Covina City Zoning Code
CHAPTER 17
64 SITE PLAN REVIEW 1
§ 17.64.010 Purpose.
The purpose of the site plan review process shall be to:
A.
Implement the general plan's land use goals, policies, and objectives in achieving the highest quality of land planning and design.
B.
Ensure compliance with the adopted development standards, objective design standards, and design guidelines to protect the community's public health, safety, welfare, and general interest.
C.
Ensure new development and redevelopment will not create public service and facility demands exceeding the capacity of existing and planned infrastructure.
D.
Establish standard procedures necessary for the efficient, clear, and consistent processing of the planning and development applications.
(Ord. 23-09 § 4, 2023)
§ 17.64.020 Applicability.
Site plan review and approval shall apply to all zoned districts for any new development or redevelopment and any new construction, remodeling, alteration, relocation, rebuilding, or expansion of any building, dwelling, parking, storage lot, or developing any areas of the city. Development plans shall be submitted for the plan check process to obtain building permits after the approval of a site plan review by the director, the planning commission, or the city council.
A.
Exemptions From Site Plan Review. The following types of applications are exempt from site plan review, but shall be subject to plan check and zoning clearance process:
1.
Construction of accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) 800 square feet or less that otherwise complies with Government Code Section 65852.2(e). The provisions of Chapter 17.69 CMC shall apply.
2.
Reroof.
3.
Installation of small residential rooftop solar energy systems for single-family houses, two dwellings or duplex, within single-family zoning districts.
4.
Installation of electric vehicle charging stations within residential zoning districts, subject to the provisions of Government Code Section 65850.7.
5.
Windows and doors change out for existing single-family residential structures.
6.
New or change out of existing ground-mounted air conditioning (AC) units for single-family residential structures.
7.
Exterior additions to single-family residential structures comprising less than 25 percent of the square footage of the main or primary dwelling or up to 500 square feet, whichever is less.
8.
Other minor exterior or interior improvements that the director deems to be similar in nature and intensity to the above criteria.
B.
Director's Review for Minor Site Plan Review. The following types of applications are eligible as minor site plan review and are subject to director's review. Prior to approval of a minor site plan review application, the director shall make the findings that the project is consistent with the general plan, zoning code, applicable development standards of the applicable zoning district, specific plans and design guidelines.
1.
Construction of an ADU, except where such review is contrary to Government Code Section 65852.2(e). The provisions of Chapter 17.69 CMC shall apply.
2.
Exterior additions to single-family residential structures comprising 50 percent or more of the square footage of the main or primary dwelling, and conversion of garages to other uses, except conversion to an ADU and JADU.
3.
Exterior and interior remodeling of main or primary dwelling.
4.
Construction of up to four new single-family residential structures.
5.
Construction of up to 10 multifamily units.
6.
Minor renovations, alterations, and remodeling of multiple-family residential, commercial, and industrial buildings as follows:
a.
Does not increase the total gross floor area by more than 10 percent or up to 2,000 square feet, whichever is less, for commercial, industrial or any nonresidential use.
b.
Does not increase the parking requirement for a site by more than 15 percent or 10 parking stalls, whichever is less, for commercial, industrial, or any nonresidential use.
c.
Does not increase the total gross floor area of all of the units (not including parking structure) by more than 10 percent; and providing further, that no additional residential units are created for multiple-family residential use.
7.
The modification, resurfacing, and restriping of any existing parking or storage lot, provided there is no increase in the parking area or storage lot area and the design and layout of the lot is not changed.
8.
Installation of electric vehicle charging stations within nonresidential districts.
9.
Facade improvements or remodeling of existing standalone single parcel commercial building or nonresidential structure, or multiple buildings within commercial centers.
10.
Conversion of a legal nonconforming residence to a nonresidential use within commercial or industrial zones that permits such use, unless otherwise specified (e.g., M-1 zone requires a CUP).
11.
Changes to the approved final landscape and irrigation plans for existing multifamily complex, commercial, industrial, and nonresidential projects that affect the character or quantity of the plant material or irrigation system design.
13.
Two-unit development and urban lot splits in single-family residential zone, subject to the provisions of CMC § 17.33.060.
14.
Other development projects that the director determines are similar in nature and intensity to the above criteria, or otherwise required to be reviewed and approved administratively by law.
C.
Planning Commission's Review for Major Site Plan Review. The following types of applications are eligible as major site plan review and are subject to planning commission review:
1.
Construction of five or more single-family houses.
2.
Construction of 11 or more multifamily units.
3.
Any new commercial, industrial, and nonresidential development and construction.
4.
Any exterior and interior remodeling, alteration, relocation, rebuilding, or expansion of commercial centers with multiple buildings, nonresidential buildings, multifamily residential complexes, parking or storage lots, or developing any city areas.
5.
Any proposal exceeding the criteria for a minor site plan review application.
(Ord. 23-09 § 4, 2023)
§ 17.64.030 Preliminary review application.
A.
A preliminary review application provides an optional opportunity to review the project with city staff in a preliminary form and receive a cursory identification of potential project issues before a formal application is submitted. This process will help reduce application review times and streamline project processing once the application is officially filed. Outcomes of a preliminary review process include the following:
1.
Advise a prospective applicant of the current city standards, requirements, and permit processes.
2.
Assess whether a development proposal meets the standards and requirements before making significant investments.
3.
Identify special studies or analyses that will be required and potential project mitigation.
4.
Provide recommendations on project design to help minimize impacts on neighborhoods and the environment.
B.
While not mandatory, preliminary review applications are encouraged for complex projects requiring more evaluation than an initial consultation meeting can accomplish. Types of projects that benefit from preliminary review applications are but not limited to the following:
1.
General plan amendments or rezones.
2.
Specific plans.
3.
Mixed-use projects.
4.
Single-family project with five or more houses or lots.
5.
Multifamily project with 11 or more units.
6.
Commercial, industrial, and nonresidential projects.
8.
Residential projects, mixed-use projects, or transitional and supportive housing that fall within the criteria of Government Code Section 65941.1. After submitting a preliminary review application to the city, an applicant has 180 days to submit a full (formal) application, or the preliminary review application will expire pursuant to Government Code Section 65941.1(d)(1).
(Ord. 23-09 § 4, 2023)
§ 17.64.040 Review and approval authority.
A.
Designated Approving Authority.
Table 17.64.040(A) Review and Approval Authority | ||
|---|---|---|
Type of Projects | Review Authority | Review and Approval Authority |
Projects listed under CMC § 17.64.020(A) that are exempt from site plan review application | City staff and other responsible agencies | Director |
Minor site plan review application listed under CMC § 17.64.020(B) | City staff and other responsible agencies | Director |
Time extension for minor site plan review | City staff and other responsible agencies | Director |
Major site plan review application listed under CMC § 17.64.020(C) | City staff and other responsible agencies | Planning commission; except that for a site plan review application that is accompanied by legislative actions, such as a zone change, the final approval authority is city council |
Time extension for major site review | City staff and other responsible agencies | Planning commission |
Multifamily projects meeting the qualifying criteria of SB 35, according to Government Code Section 65913.4 | City staff and other responsible agencies | Director and other responsible agencies |
B.
Multiple Applications and Entitlements. When a proposed project requires other land use entitlements, applications, and permits in addition to the site plan review application, it shall be processed concurrently, and final action shall be taken by the highest-level designated approving authority (i.e., city council) for all such requested permits and applications. In such case, the planning commission shall be the recommending body.
C.
Referral to the Planning Commission. At any point in the application review process, except as prohibited by law (i.e., ADU or two-unit development and urban lot split), the director may elect to transfer decision-making authority to the planning commission at his or her discretion. Decisions referred to the planning commission shall be considered at a regular public meeting. A referral to another decision-maker is not an appeal and requires no appeal application or fee.
D.
Ministerial Review and Approval for Qualifying Projects According to Government Code Section 65913.4 (SB 35). A by-right or ministerial project does not require discretionary review by the city. The ministerial project may involve administrative approvals to verify compliance with zoning regulations, development standards, and objective design standards from city staff. Sign-off for these approvals is nondiscretionary and can be conducted by the planning division before the applicant submits the plans for building plan checks and requests building permit(s).
(Ord. 23-09 § 4, 2023)
§ 17.64.050 Application and fees.
A.
Site plan review applications shall be filed with the planning division in the format or checklist as prescribed or issued by the director. Each application checklist lists the minimum necessary submittal materials for that particular type of application.
B.
Every application shall include the signatures of the applicant and property owner, agent authorization as appropriate, and any fee prescribed by the city council resolution to cover the cost of investigation and processing.
C.
The applicant must prepare and submit plans, materials, studies, and reports according to the city-issued checklists. All plans, including elevations, site plans, design plans, grading plans, utility plans, etc., colors and materials, studies, and reports must be stamped and signed by licensed professionals. The applicant is responsible for submitting written materials demonstrating that the project is in conformance with the development standards of the underlying zones, the design guidelines, the 2019 Objective Design Standards or any subsequently adopted objective design standards, as applicable, and city's municipal code.
D.
A site plan review application shall be submitted together with all plans, maps, and data about the proposed project development or land use entitlements requested, project site, and vicinity deemed necessary by the director to provide the approving authority with adequate information on which to base decisions.
(Ord. 23-09 § 4, 2023)
§ 17.64.060 Review process and procedures.
A.
Determination of Completeness. For development projects subject to the Permit Streamlining Act, the director shall determine whether or not the application is complete within 30 days of application submittal. The director shall notify the applicant of the determination that either:
1.
All the submittal requirements have been satisfied, and the application has been accepted as complete; or
2.
Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans do not comply with city standards and requirements.
B.
Resubmittal. Upon receipt and resubmittal of any incomplete application, a new 30-day period shall begin, during which the director shall determine the completeness of the application.
C.
Incomplete Application. The applicant shall have 60 calendar days from the date of the completeness determination letter to complete the application. The applicant may submit a written request for a greater period to complete the application as determined by the director. If the application is not completed within 60 days or some greater period as approved by the director, then the application is deemed withdrawn, and no action is taken. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits, and other materials, must then be filed in compliance with this title.
D.
Right to Appeal. The applicant may appeal the completeness determination in accordance to CMC § 17.64.080.
E.
Application Review and Report for Projects Requiring Planning Commission or City Council Approval. After acceptance of a complete application, the director shall perform environmental review procedures in accordance with the California Environmental Quality Act (CEQA). The director will consult with other departments, committees, and outside agencies as appropriate to ensure compliance with all provisions of this code and other adopted codes, policies, and plans. The director will prepare a report to the designated approving authority describing the project and their recommendation to approve, conditionally approve, or deny the application. The applicant shall receive the report prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time before the public meeting to address issues or information not reasonably known when the report is prepared.
(Ord. 24-08 § 4, 2024; Ord. 23-09 § 4, 2023)
§ 17.64.070 Findings, conditions, and approval.
A.
Findings. The planning commission shall approve, or approve with conditions, an application for a major site plan review, excluding minor site plan review and ministerial approval projects such as residential projects subject to Government Code Section 65913.4, after making all the findings listed below:
1.
All provisions of this title are complied with; and
2.
The design and layout of the proposed development are consistent with the general plan, zoning code, development standards of the applicable zoning district, specific plans, design guidelines and objective design standards; and
3.
The design of the proposed development or the alterations to existing structures will not interfere with the use and enjoyment of existing neighborhood and future development, and will not create traffic or pedestrian hazards; and
4.
The proposed development has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); and
5.
The proposed development will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity; and
B.
Conditions. The director or the planning commission may impose such conditions as are needed to:
1.
Protect public health, safety, and general welfare;
2.
Achieve the general purpose of this chapter or the specific purpose of the zoning district in which the project is located, or to make it consistent with the general plan;
3.
Minimize all undesirable or unsightly appearances; and
4.
Provide an orderly and visually aesthetic development within the intent of this title.
C.
Approval.
1.
Following the environmental determination, the director shall approve, conditionally approve or deny a minor site plan over which the director has approval authority.
2.
Where the planning commission has approval authority, the director shall present the site plan, along with any environmental studies and a report and recommendation, to the planning commission. The planning commission shall approve or conditionally approve or deny an application.
3.
The approval, conditional approval, or denial of the site plan review by the director or the planning commission as applicable shall be effective 10 days after the order of approval, conditional approval, or denial unless an appeal is filed pursuant to CMC § 17.64.080 within such period.
4.
Effective Date. Generally, the action to approve, conditionally approve, or deny a permit, application, or entitlement authorized by this title shall be effective on the eleventh day after the date of action, immediately following the expiration of the 10-day appeal period. Major site plan applications that accompany requested legislative actions (e.g., zoning amendment, general plan amendment, specific plans, and development agreements) are approved by the city council, following a recommendation from the planning commission, and become effective 30 days from the date of final action if adopted by ordinance, 11 days from the date of final action if adopted by resolution unless otherwise specified, and may not be appealed. Permit(s) shall not be issued until the effective date of the required permit.
(Ord. 23-09 § 4, 2023)
§ 17.64.080 Appeal.
Appeal process and procedures as follows:
A.
The director's decision shall be final unless appealed to the planning commission. Such appeal shall be filed with the city clerk within 10 calendar days after the decision. The planning commission shall review the project application and may affirm, reverse, or modify the director's decision.
B.
The planning commission's decision shall be final unless appealed to the city council. Such appeal shall be filed with the city clerk within 10 calendar days after the decision. The city council may affirm, reverse, or modify the planning commission's decision. The decision of the city council on such an appeal shall be final.
C.
All appeals shall be made in writing, shall be filed during regular business hours at the designated location with the city clerk, and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the action taken by the planning commission should be modified or reversed. All appeals are subject to public hearings during which the application being appealed will be reviewed anew (de novo).
D.
All appeals shall be accompanied by a deposit or fee required by city council resolution.
(Ord. 23-09 § 4, 2023)
§ 17.64.090 Time limits, extensions, and expiration.
A.
Unless a condition of approval or other provision of this title establishes a different time limit, a site plan review application not exercised within two years of approval shall expire and become void, except where an extension of time is approved according to this section.
B.
If the approved site plan review application is approved concurrent with a tentative map, the time limit for construction of the approved site plan shall expire upon the expiration of the approved tentative map, including any extensions granted under CMC § 16.08.160.
C.
After paying an appropriate fee as set by city council resolution, the applicant may apply for a one-year extension for minor site plan review. An applicant may not apply for more than a total of three consecutive one-year extensions for major site plan review. The decision-making body shall approve, approve with conditions or disapprove the extension based on the findings listed in CMC § 17.64.070(A); provided, that there are no changed circumstances that would preclude the decision-making body from making the findings upon which the original approval was based or, if changed circumstances exist, the applicant has demonstrated that it has diligently pursued the construction of the approved site plan prior to the application for the extension of time.
(Ord. 23-09 § 4, 2023)
§ 17.64.100 Modifications.
Modifications to an approved site plan review shall be filed with the planning division with the required fee set by city council resolution and shall be subject to the following provisions:
A.
Any person holding a permit or approved site plan review granted under this title may request a modification to that permit or site plan review approval. Modification may include modifying the terms of the permit or approved site plan, project, or site design or the waiver or alteration of conditions imposed in granting the permit or site plan review approval.
B.
If the director determines that a proposed project action does not substantially conform to the original approval, the director shall notify the property owner of the requirement to submit a modification application to the planning division.
C.
The director may review and approve the modification application provided the proposed modifications will not cause any of the following to occur:
1.
A change in the character, scope, size, and intensity of the development and use; and
2.
A significant increase in impacts on infrastructure or traffic on roadways adjacent to or external to the proposed development and use; and
3.
A change in the external impacts on the adjacent property; and
4.
A reduction in the originally approved setbacks from property lines or increased building or structure height.
D.
If the director determines that the provisions of subsection (C) of this section do not apply to the proposed modification, the same approving authority as the original permit shall review the permit modification application.
E.
A modification may be granted only when the approving authority makes all findings required for the original approval.
(Ord. 23-09 § 4, 2023)
§ 17.64.110 Revocation.
A.
Upon violation of any applicable provisions of this chapter, failure to comply with the conditions of approval, or failure to maintain a property in accordance with conditions of approval, the approved site plan may be suspended, and the director may suspend applicable building permits or order appropriate actions necessary to restore compliance with the terms of the site plan review. Notice of the suspension shall be sent immediately to the building official, the person or persons responsible for noncompliance, and the decision-making body. The basis for such suspension shall include but not be limited to the following:
B.
If the applicant, property owner, or project sponsor does not correct the discrepancies that were the basis of the suspension or order in a manner acceptable to the director within 30 calendar days, the decision-making body shall be notified. Upon notification, the decision-making body shall hold a public hearing within 30 days as prescribed by CMC § 17.62.100.
C.
If the decision-making body is not satisfied that the regulations, general provisions, and conditions of approval are being complied with, the decision-making body may revoke the permits and/or take such action as may be necessary to ensure compliance with such regulations, general provisions, and conditions of approval. The city clerk shall notify the applicant in writing of the decision-making body's decision.
(Ord. 23-09 § 4, 2023)
§ 17.64.120 Reapplications.
An application shall not be accepted or acted upon if, within the past 12 months, the city has denied an application for substantially the same project on substantially the same real property unless the director finds one or more of the following circumstances to exist:
A.
New Evidence. New evidence would support approving the project that was not presented at the previous meeting at which the application was denied and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
B.
Substantial and Permanent Change of Circumstances. Since the previous meeting at which the application was denied, a substantial and material change of circumstances has affected the applicant's real property.
C.
Prejudicial Mistake at a Previous Meeting. A mistake was made at the previous meeting at which the application was denied that was a material factor in denying the previous application.
(Ord. 24-08 § 5, 2024; Ord. 23-09 § 4, 2023)
§ 17.64.130 Maintenance of improvements and requirements.
All facilities, improvements, and landscaping developed according to this chapter shall be maintained consistent with the layout of the approved site plan. All conditions and requirements imposed according to the site plan review process shall be complied with for the life of the facilities and improvements. All facilities and improvements shall be maintained in a fully functional state of good repair. All landscape improvements shall be maintained in healthy conditions. Changes to the approved final landscape and irrigation plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted to the original approving authority for approval before installation.
(Ord. 23-09 § 4, 2023)
§ 17.64.140 Dedications, public improvements and underground utility services in accordance with CMC Title 11, Streets and Sidewalks.
A.
Street Improvements. Where street improvements do not exist adjacent to a parcel being developed and subject to the requirements of this chapter, or where existing street improvements adjacent to the subject parcel are not standard as to location, design, or condition, new street improvements shall be constructed at ultimate alignment and grade, and in accordance with current city standards and specifications.
B.
Street improvements include curb, gutter, cross-gutter, sidewalk, drive approaches, street and alley pavement and base materials, street trees, street signs, street lights, drainage facilities, fire hydrants, utility relocations, and appurtenant facilities.
C.
Prior to obtaining any building permits necessary for the parcel development, all required street improvements shall be constructed in accordance with city conditions, and city standards, plans and specifications. The developer may, in lieu of constructing the street improvements prior to issuance of any building permits, satisfy the requirements of this section by either of the following, as determined at the discretion of the city engineer:
1.
The developer shall post a cash or faithful performance bond in an amount determined by the city engineer guaranteeing the construction of the required improvements. All required improvements shall be completed prior to occupancy of the developed parcel.
2.
The developer shall enter into a written contract with the city, approved as to form by the city engineer and city attorney, agreeing to pay the costs of the required street improvements when said improvements are ultimately constructed. The contract shall be recorded, run with the land, and be binding upon the developer and all subsequent successors in interest to the subject parcel.
D.
Public improvement drawings must be prepared by a state-licensed civil engineer and must be submitted for city approval.
E.
Parcel developments subject to the requirements of this chapter are also subject to the requirements of CMC Title 11, Streets and Sidewalks.
F.
Underground Utility Services. Any new utility service lines which are installed to serve either new or existing buildings or other structures which are part of the overall development subject to the requirements of this chapter shall be placed underground. Utility service lines include service for electricity, telephone communications, and cable television. Appurtenant equipment such as transformers, metal cabinets, and terminal boxes may be installed aboveground when approved by the appropriate approval authority.
(Ord. 23-09 § 4, 2023)
§ 17.64.150 Congestion management and transportation demand management (TDM) requirements.
A.
Review of Development Impact on Transit Service.
1.
For any development project for which an environmental impact report is to be prepared, or because of a local determination, the city shall identify regional and municipal fixed-route transit operators providing service to the project and give them an opportunity to recommend transit-related mitigation measures.
2.
The city shall send each transit operator a notice of preparation (or, in the case of a local determination, a project description) and a copy of the transit impact review work sheet contained in the most current version of the Los Angeles County congestion management program manual (or a similar form based on that work sheet). As part of the notice of preparation process, each transit operator may complete and return to the city the transit impact review work sheet, which will contain the operator's comments on the project's potential effect on transit service, recommendations for transit service or capital improvements, and recommendations for transit-related mitigation measures that minimize project-generated vehicle trips on the congestion management program network.
3.
Impacts and mitigation measures identified by the transit operator shall be evaluated in the draft environmental impact report or other environmental review prepared for the project. The mitigation measures adopted shall be monitored through the mitigation monitoring requirements of the California Environmental Quality Act.
B.
Traffic Impact Analyses.
1.
The applicant shall complete and provide to the city a congestion management program network traffic impact analysis for any development project that requires an environmental impact report, except as exempted by the Los Angeles County congestion management program and subsection (G) of this section. The city may require a local intra-jurisdictional traffic impact analysis for any development project. The congestion management program network traffic impact analysis shall assess the impact on the congestion management program network of traffic generated by the project. It must use the methodology specified in the most current Los Angeles County congestion management program manual, and must describe costs and measures to mitigate project-generated traffic at points on the congestion management program network where that traffic will have a significant impact. All traffic impact analyses must be approved by the city.
2.
The city reserves the right to determine the definition of "significant impact" on intersections and roadway segments that are not part of the congestion management program network. The city further reserves the right to establish a more stringent definition of "significant impact" on the congestion management program network than is provided in the guidelines of the most current Los Angeles County congestion management program manual.
C.
Transportation Demand Management Requirements for Nonresidential Development With a Floor Area of 25,000 Square Feet or More. The items listed in this section shall be provided to the satisfaction of the city. One or more bulletin boards, or a display case or kiosk displaying transportation information. Information displayed shall include the following:
1.
Current maps, routes and schedules of public transit lines serving the site;
2.
Telephone numbers for transportation information, including numbers for the regional ride sharing agency and local transit operators.
3.
Ridesharing informational material supplied by commuter-oriented organizations;
4.
Bicycle route and facility information, including regional and local bicycle maps and bicycle safety information;
5.
A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders, and pedestrians at the site.
D.
Transportation Demand Management Requirements for Nonresidential Developments With a Floor Area of 50,000 Square Feet or More. The items listed in subsection (C) of this section, together with those listed here in this section, shall be provided to the satisfaction of the city.
1.
Ten percent or more of the employee parking spaces shall be located as close as practical to employee work-site entrances and reserved for use by carpool and vanpool vehicles, without displacing handicapped and customer parking needs. This preferential parking shall be identified on the site plan used in the initial application for development approval. At all times at least one space for projects with a floor area of 50,000 to 100,000 square feet, and two spaces for projects with a floor area of more than 100,000 square feet, will be signed or striped for carpool and vanpool vehicle use. Additional spaces will be signed or striped as demand warrants. The procedure that an employee must follow to reserve a preferential parking space must be described on the required transportation information board.
2.
Vanpool vans must be able to reach and park in the spaces reserved for them. Parking spaces and turning radii must be large enough to accommodate the vans. If the reserved parking is in a structure, passages and spaces to be used by the vans must have vertical clearances of at least 86 inches.
3.
Bicycle racks or other bicycle parking shall be provided to accommodate four bicycles for the first 50,000 square feet of nonresidential development, and one bicycle for each additional 50,000 square feet of nonresidential development or portion thereof.
E.
Transportation Demand Management Requirements for Nonresidential Developments With a Floor Area of 100,000 Square Feet or More. The items listed in subsections (C) and (D) of this section, together with those listed here in this section, shall be provided to the satisfaction of the city.
1.
A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers.
2.
Sidewalks or other designated pathways following direct and safe routes from the public sidewalk to each building in the development.
3.
If determined necessary by the city to mitigate project impact, bus stop improvements shall be provided. The city will give local bus service providers an opportunity to recommend improvements. Entrances to project buildings must be located where they will offer the safest and most efficient access to nearby rail stations and bus and shuttle stops.
4.
Safe and convenient access from the city street system to bicycle parking facilities on site.
F.
Monitoring. All improvements required pursuant to this chapter shall be completed and all requirements complied with prior to the issuance of occupancy permits for the related facilities unless otherwise stated in the terms of approval for the project or otherwise modified by the city. When deemed reasonable and necessary by the approval authority, a program shall be developed to monitor compliance with requirements and conditions imposed pursuant to this code; but a monitoring program will be created for all development projects subject to the requirements of the Los Angeles County congestion management program (this section). Responsibility for the cost of monitoring shall be borne by the property owner, the person who has management and control of the premises, and/or the person in possession of the premises. The monitoring process may be combined with the mitigation monitoring requirements of the California Environmental Quality Act.
G.
Exemptions From Transportation Congestion Management and Transportation Demand Management Requirements. A development project may be exempt from transportation congestion management and transportation demand management requirements if it meets the following criteria:
1.
Exemption From Development Impact for Transit Service Requirement.
a.
Development impact for transit service requirements set forth in subsection (A) of this section shall not apply to projects for which a development application has been deemed complete by the city pursuant to California Government Code Section 65943, or for which a notice of preparation for a draft environmental impact report has been circulated pursuant to the provisions of the California Environmental Quality Act, or for which an application for a building permit has been received, before the date on which the ordinance codified in this chapter was adopted.
b.
Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals need not repeat the transit consultation and evaluation, or any other requirements of the development impact for transit service as long as no significant changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified environmental impact report.
2.
Exemption From Traffic Impact Analysis Requirement. As specified in the Los Angeles County congestion management program manual, certain development projects are exempted from conducting a congestion management program traffic impact analysis required by subsection (B) of this section, as follows:
a.
Projects that entered into a development agreement with a local jurisdiction before July 10, 1989.
b.
Traffic generated by low and very low income housing.
c.
High density residential development located within one-fourth mile of a fixed rail passenger station.
d.
Mixed-use development located within one-fourth mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed-use development is used for high density residential housing, as determined by the agency.
e.
Phased development projects or development projects requiring subsequent approvals, which need not repeat the traffic impact analysis as long as no significant changes are made to the project.
3.
Exemption From Transportation Demand Management Measures Requirement.
a.
Transportation demand management measures listed under subsections (C), (D) and (E) of this section shall not apply to projects for which a development application has been deemed complete by the city pursuant to California Government Code Section 65943, or for which a notice of preparation for a draft environmental impact report has been circulated pursuant to the provisions of the California Environmental Quality Act, or for which an application for a building permit has been received, before the date on which the ordinance codified in this chapter was adopted.
b.
Development projects whose floor area is less than 25,000 square feet are exempt from subsections (C), (D) and (E) of this section. If a development project adds floor area to an existing structure, the floor area of the existing structure is not subject to these sections, and the newly added floor area is subject to these sections only if it is 25,000 square feet or more.
c.
The transportation demand management strategies required by subsections (C) through (E) of this section may be modified because of existing circumstances relating to the project. Requests for modifications shall be made by the developer in a form defined by the planning division. In determining whether a modification is acceptable, the following factors will be considered:
i.
Problematic location or configuration of the project that would preclude use of required transportation demand management strategies;
ii.
Lack of specific services or facilities that would permit use of required transportation demand management strategies; or
iii.
Other specific factors that would make required transportation demand management strategies infeasible or ineffective.
4.
A request for modification must be accompanied by a proposed transportation demand management strategy that is commensurate with the nature and trip generation characteristics of the facility. A modification will be considered by the approval authority and approved only if the proposed transportation demand management strategy is superior to the requirements of this section, as determined by the city.
(Ord. 23-09 § 4, 2023)
§ 17.64.160 Enforcement.
Any violation of this chapter shall be punishable as a misdemeanor. Violators shall be subject to punishment under Chapter 1.16, 1.20, 1.26 or 1.28 CMC. In addition, the city may pursue civil remedies for any violation of this chapter, including but not limited to the recovery of reasonable costs for enforcement and correction of the violation.
(Ord. 23-09 § 4, 2023)