days after the expiration date.

a.

The extension of time request shall be reviewed by the Community Development Director. The Community Development Director may only consider one (1) extension of time per business establishment. In no case shall an extension of time greater than six (6) months be granted. The Planning Commission, upon appeal, shall make the following findings in approving or conditionally approving an application for the extension of time request.

1.

That the struct application of the required cart containment measure will create an unreasonable hardship upon the applicant, which was not brought about by an act of the applicant.

That the extension of time requested will not be materially detrimental to the public health, safety, or general welfare or to the use, enjoyment or valuation of property of other persons located within the vicinity.

3.

That sufficient evidence has been submitted to support the need for the extension of time and appropriate amount of time.

b.

Written notice of time and place of hearings conducted by the Planning Commission upon appeal relating to such matter shall be given not less than ten (10) consecutive calendar days in advance of such hearing to the applicant and property owner whose property is within a three hundred (300) foot radius of the subject lot. The applicant shall be responsible for providing the City with the required radius map and mailing labels. All persons interested in such matters shall be given a reasonable opportunity to present relevant evidence relating to the request.

(e)

Requirements for securing carts.

(1)

All carts located on the premises of any business (other than business establishments open twenty-four (24) hours per day) shall be collected at the end of each business day by employees of the establishment and shall be collectively confined in a secure manner until the commencement of the next business day.

(f)

Cart retrieval requirements.

(1)

The cart owner shall secure and continuously maintain a service to retrieve shopping carts which have been removed from their business premises within twenty-four (24) hours of the removal or notice of removal.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-116. - Drive-through facilities.

This section sets forth the performance standards for the construction and implementation of drive-through pharmacies and financial institutions in a manner which ensures the on-going compatibility of such uses with neighboring residential development and other sensitive receptors such as but not limited to schools, hospitals, convalescent homes, etc. A conditional use permit shall be obtained prior to establishing and operating a drive-through facility in a commercial, mixed use and industrial zones, and Specific Plan zones where applicable, provided that the facility and/or site complies with the following minimum requirements:

(a)

Drive-through facilities shall not be within five hundred (500) feet of another drive-through facility. This shall be measured from the building and/or queuing lane, whichever is closer.

(b)

Area requirements. Every drive-through facility shall be located on a site having an area of not less than ten thousand (10,000) square feet and a minimum street frontage of not less than one hundred (100) feet.

(c)

Drive-through facilities are prohibited in the West Covina Downtown Plan area.

(d)

Adequate separation between drive-through facility and adjacent residential developments and other sensitive receptors, as determined by the Community Development Director or their designee and/or Planning Commission, shall be provided by the following methods:

(1)

A minimum distance of fifty (50) feet between the property lines of any residential zone or residential development or other sensitive receptor and the outer perimeter of the drive-through lane(s), outdoor play area, and outdoor seating area shall be maintained.

(2)

The drive-through facility shall not be located within a 500-foot radius of a school or park unless mitigating factors exist.

(3)

A minimum of five-foot (5'-0") wide landscaped buffer and/or minimum six-foot (6'-0") high wall along the property line shall be provided. Said landscape buffer 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.

(e)

Design standards. The following standards shall apply to the design of any new development providing a drive- through service.

(1)

Drive-through lanes shall not obstruct the circulation routes necessary for access to the property, parking areas (including backup area of parking spaces), and pedestrian walkways.

(2)

Pedestrian walkways shall be emphasized by enriched pavement or striping.

(3)

Drive-through facilities within an integrated shopping center shall be consistent with the center in terms of architectural design and detailing, roof material, exterior finish materials and color.

(4)

Each drive-through aisle shall be appropriately screened with a combination of landscaping, low decorative walls, and/or berms to prevent headlight glare from impacting adjacent residences, businesses, public rights-of-way, and parking lots.

(5)

Landscaping along the drive-through aisle shall be a minimum of five (5) feet in width.

(6)

Landscaping and fencing shall be consistent with article III division 5 and trees should be provided to buffer adjacent uses.

(7)

Decorative paving shall be used at project entries and in pedestrian areas to enhance the pedestrian environment.

(8)

New buildings with drive-through facilities shall orient the primary building entrance toward the street to provide direct access to the public sidewalk.

(f)

Queuing. Proposed drive-through facilities shall require a parking and queuing study that is based on similar operations, addressing the anticipated traffic volumes and vehicular stacking needs of the proposed business.

(1)

Queuing lanes shall be a minimum length of two hundred (200) feet starting from the center of a pick-up station or window. Queuing length may vary dependent on the queuing study.

(2)

Queuing lanes shall not interfere with the use of or access to any parking or loading spaces.

(g)

Noise levels shall not increase ambient noise levels by five (5) dba as measured at all property lines abutting residential development and other sensitive receptors. This may be achieved through one (1) or more of the following methods, as determined by the Community Development Director or their designee and/or Planning Commission:

(1)

All deliveries and exterior building and landscaping maintenance and cleaning activities may be limited as necessary to achieve compatibility with adjacent sensitive land uses.

(2)

Hours of operation may be limited as necessary to achieve compatibility with adjacent sensitive land uses.

(3)

The applicant shall provide a noise study prepared by an acoustical engineer indicating that the proposed operation will not increase ambient noise levels by five (5) dBA as measured at all property lines abutting residential development and other sensitive receptors.

(4)

The applicant shall provide the plans and specifications for any potential noise sources (e.g., the speaker system, trash compactor, delivery trucks, etc.).

(5)

If speakers are utilized, the speaker box shall be oriented away from adjacent residences and other sensitive receptors.

(h)

The site shall be served by an improved arterial or collector street adequate in width to carry the quantity of traffic generated by the use without significantly lowering the existing level of service of that street. The Community Development Director or their designee and/or Planning Commission may require the applicant to prepare and submit a traffic study which addresses:

(1)

The placement, design, and adequacy of the vehicle queuing aisle.

(2)

The use demand for the proposed facility.

(3)

On-site circulation and parking lot design.

(i)

Such other requirements and/or standards as deemed by the Community Development Director or their designee and/or Planning Commission to reasonably relate to the purpose of this division may be required as a condition of approval.

(j)

Findings. The Planning Commission shall not grant a conditional use permit for a drive-through facility without finding:

(1)

Said facility has adequate vehicle queuing distance, including with due consideration for menu board location, clear of any adjacent public right of way, and shall not create any vehicular or pedestrian travel hazards as demonstrated in a traffic study prepared to the satisfaction of the City Engineer.

(2)

That the project substantially conforms with the purpose, intent and provisions of the General Plan, any applicable Specific Plan, or other applicable regulation.

(3)

That the location and design of the facility is compatible with surrounding existing uses, includes a prominent main entrance at street or lot frontage, attractive landscaping, and includes sufficient pedestrian amenities, and interior floor area.

(4)

The said facility includes sufficient emissions controls to prevent idling vehicles, tunneling of emissions, and associated impacts on employees, visitors, and nearby sensitive receptors.

(5)

That said facility includes buffering sufficient to control any spillover impacts, including but not limited to noise, light, and debris that may impact surrounding sensitive receptors.

(6)

That said facility, if located within one hundred fifty (150) feet of a residential zone, includes appropriate limits on hours of operation of the drive-through.

(7)

That said facility is not located in an area of existing overconcentration of drive-through facilities and is not located within a 500-foot radius of a school or park unless mitigating factors exist.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-117. - Electric vehicle charging stations and solar carports.

This section sets forth design and development standards for commercial electric vehicle charging stations and solar carports located within parking lots.

(a)

Electric vehicle charging stations. This section shall provide additional development standards in addition to the standards adopted in article XVIII permit process for electric vehicle charging stations.

(1)

Electric vehicle charging stations may only provide required signage for compliance with accessibility requirements and U.S. Department of Transportation Federal Highway Administration's Manual on Uniform Traffic Controls.

(2)

Per state law, electric vehicle charging stations and related equipment are required to be counted towards the City's parking standards/ratio. As such, signage preventing non-electric vehicles from being parked on electric vehicle charging station spaces shall be prohibited.

(b)

Solar carports. This section shall provide development standards for solar panel canopies located within parking lots.

(1)

Solar carports shall not be located within any required building setback.

(2)

Solar carports shall not be located within one hundred (100) feet of the front facing portion of buildings.

(3)

Solar carports shall not result in a net loss of any required parking.

(4)

No signage shall be permitted on the solar carports other than signage required for ADA and identification purposes.

(c)

Electric vehicle charging stations and/or solar carports shall not include any offsite advertisement.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 31, 3-18-25)

Sec. 26-118. - Emergency shelters.

This section sets forth a uniform set of standards for emergency shelters to provide temporary housing for people who are not securely housed.

(a)

Standards and regulations. Emergency shelters for people experiencing homelessness shall be subject to and comply with the following standards and regulations.

(1)

A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use per article II division 2, consistent with California Government Code section 65583(a)(4)(A). All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in article VI division 4.

(2)

The maximum stay at the facility shall not exceed one hundred eighty (180) days in a three hundred sixtyfive (365) day period.

(3)

A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.

(4)

A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290.

(5)

Parking shall be provided at the facility as indicated in section 26-91.

(6)

Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the parking lot design and lighting standards.

(7)

A waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility. Said waiting area shall be in a location not adjacent to the public right-of-way, shall be visually separated from public view by a minimum six (6) foot tall visually screening decorative wall or fence and shall provide consideration for shade/rain provisions.

(b)

Operational plan. An operational plan shall be provided. The approved operational plan shall remain active throughout the life of the facility. At a minimum, the plan shall contain provisions addressing the topical areas outlined below.

(1)

Security and safety. Addressing both on and off-site needs shall include the following rules and procedures:

a.

The facility shall establish and enforce a strict code of conduct including the prohibition of weapons and their use.

b.

The facility shall establish procedures for client intake and shall maintain a client roster. The roster shall be made available to the City upon request.

(2)

Loitering control. With specific measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility during hours that clients are not allowed on-site.

(3)

Management of outdoor areas. Including a system for daily admittance and discharge procedures and monitoring of waiting areas.

(4)

Hiring procedures. Describe procedures for ensuring that staff are not convicted felons or are required to register as a sex registrant.

(5)

Staff training. With objective to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income.

(6)

Communication and outreach. With objective to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the public.

(7)

Screening. Provide criteria to screen clients for admittance eligibility, with objective to provide first service to individuals with connections to West Covina.

(8)

Counseling. To provide counseling programs with referrals to outside assistance agencies and provide an annual report on this activity to the City.

(9)

Litter control. With an objective to provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24) hour period.

(10)

Contact information. The operator shall provide the City with the most current contact information for the operator of the facility during the normal daytime office business hours, and the nighttime contact information for the "person on duty" when the emergency shelter is operating.

(11)

State law compliance. The operator shall ensure proper compliance with all state laws pertaining to client residency and occupancy.

(12)

Emergency response. The operator shall establish standards for responding to emergencies and incidents by expelling clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall also be established.

(c)

Required services. The facility shall provide the following services in a designated area separate from sleeping areas:

(1)

A recreation area inside the shelter or in an outdoor area visually separated from [public] view by a minimum six (6) foot tall visually screening decorative wall or fence.

(2)

A counseling center for job placement, educational, health care, legal services, or mental health services.

(3)

Laundry facilities to serve the number of clients at the shelter.

(4)

Kitchen and dining area.

(5)

Client storage area.

(6)

Similar types of facilities to address the needs of homeless clients, as determined by the Community Development Director or their designee.

(d)

Parking. An emergency shelter facility shall provide parking as indicated in article III, division 6.

(e)

The facility shall comply with all other laws, rules, and regulations that apply including, but not limited to, building and fire codes. The facility shall be subject to City inspections prior to the commencement of operation. In addition, the City may inspect the facility at any time for compliance with the facility's operational plan and other applicable laws and standards.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 32, 3-18-25)

Sec. 26-119. - Private gymnasiums and fitness studios.

The purpose of this section is to serve the need of the public in regard to gymnasiums and fitness studios while guaranteeing the adequacy of the site for the use and the protection of the surrounding properties through consideration of physical treatment, parking requirements and compatibility with surrounding properties.

(a)

Application. Gymnasiums and fitness studios may be established only in the zones as specified in article II, division 2 through a conditional use permit. The application shall include a precise plan for new structures (as specified in article VI, division 3).

(b)

Development standards. The development standards of the zone in which this use is to be located shall apply (as specified in article II, division 2 of this chapter) unless this section specifically permits or prohibits otherwise.

(c)

Parking shall be required as indicated in article III, division 6.

(d)

Conditions of approval. Conditions of approval of an administrative permit or conditional use permit for gymnasiums and athletic clubs shall include but not limited to the following:

(1)

The administrative permit or conditional use permit shall become null and void upon transfer of ownership or any other interest in the use permitted.

(2)

The administrative permit or conditional use permit may be revoked, amended, and suspended by the Community Development Director or Planning Commission under the provisions of article VI of this chapter.

(3)

Licenses and permits as required in chapter 14 of this Code shall be obtained prior to the start of the operation of the use.

(4)

Such other conditions as deemed by the Community Development Director or Planning Commission to reasonably relate to the purpose of this division.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-120. - Home occupation.

The purpose of the home occupations provisions is to permit the conducting of a business for supplemental income in residential dwellings without changing the residential character of surrounding neighborhood.

(a)

Regulations and requirements. The following regulations and requirements apply to home occupations:

(1)

No employment or help other than the resident members of the resident family.

(2)

No mechanical, electrical equipment, or stock material shall be used other than that customarily found in the home associated with a hobby or avocation not conducted for gain or profit except machinery,

equipment or stock material which is essential in the conduct of the home occupation, providing that such machinery, equipment or stock material does not generate, emit or create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than normally experienced in an average residential neighborhood.

(3)

No in person contact with the public or in person sale of products on the premises except by mail, phone, or internet.

(4)

No generation of pedestrian or vehicular traffic beyond the amount normal to a residential neighborhood.

(5)

No more than one (1) room or two hundred (200) square feet, whichever is less, shall be employed for the home occupation.

(6)

No garage, accessory building or open ground space shall be employed for home occupation or for storage of equipment, supplies, or products, except the vehicle (and equipment, supplies or products stored within the vehicle) employed by the home occupation.

(7)

No commercial advertising or identifying signs.

(8)

In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character prior to the installation of the home occupation.

(9)

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes, including computers and phones used for business.

(10)

These regulations shall not apply to community care facilities except when in conflict with a specific state licensing requirement.

(b)

Permitted uses regarding home occupations are limited to sales and services type business with no on-site contact with the public, production and assembling of small quantities of items. Contact with clients is limited to one (1) client on the premises. This does not include family day cares.

(c)

The following services and uses require a conditional use permit as set forth in article VI.

(1)

Foster home (more than six (6) children)

(2)

Hobby kennel (subject to requirements of section 26-111 animal keeping)

(3)

Horse boarding or breeding (subject to requirements of section 26-111 animal keeping)

(d)

The following uses by the nature of the investment or operation have a pronounced tendency, once started, to rapidly increase beyond the limits permitted for home occupations and thereby substantially impair the use and value of a residential neighborhood. These specified uses shall not be permitted as home occupations:

(1)

Auto Repair

(2)

Barber or beauty shop.

(3)

Bicycle repair.

(4)

Carpentry work.

(5)

Dance instruction.

(6)

Laundering service.

(7)

Massage parlor.

(8)

Medical or dental office.

(9)

Painting of vehicles, trailers or boats.

(10)

Photo developing.

(11)

Photo studio.

(12)

Private school with organized classes.

(13)

Radio or television repair.

(14)

Upholstering.

(15)

Welding.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)