West Covina Municipal Code § 26-226 Existing regulations

The City recognizes that certain types of land use, due to the nature of the use, require special individual review. Such review is required to determine whether the proposed use, or the location of the use, is compatible with surrounding uses or can be made compatible through the imposition of development conditions. The conditional use permit is established to facilitate such review.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) Planning Commission may grant conditional use permits for projects located within all land-use zones.

(b) A conditional use permit may be granted for uses that possess unique characteristics and which are impractical to include in a specific zone as a matter of right.

(c) Notwithstanding any other provisions of this chapter, the Planning Commission, after application therefore and hearing, after notice in the manner provided in division 1 of this article, may authorize the conditional uses included herein if it finds the proposed location of any such uses will not be detrimental to adjacent property or to the public welfare; and that the uses are essential or desirable to the public convenience and welfare.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) The City Council may grant conditional use permits for projects located within the public right-of-way, or City owned properties.

(b) A conditional use permit may be granted for public right-of-way uses that possess unique characteristics and which are impractical to allow as a matter of right.

(c) Notwithstanding any other provisions of this chapter, the Community Development Director of their designee, after application therefor and hearing, after notice in the manner provided in division 1 of this article, may render a recommendation for City Council consideration.

(d) The City Council, after notice in the manner provided in division 1 of this article, may consider the Community Development Director or their designee's recommendation and may authorize the public right-of-way conditional uses upon determining that the findings required by section 19-300 have been met.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) Prior to the granting of a conditional use permit for projects located within all land-use zones it shall be found:

(1) That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or community.

(2) That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity.

(3) That the site for the proposed use is adequate in size and is so shaped as to accommodate said use, as well as all yards, spaces, walls, fences, parking, loading, landscaping, and any other features necessary to adjust said use to the land and uses in the neighborhood and make it compatible therewith.

(4) That the site abuts streets and highways adequate in width and improvements to carry traffic generations typical of the proposed use and that street patterns of such a nature exist as to guarantee that such generations will not be channeled through residential areas on local residential streets.

(5) That the granting of such conditional use permit will not adversely affect the General Plan of the City, or any other adopted plan of the City.

(b) Prior to the granting of a conditional use permit for projects located within the public right-of-way it shall be found that the findings required by section 19-300 have been met.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Any application for a conditional use permit may be rejected, approved, modified and approved, or approved subject to conditions.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

As part of a conditional use permit approval, the Planning Commission may require development standards stricter than the regulations of this Code (e.g., less sign area, less building coverage, lower density, increased parking, increased fence or wall height, etc.) when such restrictions will alleviate potential impacts to surrounding properties or achieve greater aesthetic or functional integration and compatibility with neighboring developments.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) The Planning Commission may grant an amendment to a conditional use permit only after all procedures as set forth for an original application are met except that the request for such amendment may be in letter form in lieu of being placed on the official form of application for a conditional use permit.

(b) The Community Development Director or their designee may approve a minor modification to a conditional use permit which does not adversely affect the public interest or the interest of owners of neighboring properties or substantially alter the plan for such use, and so long as said slight modification would not affect any other condition of approval. The minor modification may only be approved as set forth in division 7 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a) Failure to take any action on a conditional use permit within two (2) years of its effective date (unless extended by action) will cause such conditional use permit to expire without further action by the City. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued, unless other entitlements must be sought prior to commencement of construction and the applicant is proceeding diligently to obtain such entitlements. If the Community Development Director or their designee should find that there has been no construction or other action of substantial character taken or if the applicant is not diligently proceeding, the Community Development Director or their designee may give notice of intent to modify the conditional use permit, or to revoke the conditional use permit pursuant to the procedures set forth in 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 conditional use permit 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. Extensions of time may only be granted if no amendments to the zoning code, zoning map, or General Plan are made that are applicable to the project. If the project was originally approved with a subdivision, the extension of time provisions within article VIII (subdivision regulations) shall apply.

(c) In the event that the use for which a conditional use permit has been granted is discontinued for a period of six (6) months, the conditional use permit shall be reviewed by the Planning Commission at the property owner's written request via the submittal of the prescribed form, application materials, and corresponding fee. The Planning Commission may opt to move forward with the revocation procedures or impose additional conditions of approval.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

Revocation of conditional use permits shall be conducted in accordance with the procedures contained in division 12 of this article.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

No person shall violate or fail to comply with any approved conditional use permit 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 conditional use permit 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)