West Covina Municipal Code § 26-51 Land use regulations and allowable uses

(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)

(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

(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.

3. 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:

1. 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.

5. 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)

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

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)

(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)

(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)