Sec. 26-203. - Review authority.

(a)

Community Development Director review. The Community Development Director or their designee shall, within twenty (20) days of the application deemed as complete, grant, grant with conditions, or deny an application/request for reasonable accommodation.

(b)

Other reviewing authority. If the application for reasonable accommodation is submitted for concurrent review with another application for approval, permit or entitlement under this chapter, the decision to grant, grant with modifications, or deny the application shall be made by the authority taking action on such other application. The decision to grant, grant with modification, or deny the request for reasonable accommodation shall be made in accordance with article VI, division 2.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-204. - Criteria for consideration.

(a)

The following factors shall be considered in making a determination regarding the reasonableness of any request for reasonable accommodation under this division:

(1)

The need for the requested modification, including alternatives that may provide an equivalent level of benefit;

(2)

The physical attributes of and any proposed changes to the subject property and structures;

(3)

Whether the requested modification would impose an undue financial or administrative burden on the City;

(4)

Whether the requested modification would constitute a fundamental alteration of the City's General Plan, applicable Specific Plan, zoning or subdivision program;

(5)

Whether the requested modification would result in a concentration of uses otherwise not allowed in a residential neighborhood to the substantial detriment of the residential character of that neighborhood;

(6)

Whether the requested modification is being provided primarily to benefit one (1) or more persons with a disability;

(7)

Whether the requested modification is necessary for therapeutic benefit to the person(s) with a disability;

(8)

Whether the requested modification would result in a substantial increase in traffic or insufficient parking;

(9)

Whether the requested modification would significantly deprive any neighboring property owners of the use and enjoyment of their own properties;

(10)

Whether there are preferable and/or feasible alternatives to the requested accommodation that may provide an equivalent level of benefit;

(11)

Whether proposed changes to property or structures are compatible with surrounding development or create potential impact(s) on surrounding uses;

(12)

Whether the findings of section 26-205(b) exist; and

(13)

Any other factor that may have a bearing on the request.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-205. - Decision and findings.

(a)

An application for reasonable accommodation may be granted, granted with modifications, granted with conditions, or denied. Any such decision shall be in writing supported with findings and conclusions addressing the criteria set forth in section 26-204.

(b)

A written decision granting an application for reasonable accommodation shall, in addition to the findings described in subsection (a) of this section, include the following findings:

(1)

That the dwelling, which is the subject of the request for reasonable accommodation, will be used by an individual with a disability protected under the Acts;

(2)

That the requested modification is necessary to make the dwelling available to an individual with a disability protected under the Acts;

(3)

That the requested modification would not impose an undue financial burden on the City;

(4)

That the requested accommodation would not require a fundamental alteration in the nature of the City's overall land use and zoning; and

(5)

That the accommodation will not result in a direct threat to the health and safety of other persons or physical damage to the property of others.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-206. - Conditions of approval.

(a)

In granting a request for reasonable accommodation, the Community Development Director or their designee or other reviewing authority may impose conditions of approval deemed reasonable and necessary to ensure that the modifications will comply with the required findings found in section 26205(b). Conditions of approval for reasonable accommodation request may, where appropriate, provide for any or all of the following:

(1)

Inspection of the affected premises by the City to verify compliance with this division and any conditions of approval;

(2)

Removal of the permitted improvements by the applicant where removal would not constitute an unreasonable financial burden, if the need for which the accommodation was granted no longer exists;

(3)

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists; and

(4)

Prior to the issuance of any permits pertaining to an approved reasonable accommodation, the Community Development Director or their designee may require the applicant to record a covenant in the county recorder's office acknowledging and agreeing to comply with terms and conditions established in the decision. The covenant shall be required only if the Community Development Director or their designee finds that a covenant is necessary to provide notice to future owners that a reasonable accommodation has been approved.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-207. - Compliance with existing regulations.

In order to be eligible for consideration for a reasonable accommodation, the property must be in compliance with the then existing laws and regulations applicable to the property except that which is the subject of the reasonable accommodation request. If the non-compliance is through no fault of the applicant, the director may waive this requirement. However, such a waiver shall not preclude the City from requiring that the existing violations be corrected in accordance with the City Code and all applicable rules and regulations.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-208. - Service of written decision and appeals.

(a)

The written decision described in section 26-205 shall be served on the applicant and shall give notice of the applicant's right to appeal and to request reasonable accommodation in the appeals process as set forth below.

(b)

Any decision on a request for reasonable accommodation may be appealed in the manner described in section 26-193.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-209. - Duration of reasonable accommodation.

A grant of reasonable accommodation approved pursuant to this division may continue to be used and maintained by an individual with a disability for the duration of his or her occupancy. Within sixty (60) days of the termination of such occupancy, the subject modification shall be removed unless the Community Development Director or their designee has determined that the conditions for reasonable accommodation may remain as provided in section 26-203.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 3. - PRECISE PLAN

Sec. 26-210. - When required.

(a)

A precise plan shall be approved or conditionally approved by the Community Development Director or Planning Commission, as set forth herein or in the sections applicable to the application at issue, before the issuance of any building permit for the new construction or expansion of an existing use in any zone as indicated in article II of this chapter. No person shall commence any use for which a conditional use permit is required or any use in any zone not permitted by right in either the R-A or R-1 zone, and no building permit shall be issued for any structure to be used for or in conjunction with any such use, until a precise plan covering the parcel or parcels to be used shall be approved and adopted as herein provided.

(b)

Notwithstanding any provision of the Uniform Building Code, no grading permit shall be issued for the grading or excavation of any land, until a precise plan, or other related actions covering the property proposed to be graded or excavated has been approved and adopted as herein provided. This subsection (b) shall not apply to the grading or excavation required in connection with:

(1)

The movement of less than fifty (50) cubic yards of earth, or

(2)

The grading of any parcel of property outside of the hillside overlay zone so as to improve the land for emergency drainage purposes.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-211. - Contents.

The precise plan required by this division shall specify and include:

(a)

The location, size, height, and type of all structures including signs, architectural lighting, walls and fences.

(b)

The location, size and dimensions of all yards and setbacks and all spaces between structures.

(c)

The plan of the proposed parking area for the development to which the parking is accessory. The plan shall be drawn to an engineering scale of sufficient size to clearly indicate the proposed development including location, size, shape, design, curb cuts, lighting, drainage, paving, parking stalls, landscaping, and other features and appurtenances of the proposed parking lot.

(d)

The location, dimensions, and method of improvement of all property to be dedicated to the public or to public utilities.

(e)

Examples of proposed architectural treatment in the form of perspectives and elevations, lighting, and such other data as may be required by the Planning Commission or Community Development Director or their designee in evaluating the proposed development shall be required and become an integral part of such a submittal.

(f)

The general location, area and type of landscaping in multi-family zones, OPMU, NMU, SMU, or for any use specifically permitted in said zones, or for any use for which a conditional use permit is required.

(g)

General nature of the proposed use.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-212. - Approval or rejection.

(a)

Any precise plan required by this division may be rejected, approved, modified, and approved, or approved subject to conditions. Any such precise plan of design after approval, may be amended, in the same manner as a precise plan of design is first approved hereunder.

(b)

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.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 39, 3-18-25)

Sec. 26-213. - Required findings for a precise plan.

(a)

The proposed development plans and the uses proposed are consistent with the General Plan and any applicable Specific Plan.

(b)

The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provisions of the Municipal Code.

(c)

Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity of the subject property.

(d)

The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation.

(e)

The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere with orderly development in the vicinity.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-214. - Approval subject to condition.

A precise plan of design may be approved subject to the granting of a change of zone, a conditional use permit, a variance or the approval of a final subdivision map, and the Planning Commission or City Council may require such a precise plan to be submitted prior to the granting or recommending of a zone change, variance or conditional use permit.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-215. - Compliance required.

No person shall violate or fail to comply with any approved precise plan of design or any conditions or provisions thereof nor shall a building permit be issued for any structure which would violate or fail to

comply with any approved precise plan of design for the parcel or parcels on which such structure is to be located. In the event any such permit is issued; it shall be null and void and have no further effect.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-216. - Continuation of existing plans.

Any precise plan previously approved and in effect, shall remain in effect regardless of any changes to zoning regulations subsequently adopted unless the precise plans are made null and void or amended at the time of adoption.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-217. - Distinction from other precise plans.

The precise plans of design referred to herein are not to be confused with or considered to be precise plans as referred to in the Government Code of the state.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-218. - Street frontage requirements.

No building or other structure to be used for any business or commercial purpose shall hereafter be erected unless the frontage of the lot, or parcel of land upon which such building or structure is erected, abuts on one (1) side of a public street between two (2) intersecting streets and unless the front of such building or structure shall abut on and face such public street; provided, however, that, when practical difficulties or unnecessary hardships result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission or City Council may, upon the adoption of a precise plan of design for the development of a particular lot or parcel of land and upon such conditions as it may establish, expressly vary or waive the requirements of this section.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-219. - Failure to act on a precise plan.

(a)

Failure to take any action on an approved precise plan within two (2) years of its effective date will cause such precise plan to expire without further action by the City unless granted an extension of time by the Community Development Director if no changes to the zoning code were made, or by action of the Planning Commission. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that construction has ceased or no other action of substantial character has been taken after building permits are issued and/or related construction has commenced, the Community Development Director or their designee may give notice of intent to modify the precise plan, or to revoke the precise plan pursuant to the procedures set forth division 12 of this article.

(b)

Extension of time in one-year increments, up to a maximum of two (2) additional years, may be granted from the original date of expiration of the precise plan by the Community Development Director (unless the Planning Commission or City Council specifically requested to review any extension of time in the original conditions of approval) when extenuating circumstances can be clearly shown by the applicant. The request for same shall be submitted to the planning division in writing prior to the expiration date and shall clearly state the reasons why construction has not commenced or been continued. The Planning Commission may impose new conditions on the precise plan, based on changed circumstances, code amendments or oversights disclosed in review of the plan.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Sec. 26-220. - Amendment to a precise plan.

(a)

For major revisions. The Planning Commission may grant an amendment to the approved precise plan only after all procedures as set forth for the original application are met except that the request for such amendment must be on the electronic application for a precise plan of design.

(b)

For minor revisions. The Community Development Director or their designee may approve minor revisions to an approved precise plan which do not adversely affect the public interest or the interest of owners of neighboring properties, substantially alter the plan, or affect any other condition of approval. The minor revisions may only be approved by a Minor Modification as set forth in division 7 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

DIVISION 4. - CONDITIONAL USE PERMIT