The purpose of this article is to set forth the procedure, criteria, and standards applicable to unique or unusual land uses which require special regulation. These regulations are established to insure the compatibility of such uses with the surrounding land uses.

(Code 1960, § 11100; Ord. No. 1333, § 1, 4-25-77)

(a)

Purpose. The purpose of this section is to serve the need for storage of goods and vehicles while guaranteeing protection to surrounding properties and their values through consideration of physical treatment, aesthetics and compatibility with the surrounding properties.

(b)

Regulations. The regulations contained in this section, in addition to any conditions imposed by a conditional use permit, shall govern the land, buildings, yard restrictions, signs, landscaping and other improvements required for storage lots or mini-warehouses.

(c)

Development Standards.

(1)

Storage lots or mini-warehouses may be established only in the following zones:

a.

Service Commercial (S-C);

b.

Planned Industrial (I-P);

c.

Industrial (M-1).

(2)

A conditional use permit shall be obtained prior to establishing a storage lot or mini-warehouse (as specified in article VI, division 3 of this chapter). The application for such permit shall include a precise plan (as specified in article VI, division 2).

(3)

The development standards of the zone in which this use is to be located shall apply (as specified in article X, division 3 of this chapter) unless this section specifically permits or prohibits otherwise.

(4)

Specific development requirements which may be modified at the time of public hearing:

a.

An eight-foot sound attenuation wall shall be provided on the side and rear property lines.

b.

The required front setback or the percentage of landscaping required by the zone, whichever is greater, shall be landscaped and located in front of an eight-foot-high concrete block wall.

c.

Parking or storage in the front setback areas is prohibited.

d.

No storage shall be allowed in the side or rear setback areas other than storage bins separated by one-hour fire walls and limited to a maximum of eight (8) feet in height. If bins are not constructed in these required setbacks, an eight-foot-high chainlink fence shall be required on the setback lines to prohibit storage in the setback area.

e.

The interior of lot shall be screened from direct view of any adjacent street.

f.

A resident caretaker housed in a permanent residence on site may be considered.

g.

No repair or other activity shall be permitted on the site.

h.

Hours of operation shall be between 8:00 a.m. and 9:00 p.m.

i.

Maximum height limit of eighteen (18) feet adjacent to residentially zoned or used property.

j.

Entire building and all storage units shall be sprinklered.

k.

Solid partitions (one-hour fire wall) shall be provided between storage units in a building or structure.

l.

Only the following items may be stored outside of an enclosed building:

Trailers, travel and hauling;

Boats;

Campers;

Recreational vehicles;

Commercial vehicles;

Cement mixers or heavy construction equipment.

m.

Signage shall be limited to one hundred (100) square feet on front and fifty (50) square feet on side abutting a street or parking area.

(Ord. No. 1458, § 3, 12-10-79)

Editor's note— Section 26-623 was formerly codified as § 26-601.5. At the request of the city, the provisions have been transferred to art. XII, the editor designating the provisions as div. 1.5, § 26-626.

The regulations contained in this division, in addition to any conditions imposed by a conditional use permit, shall govern the land, buildings, yard restrictions, signs, landscaping, and other improvements required for mobile home parks developed within any such district.

(Code 1960, § 11101; Ord. No. 1333, § 1, 4-25-77)

The following general criteria are hereby set forth to guide the planning commission in establishing a mobile home park district. The planning commission may, based upon compliance with said criteria, approve or deny a request for a mobile home park district.

(a)

A mobile home park shall be located on a four (4) lane or wider street.

(b)

A mobile home park shall consist of not less than five (5) acres of usable area (ten (10) percent grade or less).

(c)

The existing utility systems (water, sewer, drainage, electrical, gas and communications facilities) should be adequate or the construction of new systems possible to serve a mobile home park within the mobile home park district.

(Code 1960, § 11101.01; Ord. No. 1333, § 1, 4-25-77)

The following development standards shall apply to a mobile home park.

(a)

Conditional use permit. A conditional use permit is required prior to construction of a mobile home park as specified in article VI, division 3 of this chapter.

(b)

State standards. The mobile home park standards of the state, as the same now exist or as they may be amended, shall apply.

(c)

Underground utilities. All utilities shall be underground in accordance with the Municipal Code and approved by the city engineer.

(d)

Off-street parking. Two (2) off-street parking spaces shall be provided on each mobile home lot. In addition, one-fourth of a parking space for each mobile home lot shall be generally dispersed throughout the mobile home park such as in guest parking bays, around significant recreational facilities, and office buildings. No curb vehicle parking shall be permitted on the private circulation system within the mobile home park.

(e)

Landscaping.

(1)

The required setback areas shall be landscaped. In addition, there shall be planters, trees, shrubs and other plant material generally dispersed through the mobile home park. Such landscaping shall be permanently watered and maintained. All such planted areas shall be surrounded by a curb of concrete or comparable material not less than six (6) inches high.

(2)

No planting area shall be less than twenty-four (24) square feet in overall area or less than three (3) feet in width (inside dimension) with the exception of raised planter boxes around or in close proximity to buildings.

(3)

There shall be at least one fifteen (15) gallon size tree provided per mobile home lot.

(4)

Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, durability, and adaptability to existing soil and climatic conditions.

(5)

Each unused space resulting from the design or layout of parking spaces or accessory structures which is over twenty-four (24) square feet shall be landscaped.

(6)

The landscaping plan shall be drawn to a minimum scale of one (1) inch for each fifty (50) feet; shall indicate the square footage of each planting area; shall tabulate the square footage of all landscaped area and percentage of the total site devoted to landscaping; shall identify at the planting area the type of plant; shall list the botanical and common names of all plants with the number of each and their container size; and shall clearly portray the permanent irrigation system.

(f)

Walls. A five (5) foot high (minimum) concrete, masonry or decorative block wall shall be provided and maintained on the boundary of the mobile home park. Walls along dedicated street frontages must be set back a minimum distance of fifteen (15) feet from the property line and this setback area shall be landscaped. Type, texture and color shall be approved by the planning commission.

(g)

Yards.

(1)

There shall be a fifteen (15) foot setback along all dedicated street frontages which area shall be landscaped as indicated in subparagraph (e) above.

(2)

No mobile home or structure shall be located within five (5) feet of the side or rear line of a mobile home park boundary.

(h)

Refuse storage. All outdoor trash, garbage, 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 durable wood or comparable material. Such area shall be so located as to be easily accessible for trash pick up. Type, texture and color shall be approved by the planning commission.

(i)

Lighting. All lighting of the mobile home buildings, landscaping, parking lot, or similar facilities shall be so located and directed as to reflect away from adjoining properties.

(j)

Mechanical equipment. All ground mechanical equipment shall be completely screened behind a permanent structure, and all roof top mechanical equipment on permanent structures shall be placed behind a permanent parapet wall and be completely restricted from all view.

(Code 1960, § 11101.02; Ord. No. 1333, § 1, 4-25-77)

(a)

No trailer coach may be used for any commercial purposes within a mobile home park.

(b)

No dwelling units other than mobile homes shall be permitted within a mobile home park except for caretakers or other persons responsible for maintaining or operating the property.

(Code 1960, § 11101.03; Ord. No. 1333, § 1, 4-25-77)

As used in this division, a "model home marketing complex" means a sales complex consisting of not more than ten (10) models, a sales office, a children's play area, landscaping and off-street parking designed and used only for the marketing of dwellings or lots within a subdivision or within a planned residential development overlay zone or in a planned community development zone.

(Code 1960, § 11103.01; Ord. No. 1333, § 1, 4-25-77)

Notwithstanding any other provisions of this chapter, after a tentative subdivision map has been approved, a model home marketing complex may be constructed within the area covered by the tentative subdivision map if all of the conditions of this division are complied with.

(Code 1960, § 11103.02; Ord. No. 1333, § 1, 4-25-77)

The owner or developer of land within a subdivision who desires to construct a model home marketing complex therein shall file the following with the planning director:

(a)

The model home marketing complex site plan (which must be a typical representation of the proposed development), including plot plans showing the proposed location and elevation of all models and of all other structures proposed to be built, the location of roads, walks, parking areas and other improvements within the complex and landscaping plans.

(b)

An "Agreement and Consent to Judgment" signed and acknowledged by both the owner and the developer guaranteeing that all land and improvements constructed as part of the model home complex shall conform to the final subdivision map, zoning and improvement plans, or guaranteeing that if the final subdivision map is not recorded within eighteen (18) months from the date of the agreement or any authorized extension thereof, all of the improvements shall be removed at the sole cost of the owner thereof and the land restored to its former condition. The form of the agreement shall be approved by the city attorney before it is filed.

(c)

The legal description of the area including each individual lot within the subdivision upon which the model home marketing complex is to be constructed.

(Code 1960, § 11103.03; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2030, § 4, 4-20-99)

(a)

The planning director shall review the plot plans of a proposed model home marketing complex and may either approve, amend or disapprove the plot plans.

(b)

Any applicant dissatisfied with the action of the planning director may appeal in the manner and within the time specified in section 26-212.

(Code 1960, § 11103.04; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)

After the plot plans have been approved by the planning director, the owner or developer may apply to the building official for the necessary permits required for the construction of the model home marketing complex in accordance with the approved plot plans. All plans, specifications and certificates required for compliance with the building code, together with the payment of the prescribed fees, shall be required.

(Code 1960, § 11103.05; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)

Plans and specifications shall be submitted to the city engineer for the construction of necessary streets, curb, gutters and paving to serve the model home complex and necessary utilities, sewers and storm drains shall be constructed. Plans and specifications shall be approved by the city engineer prior to issuance of building permits. Final street construction may be deferred until such time as the model home complex is no longer in use provided a bond, in an amount approved by the city engineer, guaranteeing final street construction, is posted.

(Code 1960, § 11103.06; Ord. No. 1333, § 1, 4-25-77)

The owner or developer shall also construct on the model home complex site suitable and adequate toilets and washing facilities for public use. The plans and specifications for such facilities and their location shall be approved by the building official prior to construction. The facilities shall be permanently maintained in a clean and sanitary manner to the satisfaction of the health department.

(Code 1960, § 11103.07; Ord. No. 1333, § 1, 4-25-77)

A model home marketing complex may be constructed in a planned residential development overlay zone or in a planned community development zone for which no tentative subdivision map is required if the owner or developer complies with all of the conditions of this division with the following exceptions:

(a)

Reference to the approved tentative subdivision map shall mean the approved development plan for the planned residential development or the planned community development, whichever is applicable.

(b)

Reference to the removal of improvements if a final subdivision map is not recorded shall refer to a notice to remove improvements issued by the planning director of the city for noncompliance with master plan requirements or with development plan requirements. Removal of improvements may be required within eighteen (18) months of the date of the approval of the development plan unless an extension of time is approved by the planning commission.

(Code 1960, § 11103.08; Ord. No. 1333, § 1, 4-25-77)

No residential occupancy shall be permitted in any dwelling unit constructed as a part of a model home marketing complex until the planning director and city engineer have certified that all of the requirements of this chapter which are applicable to the unit have been met and the building official has finally certified that all building code requirements have been met.

(Code 1960, § 11103.09; Ord. No. 1333, § 1, 4-25-77)

A fee as established by a resolution of the city council is required for the application and review of the plot plans for a model home complex. Building permit and engineering fees required by other provisions of this Code shall be paid.

(Code 1960, § 11103.10; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1881, § 1, 6-10-91)

One of the primary functions of a service station is to supply motor fuel to motor vehicles. In addition, specified accessory services and sales may be provided in conjunction with service stations, either as an extension of the service station use or as a separate multi-tenant use. Only service stations shall sell gasoline from a pump to the general public.

(Code 1960, § 11104.01; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2028, § 3, 2-16-99)

(a)

Zoning. Service stations may be established and operated only in the zones specified in section 26-597.

(b)

A conditional use permit shall be obtained prior to establishing a service station (as specified in section 26-246). The application for such permit shall include a precise plan (as specified in section 26-226).

(c)

The development standards of the zone in which the service station is to be located shall apply (as specified in section 26-566) unless this section specifically permits or prohibits otherwise.

(d)

Materials, goods or commodities offered for sale, rent or storage upon the premises of service stations shall be located on the gasoline pump island or islands or within a structure enclosed on at least two (2) sides which shall be visible only from adjacent abutting streets and located a minimum of fifteen (15) feet from any street-side property line.

(e)

Minimum site size is fifteen thousand (15,000) square feet.

(Code 1960, § 11104.02; Ord. No. 1333, § 1, 4-25-77)

In addition to the sale of motor fuel, a service station may offer and consist of the following sales, services and facilities:

(a)

Motor oil;

(b)

Lubrication including grease rack or elevator;

(c)

Minor tire service;

(d)

Minor battery service;

(e)

Minor motor tune-up;

(f)

Head lamp adjusting;

(g)

Brake adjusting and repair;

(h)

Sale of automotive accessories;

(i)

Car washes, hand and/or automatic;

(j)

Rental of trailers, trucks and other such devices, limited to twenty-five (25) percent of the site area, shall not interfere with the required parking or access and shall be located a minimum of fifteen (15) feet from any street side property line;

(k)

Sale of nonalcoholic drinks, packaged food, tobacco and similar convenience goods for gasoline supply customers, but only as an accessory and incidental use, enclosed within the main building;

(l)

Vending machines subject to conditions of paragraph (k);

(m)

Fast-food restaurants and other similar food service establishments that offer quick food service from a limited menu of items generally served in ready-to-consume individual portions often in disposable wrappings or containers for consumption either within the restaurant or for carry-out. Such uses may also provide drive-through service.

(Code 1960, § 11104.03; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2028, § 3, 2-16-99)

Car washes established in conjunction with service stations shall be subject to [the] following minimum standards and conditions, which may be made more restrictive as necessary through the conditional use permit process.

(a)

Noise levels shall not exceed 70db(A) at the property line. If the property line is adjacent to residential property, the noise level shall not exceed 65db(A).

(b)

The wash and dry mechanism shall be contained entirely within a building.

(c)

A water recovery system shall be installed, and in operation at all times.

(d)

All wash fluids used shall be biodegradable and environmentally safe.

(e)

The car wash shall in no way interfere with the primary function of motor fuel distribution, automobile access, or traffic circulation.

(f)

Accessory items normally associated with a car wash, such as vacuums, may be permitted provided they meet the above specified criteria.

(g)

Hours of operation may be limited through the conditional use permit process.

(Ord. No. 1777, § 3, 4-11-88; Ord. No. 2028, § 3, 2-16-99)

(a)

A service station shall not be established or maintained without facilities to pump gasoline.

(b)

Garage, mechanical repair service not specifically mentioned in Section 26-663, including but not limited to the following items are prohibited:

(1)

Battery repair.

(2)

Tire rebuilding or recapping.

(3)

Painting.

(4)

Body work.

(5)

Steam cleaning or radiator repair.

(6)

Transmission rebuilding.

(7)

Motor repairs involving the removal of the head or crank case.

(c)

Sale of alcoholic beverages.

(d)

Subleasing of floor space or site area except for any use specifically authorized by section 26-663, subparagraphs (a) through (i), (k) and (m).

(Code 1960, § 11104.04; Ord. No. 1333, § 1, 4-25-77; Ord. No. 2028, § 3, 2-16-99)

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

(Code 1960, § 11105.01; Ord. No. 1333, § 1, 4-25-77)

The following general conditions and regulations apply to home occupations:

(a)

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

(b)

No mechanical, electrical equipment, or stock material shall be used other than that customarily found in the home associated with a hobby or avocation not conducted for gain or profit except machinery, equipment or stock material which is essential in the conduct of the home occupation, providing that such machinery, equipment or stock material does not generate, emit or create noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than normally experienced in an average residential neighborhood.

(c)

No sale of products or service on the premises except by mail or telephone (except as stated in 26-673).

(d)

No contact with the public on the premises except by mail or telephone (except as stated in 26-673).

(e)

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

(f)

No delivery to or from the premises by commercial vehicles, cars, vans or station wagons of a supplier or vendor. Delivery of product and pick up of supplies or materials shall be made in a noncommercial vehicle by the proprietor or resident help of the home occupation.

(g)

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

(h)

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

(i)

No commercial advertising or identifying signs.

(j)

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

(k)

There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes. (Private telephone excluded).

(l)

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

(Code 1960, § 11105.02; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1779, § 5, 5-23-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94)

Permitted uses in regard to home occupations are:

(a)

Sales and service type business with no on-site contact with the public such as but not limited to:

Accountant.

Architect, draftsman, etc.

Artist.

Author.

Contracting service.

Dress designer.

Engineers.

Gardener.

Insurance agent.

Pattern designer, clothing.

Photographer.

Pool maintenance.

Sale of product or service (mail, telephone or off premises sales) to public or business firms.

Typist.

(b)

Production and assembling of small quantities of items such as but not limited to:

Drapes.

Clothing.

Games.

Jewelry.

Knick-knacks.

Macrame.

Novelties.

Potted plants.

Toys.

(c)

Services with limited contact with the public on the premises, specifically limited to:

(1)

Small family day care homes and other community care facilities, including adult care, provided the facility provides care for no more than six (6) persons and is licensed by the State of California, unless otherwise provided by State Law.

(2)

Large family day care homes licensed by the State of California, providing care for nine (9) to fourteen (14) children, and complying with section 26-287 of this chapter.

(3)

Letting for hire of not more than two (2) rooms for rooming or boarding use for not more than two (2) persons, neither of whom is transient, providing that off-street parking is available for all vehicles operated by such persons and all residents of the dwelling.

(4)

Music teacher, one (1) student per class.

(5)

Tutor, one (1) student per class.

(d)

Services and uses allowed with a conditional use permit as set forth in section 26-246:

(1)

Foster home (more than six (6) children).

(2)

Hobby kennel.

(3)

Horse boarding or breeding.

(Code 1960, § 11105.03; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1606, § 2, 9-26-83; Ord. No. 1663, § 3, 4-8-85; Ord. No. 1779, § 5, 5-23-88; Ord. No. 1895, § 2, 4-7-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 1959, § 2, 9-5-95; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2140, § 3, 7-19-05)

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

Auto repair.

Barber or beauty shop.

Bathhouse.

Bicycle repair.

Carpentry work.

Dance instruction.

Laundering service.

Massage parlor.

Medical or dental office.

Painting of vehicles, trailers or boats.

Photo developing.

Photo studio.

Private school with organized classes.

Radio or television repair.

Upholstering.

Welding.

(Code 1960, § 11105.04; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1631, § 3, 4-23-84)

The purpose of this division is to provide incentives to developers to provide housing for very low, low or moderate income and senior citizen households, and to developers who donate land or provides child day care facilities to implement Government Code Section 65915.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

Affordable housing costs shall mean monthly housing expenses expressed as a proportion of gross monthly income that can be reasonably allocated for this purpose. Housing costs for rental dwelling units shall include (1) monthly rent, and (2) a reasonable allowance for utilities. Housing costs for "for-sale" dwelling units shall include the sum of the actual or projected monthly payments for (1) principal and interest on a mortgage loan, including any loan insurance fees, (2) property taxes and assessments, (3) fire and casualty insurance, (4) property maintenance and repairs, (5) homeowners association fees (if any), and (6) a reasonable allowance for utilities. For households of the following income levels, affordable housing costs shall not exceed the following limits:

(1)

Very low income households: Thirty (30) percent of fifty (50) percent of the area median income for Los Angeles County, adjusted for household size, divided by twelve (12).

(2)

Lower-income households: Thirty (30) percent of seventy (70) percent of the area median income for Los Angeles County, adjusted for household size, divided by twelve (12).

(3)

Moderate-income households: Thirty-five (35) percent of one hundred ten (110) percent of the area median income for Los Angeles County, divided by twelve (12).

(b)

Affordable sales price shall mean a sales price at which very low income and lower-income households can qualify for the purchase of target units, calculated on the basis of underwriting standards of mortgage financing available for the housing development.

(c)

Affordable unit means a dwelling unit within a residential development which will be reserved for sale or rent to very low, low, or moderate-income households at an affordable sales price or affordable rents in a manner to qualify the residential development for a density bonus under this chapter.

(d)

Area median income means area median income for Los Angeles County as published by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, or successor provision.

(e)

Child care facility means a child day care facility, other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school age child day care centers.

(f)

Common interest development means housing that qualifies as a common interest development under Civil Code Section 1551, such as condominiums and housing cooperatives, provided that all units in the development are offered to the public for purchase.

(g)

Density bonus shall mean an increase over the otherwise maximum allowable residential density as established under the existing or proposed multiple-family residential zoning designation and general plan land use designation.

(h)

Density bonus housing agreement shall mean a legally binding agreement between a developer and the City of West Covina and/or the City of West Covina redevelopment agency to ensure that the requirements of this division are satisfied. The agreement, among other things, shall establish (1) the number, size, and location of target units, (2) terms and conditions of affordability, and (3) production schedule.

(i)

Density bonus units means those units that are built due to a grant of a density bonus and which exceed the otherwise maximum allowable residential density for the development site.

(j)

Eligible household means a household that satisfies the size and income requirements applicable to an affordable unit.

(k)

Eligible housing development means a development project for five (5) or more residential units; a project to substantially rehabilitate and convert an existing commercial building to residential use; or the substantial rehabilitation of an existing multifamily dwelling as defined in Government Code Section 65863.4(d), where the result of the rehabilitation would create a net increase in residential units.

(l)

Lower-income household means households whose income does not exceed the lower-income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.

(m)

Incentives shall mean regulatory concessions including, but not necessarily limited to, the modification of site development standards or zoning code requirements, the modification of otherwise required public works improvements or other on-site or off-site physical improvements, and/or direct financial assistance that would result in identifiable cost avoidances or reductions.

(n)

Incentives, additional shall mean incentives granted in addition to the incentives required to be granted pursuant to Government Code Section 65915(b).

(o)

Mandated operating period means a period of at least thirty (30) years during which the affordable units, the qualified child care facility, or the senior citizen housing development is operated in accordance with the requirements of state law and this chapter.

(p)

Moderate income household means households whose income does exceed the moderate income limits applicable to the Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50093.

(q)

Senior citizen housing development means a housing development of at least thirty-five (35) units as defined in Civil Code Section 51.3, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Section 798.76 or 799.5.

(r)

Senior citizen housing shall mean a housing development consistent with the California Fair Employment and Housing Act (Government Code Section 12900 et seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act (42 U.S.C. § 3607(b)) and implementing regulations and as that phrase is used in California Civil Code Sections 51.2 and 51.3.

(s)

Specific adverse impact means a "specific adverse impact" as defined in Government Code Section 65589.5.

(t)

State law means California Government Code Sections 65915 through 65918.

(u)

Substantial rehabilitation means the rehabilitation of dwelling units including correction of code violations, Title 24 upgrades, seismic rehabilitation (where appropriate) and accessibility upgrades such that the units is returned to the city's housing supply as decent, safe and sanitary housing. The minimum cost threshold for substantial rehabilitation is forty thousand dollars ($40,000.00) per unit, which shall be adjusted each calendar year, beginning in 2014, to account for the cumulative change in the Consumer Price Index published for Los Angeles County, or if such index is no longer published, such equivalent index as shall be selected by the planning director.

(v)

Target units shall mean those dwelling units within a housing development that are produced in exchange for a density bonus and/or other incentives, including dwelling units that will be reserved for sale or rent to very low income households, lower-income households, and/or qualifying residents pursuant to the terms of a density bonus housing agreement.

(w)

Very low income household means households whose income does not exceed the very low income limits applicable to Los Angeles County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Health and Safety Code Section 50105.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

A housing development with at least five (5) dwelling units is eligible to receive a density bonus and incentives or concession if it satisfies one (1) of the following requirements:

(1)

At least ten (10) percent of the total dwelling units, prior to the grant of the density bonus, are reserved for lower income households;

(2)

At least five (5) percent of the total dwelling units, prior to the grant of the density bonus, are reserved for very low income households;

(3)

The development qualifies as a common interest development and at least ten (10) percent of the total dwelling units, prior to the grant of a density bonus, are reserved for moderate income households;

(4)

The development is a condominium conversion and:

a.

At least fifteen (15) percent of the total dwelling units are reserved for low income households; or

b.

At least thirty-three (33) percent of the total units are reserved for moderate income households; or

(5)

The development is a senior citizen housing development.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

Eligible projects shall receive density bonuses equal to the bonus required to satisfy state law, as shown in the following table:

(b)

All density calculations resulting in fractional units shall be rounded up to the next whole number.

(c)

Density bonus units shall not be included when determining the number of affordable units necessary to qualify for a density bonus.

(d)

For the purposes of any provisions in this chapter, an applicant may elect to accept a lesser percentage of density bonus than that to which the housing development is eligible.

(e)

For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one (1) development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located.

(f)

For the purpose of this chapter, the "total units" or "total dwelling units" in a housing development does include those units added by any density bonus.

(g)

The granting of a density bonus or incentive or concession pursuant to this chapter shall not be interpreted, in and of itself, to require an amendment of the general plan, a specific plan, a zoning ordinance or other discretionary approval.

(h)

Density bonus housing agreement. A density bonus housing agreement shall be recorded against any property receiving a density bonus or which will provide affordable housing pursuant to this chapter. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

Intent. In providing opportunities for the granting of density bonuses in excess of those specified in section 26-678.1, it is the city's intent to be of further meaningful assistance to promoting the development of housing to meet the diverse housing needs of the community. This notwithstanding, proposals for discretionary density bonuses shall be carefully reviewed and considered and may only be granted where standards set forth under subsection (b) have been determined to be met.

(b)

Determination of discretionary density bonuses. Rather than utilizing a specific formula, the determination of whether and at what level to grant a discretionary density bonus shall be based on a case-by-case evaluation of proposed housing developments. The factors to be considered in this evaluation shall include, but are not limited to:

(1)

The type and extent of target units being proposed.

(2)

That the density bonus is necessary to make the project economically feasible.

(3)

That the proposed housing will help fulfill the housing needs of the community as established within the housing element of the general plan.

(4)

That the housing development reflects high standards in the quality of design and provision of amenities.

(5)

That the proposed housing development is compatible with the surrounding neighborhood.

(c)

A density bonus of greater than thirty-five (35) percent above the otherwise allowable density, but in no case greater than one hundred (100) percent as allowed in each income category in section 26-678.1, may be granted at the city's discretion to applicants that agree to provide the following types of housing, provided said housing developments comply with all other provisions of this division.

(1)

Greater than fifty (50) percent of the total dwelling units reserved for qualifying residents (senior citizens); or

(2)

Any combination of dwelling units, meeting or exceeding the minimum percentages specified in section 26-678.1, reserved for and affordable to very low income households, reserved for and affordable to lower-income households, and reserved for qualifying residents (senior citizens).

(d)

A density bonus of greater than thirty-five (35) percent above the otherwise allowable density, but in no case greater than two hundred (200) percent, may be granted at the city's discretion to applicants that agree to provide any combination of dwelling units where all of the units are reserved for and affordable to very low income households and/or lower-income households.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

Concession or incentive means any of the following:

(1)

A reduction in a site development standard or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Commission as provided in Health and Safety Code Section 18901 et seq. This includes, but is not limited to, a reduction in setback and square footage of vehicular parking spaces that would otherwise be required that result in identifiable, financially sufficient, and actual cost reductions.

(2)

Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.

(3)

Other regulatory incentives or concessions proposed by the developer or the city that result in an identifiable, financially sufficient, and actual cost reductions.

(b)

Under no circumstances shall the city be required to grant, as a concession or incentive, public land, a waiver of fees, a waiver of dedication requirements, or direct financial incentives for the housing development.

(c)

Eligible residential developments shall receive concession(s) in a number to satisfy the minimum requirements of state law as follows:

(d)

For purposes of this calculation, each individual deviation from the zoning requirements, rules, or other standards or conditions of the city shall constitute a separate concession. However, a variation in one (1) standard or requirement shall constitute only one (1) concession if, by necessity, the one (1) variation results in the automatic and unavoidable variation in a second standard.

(e)

Concessions shall not be provided to a development which obtains its entire density bonus entitlements through a qualifying land dedication.

(f)

Findings to deny incentive or concession. The city shall grant the incentive or concession requested by the applicant unless the city makes a written finding based upon substantial evidence of any of the following:

(1)

The incentive or concession is not required in order to provide for affordable housing costs or for affordable rents for the restricted units;

(2)

The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or

(3)

The incentive or concession would be contrary to state or federal law.

(g)

Developer affordable housing agreement.

(1)

Applications requesting a density bonus shall agree to enter into a density bonus housing agreement with the city. The terms of the draft agreement shall be reviewed and revised as appropriate by the planning director, who shall formulate a recommendation to the planning commission for final approval. A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this chapter and shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed.

(2)

The density bonus housing agreement shall be recorded prior to final tract or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind future owners and successors in interest.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of section 26-678 at the densities or with the concession or incentives permitted under this chapter. The applicant may request a meeting with the city.

(b)

The city shall not waive or reduce development standards if the waiver or reduction would:

(1)

Have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment.

(2)

Be contrary to state or federal law.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

Upon written request by the applicant for a housing development meeting the criteria for a density bonus under section 26-678.3 of this chapter, the city shall not require a vehicular parking ratio that exceeds the following:

(1)

Zero (0) to one (1) bedroom units: One (1) on-site parking space.

(2)

Two (2) to three (3) bedroom units: Two (2) on-site parking spaces.

(3)

Four (4) and more bedroom units: Two and one-half (2½) parking spaces.

(b)

Guest parking and handicapped parking shall be included within the maximum number of spaces that may be required. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking. For purposes of this chapter, the parking ratios set forth in this section shall be deemed a concession or incentive available to the applicant under section 26-678.3.

(c)

Modification of minimum dwelling unit size. The otherwise required minimum dwelling unit sizes may be reduced, but in no case shall they be reduced to less than the following standards:

The determination of the reduced unit sizes shall take into consideration the following factors:

(1)

The overall efficiency of proposed floor plans.

(2)

The availability and size of private and common open space, and other on-site recreational and community facilities.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

The city shall grant an additional density bonus or an additional concession to a project that is eligible to receive a density bonus and incentives or concessions under section 26-678 if it provides a qualified day care facility that will be located on the premises of, as part of, or adjacent to the proposed project.

(b)

The city shall decide whether it provides an additional density bonus or an additional concession pursuant to this section. If an additional density bonus is provided, the additional residential area shall be equal to the square footage of the qualified child care facility. If a concession is provided, it shall contribute significantly to the economic feasibility of the construction of the qualified child care facility.

(c)

The city shall not be obligated to grant the additional density bonus or provide an additional concession if it finds, pursuant to Government Code Section 65915(h)(3), that the city has adequate child care facilities.

(d)

A regulatory agreement shall be recorded against any property receiving a density bonus or concession for the construction of a child care. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivision, prior to approving a final map.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

When an applicant for a housing development of five (5) or more dwelling units donates land to the city as provided in this section, the applicant shall be entitled to a fifteen (15) percent increase above the otherwise allowable residential density permitted in the applicable zone. For each one (1) percent increase above the minimum ten (10) percent land donation described in Government Code Section 65915(g), the density bonus shall be increased one (1) percent, up to a maximum of thirty-five (35) percent. This increase shall be in addition to any increase in density mandated by section 26-678.1, up to a maximum combined mandated density increase of thirty-five (35) percent if an applicant seeks an increase pursuant to both this subdivision and section 26-678.1. All density calculations resulting in fractional units shall be rounded up to the next whole number.

(b)

To qualify for the additional density bonus described in subsection (a) of this section, the donation in land must meet all the of the following criteria:

(1)

The tentative map, subdivision map, parcel map, or other residential development must otherwise be subject to a density bonus pursuant to section 26-678.1 of this chapter;

(2)

The land must be transferred no later than the date of the approval of the final subdivision map, parcel map, or housing development application;

(3)

The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of dwelling units affordable to very low income households in an amount not less than ten (10) percent of the total number of market rate dwelling units in the proposed development (i.e., the proposed development before the addition of any density bonus);

(4)

The donated land is at least one (1) acre in size or is large enough to permit development of at least forty (40) units, has the appropriate general plan land use designation, has the appropriate zoning and development standards for affordable housing and, at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure;

(5)

No later than the date of approval of the final map, parcel map, or other development application for the housing development, the donated land must have all of the applicable permits and approvals (other than building permits) necessary for the development of the very low income housing units on the donated land, except that the city may subject the proposed housing development to subsequent design review to the extent authorized by California Government Code Section 65583.2(1) if the design is not reviewed by the city prior to the time of transfer;

(6)

The donated land is subject to a deed restriction ensuring continued affordability of the very low income units consistent with section 26-678.1 of this chapter, which deed restriction shall be recorded upon the donated property at the time of its transfer;

(7)

The land will be transferred to the city, or to a housing developer approved by the city. The city reserves the right to require the applicant to identify a developer and to require that the land be transferred to that developer; and

(8)

No later than the date of approval of the final map, parcel map, or other development application for the housing development, a proposed source of funding for the construction of the very low income units shall be identified.

Nothing in this section shall be construed to enlarge or diminish the authority of the city to require a developer to donate land as a condition of development.

(c)

A regulatory agreement shall be recorded against any property receiving a supplemental density bonus for a donation of land. The agreement shall be recorded at the earliest time possible, but in all events, prior to issuing a building permit, or in the case of subdivisions, prior to approving a final map.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

Unless waived by the planning director, a preliminary application shall be submitted prior to the submittal of any formal development application for a housing project that includes a request for a density bonus and/or concession. The preliminary application shall include the following information:

(1)

Categorization of project. The applicant who requests a density bonus shall elect one (1) of the categories identified in section 26-678 to be used in calculating available density bonuses and concessions;

(2)

A brief description of the proposal including the total number of units prior to the grant of a density bonus, the number of density bonus units, and the number of affordable units;

(3)

The zoning and general plan designations and assessor's parcel number(s) for the project site;

(4)

A site plan, drawn to scale, which includes: building footprints, driveway and parking layout, existing topographic contours and proposed grading; and

(5)

A letter identifying what specific density bonus, and/or concession are being requested and the basis on which the project qualifies for a density bonus.

(b)

The planning department shall provide to an applicant/developer, a letter that identifies project issues of concern and the procedures for compliance with this chapter.

(c)

Formal application. The following information shall be included with the development application(s) required for the project:

(1)

Housing developments that include dwelling units utilizing the density bonus and/or incentive provision of this division may only be permitted subject to the granting of a conditional use permit pursuant to the provisions of sections 26-246 through 26-260 of this chapter.

(2)

A legal description of the total site proposed for development of the affordable units including proposed zoning;

(3)

A letter signed by the applicant stating the specific density bonus, incentives, or concessions (e.g., standards modifications, additional density bonus, or fee waiver, etc.) are being requested from the city;

(4)

Site plans, designating the total number of units proposed on the site, including the number and location of affordable and density bonus dwelling units, and supporting plans per the application submittal requirement;

(5)

In the case of a request for an incentive or concession, evidence that the incentive or concession is required in order to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the target units to be set as specified in section 26-682. If the planning director determines that additional information or special skill is required to review, assess, or verify the developer's financial data and calculations, the planning director may request to engage an outside consultant, at the applicant's expense, to perform that required review, assessment, or verification;

(6)

If a waiver is requested, evidence that the development standard if not waive or reduced will have the effect of precluding the construction of the development at the densities or with the concessions or incentives permitted by this chapter;

(7)

Upon written submissions seeking relaxed parking requirements prior to the time the application is deemed or declared complete, the city shall not require parking that exceed the requirements of Government Code Section 65915(p);

(8)

Such other information as may be reasonably required by the city to evaluate the application, including additional requirements that are needed to evaluate projects offering qualifying land dedications.

(d)

Once deemed complete, a density bonus or regulatory incentive application shall be processed, and determinations made thereon, by the decision-making authority at the same time that applications for related permits and approvals for the underlying housing development are processed and acted upon. A density bonus or regulatory incentive application shall be processed and heard concurrently with applications for the project's other required entitlements.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

Prior to the granting of a density bonus, concession, or waiver under this chapter, a density bonus housing agreement shall be recorded against the relevant property that binds the owner's successors and assigns.

(b)

Provisions common to all density bonus housing agreements. Except as provided below, a density bonus housing agreement shall:

(1)

Bind the relevant property or properties for a period equaling or exceeding the mandated operating period;

(2)

Require compliance with the terms of state law, this chapter, and all other applicable statues, ordinances, regulations and covenants running with the land;

(3)

Provide the city with reports, monitoring procedures, and enforcement methods (including legal actions permitting the recovery of attorney fees) to assure compliance with the preceding obligations; and

(4)

Provide reimbursement to the city for its expenses whether those expenses arise on a recurring or nonrecurring basis.

(5)

Housing bonus density agreement may also contain other requirements to protect neighborhoods and the public interest which do not impair the intent or purposes of this chapter or state law.

(c)

Density bonus housing agreements for developments with affordable units shall:

(1)

Set forth the number of affordable units, their size, location, and production schedule;

(2)

Require that affordable units be made available to eligible households at an affordable rent or affordable housing cost based on household size appropriate for the affordable unit;

(3)

Prohibit an eligible household from renting or subletting an affordable unit;

(4)

Limit sale of units reserved for low and very-low income households to affordable sales made to eligible households (until the mandated operating period lapses);

(5)

Ensure continued affordability of all low- and very low income units that qualified the applicant for the award of the density bonus concession for thirty (30) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program;

(6)

Ensure that the initial occupant of moderate-income units that are directly related to the receipt of the density bonus in a common interest development are persons and families of moderate income, and that the units are offered at an affordable housing cost;

(7)

Control sales of moderate-income condominiums to provide the city with a share of the sale proceeds to achieve the equity-sharing arrangement required by Government Code Section 65915(c)(2);

(8)

Place a deed of trust on affordable for-sale units to assure that the city obtains any required equity-sharing payment and, for other for-sale units, to place a deed of trust to secure performance of all obligations imposed by this chapter and state law.

(d)

Regulatory agreements for developments with qualifying land dedications shall:

(1)

Ensure that the applicant has proposed a development for very low income households that will provide sufficient affordable units to satisfy the applicable density bonus requirements;

(2)

Guarantee that all permits and plans, with the exception of building permits, required for development of the very low income units on the transferred land have received full approval not later than the date of approval of the final subdivision map, parcel map, or residential development application;

(3)

Require that a qualified contractor, acceptable to the city, has committed to build the development at the cost proposed by the applicant;

(4)

Subject the affordable units and transferred land to a deed restriction, which shall assure that the development is operated in accordance with Civil Code Section 51.3, or if the development is a mobile home park, that is operates in accordance with Civil Code Section 798.76 or 799.5.

(e)

Regulatory agreements for development with qualified child care facilities shall:

(1)

Require that the child care facility provide care for child of very low, low, or moderate-income households for a period of time during which the affordable units are required to remain affordable under this section;

(2)

Require that the children of very low, low, and moderate income households attending child care facility shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to section 26-678.

(3)

Provide financial or other guarantees to assure the continued operation of the day care facility during the mandated operating period.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

The city may charge fees to recover any and all expenses associated with administering the programs required by this chapter and in performing the functions associated with density bonus housing agreements.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

Upon written submissions seeking replaced parking requirements prior to the time that the application for is deemed or declared complete, the city shall require parking that exceeds the requirements of Government Code Section 65915(p). If the number of required parking spaces pursuant to Government Code Section 65915(p) is other than a whole number, the number shall be rounded up to the next whole number.

(b)

This chapter implements Government Code Sections 65915—65918. In the event that these sections are amended, those amended provision shall be incorporated into this chapter. Should any inconsistencies exist between the amended state law and the provision set forth herein, state law shall prevail. Until the Code is formally amended to eliminate any such inconsistencies the planning director shall maintain an explanation of all such amendments which shall be distributed as part of the density bonus regulations.

(c)

This chapter and the density bonus regulations are to be construed and applied by the city in a manner that avoid conflicts with other applicable laws, including state law. No provision of this chapter or the density bonus regulations shall be applied if it would result in a violation of state or federal law. Further, no provision of the regulations shall be applied in a manner that conflicts with the lawful provisions of this chapter.

(d)

The city may institute any appropriate legal actions or proceedings necessary to ensure compliance herewith, including but not limited to action to revoke, deny or suspend any permit or development approval.

(Ord. No. 2250, § 2(Exh. A), 10-15-13)

(a)

Purpose. The purpose of this section is to provide for the development of nonemergency aircraft landing facilities and to set evaluation criteria and operating regulation that will prevent any undue burden, hardship or danger to the surrounding community from the services or activities of such a facility.

(b)

Regulation. Any site, location or facility used for nonemergency aviation activity involving aircraft shall be considered a nonemergency aircraft facility and subject to criteria and regulations of this division, in addition to any special conditions imposed by a conditional use permit. A takeoff and landing area permanently designated for the sole purpose of receiving and dispatching aircraft designed specifically for emergency relief services or other public safety emergency needs, or the transport of accident victims for emergency treatment shall be considered an emergency facility and subject only to approvals as required by state and federal agencies regulating aviation activity.

(c)

Development standards:

(1)

A conditional use permit shall be obtained prior to the development of a nonemergency landing facility (as specified in article VI, division 3 of this chapter). The application for such permit shall also include as follows:

a.

A noise test taken by applicant between the hours of 7:00 a.m. and 8:00 p.m. at the residential properties most likely to be affected by the landing site and approach/departure routes. Test is to include three (3) measured readings from simulated landings of the actual type of aircraft using the landing site.

b.

A location map designating the landing site, any significant structures within the vicinity, land uses within three hundred (300) feet of subject property, and proposed approach and departure routes.

(2)

Development of the landing facility shall comply with all the design standards and regulations set by the Federal Aviation Administration, state department of transportation, and any other agency having approval authority over such a facility.

(3)

No aircraft landing facility shall permit the landing or liftoff of a manned hot-air balloon used for untethered flight.

(4)

The planning commission may make modifications and attach conditions to the proposed operation of any landing facility application as it feels is necessary to ensure compatibility of land uses with surrounding development and protect surrounding residential developments from adverse noise impacts.

(Ord. No. 1553, § 4, 7-12-82)

The purpose of this division is to provide for the establishment and operation of dance halls and dancing in accordance with certain requirements designed to ensure compatibility of such facilities with surrounding businesses and residential development.

(Ord. No. 1550, § 1, 6-28-82)

The requirements of this division shall apply to dance halls and dance facilities. Any business which permits a dance or dancing on the premises, whether for profit or not for profit, whether as a primary use or in conjunction with a commercial use, shall be considered a dance facility except dance schools as defined in section 26-63 of this chapter.

(Ord. No. 1550, § 1, 6-28-82; Ord. No. 2030, § 4, 4-20-99)

(a)

Dance halls and dance facilities may be established and operated only in the zones specified in section 26-597 of the Zoning Code.

(b)

A conditional use permit shall be obtained prior to establishing a dance hall or dance facility (as specified in article VI, division 3 of this chapter) and shall be subject to periodic review by the planning commission every six (6) months for an initial two (2) years from date of commencement of the dance facility operation and subject to subsequent review, at least once every three (3) years thereafter.

(c)

Live entertainment and other entertainment activities conducted on the premises shall be subject to the city noise regulations prescribed in chapter 15, article IV of this Code.

(d)

The permitted occupancy or total number of patrons allowed to enter the premises for dancing or related activity shall be restricted to two (2) persons per parking space provided on the site or the maximum occupancy permitted by the Uniform Building Code whichever is less.

(e)

Parking required for a dance hall or dance facility shall be provided at a rate of one (1) on-site parking space for every twenty (20) square feet of dance and related assembly area.

(1)

Dance-related assembly area shall include any interior or public space of the premises used in connection with dancing or dance-related activities but shall not include a dining area which is not operated in connection with dancing and is physically separated from such activities by a wall.

(2)

A dance facility with the main entrance at a distance greater than three hundred (300) feet from the nearest residential development and also located within a comprehensively planned shopping center is not subject to the above specified requirements for parking.

(f)

Hours of operation for dance facilities may be established by the planning commission but in no case shall extend beyond 1:45 a.m.

(g)

A conditional use permit for dancing activity shall be granted personally to the owner of such business or use and shall become null and void upon transfer of ownership or any other interest for such business or use.

(h)

There shall be no public nuisance created by such use as a result of noise.

(i)

No person in charge of or assisting in the conduct of dance hall or facility, or featuring live entertainment, shall permit any person to enter into, to be in or to remain in any place where such dance hall, facility or live entertainment is conducted, who is intoxicated, boisterous, or disorderly. No person in an intoxicated condition shall enter, be in or remain in a dance hall, facility or where live entertainment is permitted by this article. No person shall conduct themselves in a boisterous or disorderly manner in or at a dance hall, facility or where live entertainment is permitted by this article.

(Ord. No. 1550, § 1, 6-28-82; Ord. No. 1910, § 2, 10-13-92)

The purpose of this division is to permit the operation of computer game/internet access centers, game arcades, billiard parlors and pool halls, providing recreation for the citizens of West Covina while guaranteeing the protection of community and surrounding property, and to reduce the impact on the property on which the computer game/internet access center, arcade, billiard parlor or pool hall, is located, thereby reducing the need and call for public services, through consideration of physical treatment and compatibility with the community and surrounding property.

(Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 2102, § 3, 6-17-03)

(a)

Computer game/internet access centers. Any place of business providing one (1) or more computers for public use for the purpose of playing computer games, accessing the internet, or other computer use. For the purpose of the chapter, government facilities providing computers for public use shall not be considered as computer game/internet access centers.

(b)

Computer game/internet access centers, main use. Any place of business providing one (1) or more computers for public use for the purpose of playing computer games, accessing the internet, or other computer use, not as an accessory to a main use.

(c)

Computer game/internet access centers, accessory use. Any place of business providing one (1) or more computers for public use for the purpose of playing computer games, accessing the internet or other computer uses, which is secondary or incidental to another use.

(d)

Game arcade, main use. Any place of business containing one (1) or more games of skill or science not as an accessory to a main use.

(e)

Game arcade, accessory use. A use accessory to a main use, containing four (4) or more coin-operated games of skill or science (as defined in sections 5-72—5-91 of the West Covina Municipal Code), and thereby, requiring a conditional use permit as stated in section 5-82(b) of the West Covina Municipal Code.

(1)

An accessory game arcade containing one (1) to three (3) coin-operated games of skill or science is permitted to operate without a conditional use permit as herein provided.

(f)

Billiards. Billiard and pool games shall mean any of the several games on a table (including those coin-operated), surrounded by an elastic ledge or cushions, with balls which are intended to be propelled by cues.

(g)

Billiard parlor, main use. Any place containing billiard tables not as an accessory to a main use.

(h)

Billiard parlor, accessory use. A use accessory to a main use, containing four (4) or more billiard tables, and, thereby, requiring a conditional use permit.

(1)

An accessory use billiard parlor containing three (3) or less billiard tables is permitted to operate without a conditional use permit as herein provided.

(i)

Unless otherwise specified, "computer game/internet access centers" means either accessory use computer game/internet access centers or main use computer game/internet access centers, "game arcades" means either accessory use game arcades or main use game arcades, and "billiard parlors" means either accessory use billiard parlors or main use billiard parlors.

(Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2102, § 3, 6-17-03)

(a)

Computer game/internet access centers, game arcades, and billiard parlors, may be established only in the zones as specified in section 26-597.

(b)

Computer game/internet access centers shall be subject to the following permits:

(1)

No zoning permit shall be required for an accessory computer game/internet access centers containing one (1) to nine (9) computers.

(2)

An accessory computer game/internet access center with ten (10) or more computers, shall be subject to the granting of an administrative use permit, or if located in the Neighborhood Commercial (N-C) zone a conditional use permit is required, as specified in article VI, divisions 3 and 5, of this chapter.

(3)

A main use computer game/internet access center shall be subject to the granting of an administrative use permit, or if located in the Neighborhood Commercial (N-C) zone a conditional use permit is required, as specified in article VI, divisions 3 and 5, of this chapter.

(c)

A conditional use permit shall be obtained prior to establishing a game arcade or billiard parlor, (as specified in article VI, division 3 of this chapter).

(d)

The development standards of the zone in which this use is to be located shall apply (as specified in article X, division 3 of this chapter), unless this section specifically permits or prohibits otherwise.

(Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1, (Amd. 258, Exh. 1), 4-5-94; Ord. No. 2102, § 3, 6-17-03)

(a)

Specific development requirements for a computer game/internet access center:

(1)

No main use computer game/internet access center shall be located within five hundred (500) feet of the entrance of any public or private school conducting classes between first and twelfth grades. The distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the arcade to the nearest accessible portion of any property.

(b)

Conditions of approval of an administrative use permit or a conditional use permit for a computer game/internet access center:

(1)

There shall be no loitering allowed around the computer games/internet access center.

(2)

Establishments with computer games/internet access centers shall provide a waiting area with seating equal to one (1) seat for every five (5) computer stations. No waiting list may be maintained beyond the seating capacity of the waiting area.

(3)

Each computer games/internet access center shall provide a minimum of two (2) unisex toilet and lavatory facilities that are accessible to customers and employees.

(4)

Computer game/internet access centers shall provide full-time adult attendants or supervisors, twenty-one (21) years of age or older, at a ratio of two attendant/supervisor for main use or accessory use centers with one (1) to seventy-five (75) machines or less, three (3) attendants/supervisor for seventy-six (76) to one hundred and twenty-five (125) machines, and one (1) additional attendant/supervisor for every additional fifty (50) machines or fraction thereof. Only one (1) attendant/supervisor is required prior to 5:00 p.m. at businesses with seventy-five (75) or less machines. In addition, at least one (1) California State registered security guard is required after 8:00 p.m. at all computer game/internet access centers.

(5)

Hours of operation for a computer game/internet access center shall be limited to 8:00 a.m. to 12:00 midnight. The planning director may, after three (3) months of operation approve extended hours of operation. The hours of operation must be posted in a conspicuous place.

(6)

The administrative use permit or conditional use permit may be revoked, amended or suspended by the planning commission under the provisions of section 26-253 of the West Covina Municipal Code.

(7)

Licenses or permits as required in chapter 5, article V, and chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use.

(8)

All games shall be located in a plainly visible location so that the area can be monitored by the employees of the business. A video camera may be used to meet this requirement if approved by administrative use permit or conditional use permit.

(9)

The interior and exterior of the building and the front and rear parking lot shall be brightly lit with no dark areas. Exterior lighting shall be installed and maintained in a manner eliminating any nuisance to adjacent residential property.

(10)

Any computer game/internet access center shall be subject at all times to police inspection and supervision for the purpose of asserting if the provisions of this article are being observed, and no personnel shall hinder, obstruct or delay any police officer from entering any such place.

(11)

No person shall keep any door or entrance to any computer game/Internet access center locked, barred or barricaded in such a manner to make it difficult for access to police officers while two (2) or more persons are present.

(12)

All computers that are accessible to minors must be equipped with adult blocking software.

(13)

All owners, operators or attendants must be free of any crimes against children, including felonies, misdemeanors or otherwise.

(c)

Such other conditions as deemed by the planning commission or planning director to reasonably relate to the purpose of this division, such as but not mandatory or limited to:

(1)

Windows shall be maintained to allow an unobstructed view of the interior.

(2)

Noise, congregation, parking, and other factors generated by the use, which are detrimental to the public health, safety and welfare.

(3)

Review of the computer game/internet access center, main or accessory use, operation permitted by the conditional use permit is required after six (6) months, beginning on the date of the start of operation.

(4)

At no time shall alcoholic beverages be sold, dispensed, possessed, brought, or allowed on the premises of any computer game/internet access center except in those cases where the computer game/internet access center is accessory to a bona fide eating place with a conditional use permit for on-sale alcohol service.

(Ord. No. 2102, § 3, 6-17-03)

(a)

Specific development requirements for a game arcade:

(1)

No arcade shall be located within one thousand (1,000) feet of a public or private school conducting classes between first and twelfth grades. The distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the arcade to the nearest accessible portion of any school property.

(2)

Provide a burglar, robbery alarm system operated in conformance to the West Covina Municipal Code, chapter 4.5.

(b)

Conditions of approval of a conditional use permit for a game arcade:

(1)

No admittance of juveniles under sixteen (16) years of age until 1:30 p.m. except on Saturday, Sunday, holidays and school vacations.

(2)

No one under twelve (12) years of age admitted unless supervised by an adult.

(3)

One (1) attendant, twenty-one (21) years of age or older, is required for every twenty-five (25) games; two (2) attendants minimum required for a main use or accessory use game arcade.

(4)

Review of the operation permitted by the conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of a main use game arcade.

(5)

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

(6)

The conditional use permit may be revoked, amended or suspended by the planning commission under the provisions of section 26-253 of the West Covina Municipal Code.

(7)

Licenses or permits as required in chapter 5, article V and chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use.

(8)

Main use game arcade business hours: 10:00 a.m. to 10:00 p.m. The planning commission may approve extended hours of operation under certain circumstances; but in any case, after 10:00 p.m. attendance shall be limited to adults and minors accompanied by a parent or legal guardian.

(9)

No sound created by the arcade or its patrons shall be detected from the exterior of the arcade or from adjacent stores or offices.

(c)

Such other conditions as deemed by the planning commission to reasonably relate to the purpose of this division, such as but not mandatory or limited to:

(1)

Review of the operation permitted by the conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of an accessory use game arcade.

(2)

Bike rack stalls: One-half per machine.

(3)

Automobile parking requirements to be determined per conditional use permit depending on the type of main use, location or if it is a main use arcade.

(4)

Windows shall be maintained to allow an unobstructed view of the interior.

(5)

Accessory use game arcade business hours, if different from business hours of the main use.

(Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)

(a)

Specific development requirements for billiard parlors.

(1)

Spacing of tables. A clear and unobstructed distance of six (6) feet shall be provided between tables, and between tables and walls or other obstructions.

(2)

Lighting. The interior and exterior of the building and the front and rear parking lot shall be brightly lit with no dark areas. Exterior lighting shall be installed and maintained in a manner eliminating any nuisance to adjacent residential property.

(3)

Floor covering. All floor surfaces of the playing and spectator area shall be covered with fabric carpet.

(4)

Proximity to school. No billiard parlor shall be located within one thousand (1,000) feet of a public or private school conducting classes between the first and twelfth grades. This distance shall be measured over a pedestrian path of travel from the nearest customer entrance of the parlor to the nearest accessible portion of any school property.

(5)

Open view. All billiard parlors shall be so constructed and maintained that a clear and unobstructed view of the entire interior thereof may at all times be had from the street or sidewalk in front of the same, except in those cases where the billiard parlor is an accessory use to a bona fide eating place, as defined in section 23038 of the California Business and Professions Code. No partitions forming rooms, stalls, or other enclosures where the public congregates shall be permitted. This provision, however, shall not be construed to preclude the maintenance of washrooms, toilet rooms for proper purposes or the maintenance of closets for storage purposes exclusively.

(b)

Conditions of approval of a conditional use permit for a billiard parlor:

(1)

At no time shall alcoholic beverages be sold, dispensed, possessed, brought or allowed on the premises of any billiard parlor except in those cases where the billiard parlor is:

a.

An accessory use to a bona fide eating place, or

b.

A main use with a minimum of twenty-five (25) percent of the floor area of the business utilized as kitchen (minimum five (5) percent) (minimum two hundred (200) square feet) and dining area. At a minimum, the food service shall be available during all hours of business operation and shall consist of a variety of foods prepared and served on the premises including, but not limited to salads, hamburgers, hot dogs, pizza, and tacos. Prepackaged foods that are heated on or off the premises shall not qualify as meeting this minimum food service requirement.

(2)

No person shall operate a billiard parlor between the hours of 2:00 a.m. and 6:00 a.m., or permit or allow any person to play billiards or remain in any billiard parlor between the hours of 2:00 a.m. and 6:00 a.m. This section, however, shall not be construed to prevent regular employees from performing necessary work within the premises.

(3)

Any billiard parlor shall be subject at all times to police inspection and supervision for the purpose of ascertaining if the provisions of this article are being observed, and no personnel shall hinder, obstruct or delay any police officer from entering any such place.

(4)

No person shall keep any door or entrance to any billiard parlor locked, barred or barricaded in such a manner as to make it difficult for access to police officers while two (2) or more persons are present.

(5)

No person shall permit gambling of any kind or description, or playing any games whatsoever for money or anything of value, within any billiard parlor.

(6)

No card table shall be kept or any card games played or allowed in any billiard parlor.

(7)

Main use billiard parlors that do not serve alcohol and all accessory use billiard parlors shall comply with the following:

(i)

No person under the age of sixteen (16) years shall be in, remain in, enter or visit any billiard parlor, unless accompanied by a person over twenty-one (21) years of age who is responsible for the minor's control and supervision.

(ii)

No person having charge or control of the billiard parlor shall permit or allow any person under the age of sixteen (16) years to be in, remain in, enter or visit any billiard parlor, unless such minor person is accompanied by a person over twenty-one (21) years of age who is responsible for the minor's control and supervision.

(iii)

The provisions of paragraphs (i) and (ii) of this section shall not apply to any person under the age of sixteen (16) years, if such person while in any billiard parlor is a member of a bona fide organized recreational group attending such room as a part of its activities, and there is in charge of such group and accompanying such group, while in a billiard parlor, a person over the age of twenty-one (21) years.

(iv)

No person shall represent himself or herself to have reached the age of sixteen (16) years in order to obtain admission to a billiard parlor or to be permitted to remain therein when such person in fact is under sixteen (16) years of age.

(v)

No person under the age of eighteen (18) years shall be in, remain in, enter or visit any billiard parlor after 10:00 p.m. and before 6:00 a.m. of the next day, unless accompanied by his/her parent, guardian or other person having the legal care, custody or control of such person.

(vi)

No person having charge or control of any billiard parlor shall permit or allow any person under the age of eighteen (18) years to be in, remain in, enter or visit any billiard parlor, after 10:00 p.m. and before 6:00 a.m. of the next day, unless accompanied by his/her parent, guardian or other person having the legal care, custody or control of such person.

(vii)

The proprietor or manager of such billiard parlor shall maintain a notice at the front entrance thereof to the effect that a person under the age of sixteen (16) years of age is prohibited from entering the same unless accompanied by a person over twenty-one (21) years of age who is responsible for his/her control and supervision.

(8)

Main use billiard parlors that serve alcohol as permitted under section 26-685.8(b)(1)(ii) shall comply with the following:

(i)

No person under the age of eighteen (18) years shall be in, remain in, enter or visit any billiard parlor, unless accompanied by a person over twenty-one (21) years of age who is responsible for the minor's control and supervision.

(ii)

No person having charge or control of the billiard parlor shall permit or allow any person under the age of eighteen (18) years to be in, remain in, enter or visit the billiard parlor, unless such minor person is accompanied by a person over twenty-one (21) years of age who is responsible for the minor's control and supervision.

(iii)

No person shall represent himself or herself to have reached the age of eighteen (18) years in order to obtain admission to the billiard parlor or to be permitted to remain therein when such person in fact is under eighteen (18) years of age.

(iv)

No person under the age of eighteen (18) years shall be in, remain in, enter or visit any billiard parlor after 10:00 p.m. and before 6:00 a.m. of the next day.

(v)

No person having charge or control of the billiard parlor shall permit or allow any person under the age of eighteen (18) years to be in, remain in, enter or visit the billiard parlor, after 10:00 p.m. and before 6:00 a.m. of the next day.

(vi)

The proprietor or manager of such billiard parlor shall maintain a notice at the front entrance thereof to the effect that a person under the age of eighteen (18) years of age is prohibited from entering the same unless accompanied by a person over twenty-one (21) years of age who is responsible for his or her control and supervision.

(c)

Such other conditions as are deemed necessary by the planning commission to protect the public health, safety, and general welfare of the community.

(Ord. No. 1557, § 5, 9-27-82; Ord. No. 1910, § 2, 10-13-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99)

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

(Ord. No. 1561, § 2, 10-25-82)

(a)

Athletic club. A site containing two (2) or more indoor or outdoor facilities such as gymnasiums, racquetball courts, and swimming pools, which devotes less than ten (10) percent of its building floor area to massage or bathhouse activities (also called health spa).

(b)

Gymnasium. A room or building equipped for physical training, sports or exercise that may include accessories such as locker rooms and showers.

(Ord. No. 1561, § 2, 10-25-82)

Editor's note— Ord. No. 2030, § 4, adopted Apr. 20, 1999 repealed in their entirety the provisions of § 26-685.24 which pertained to prohibition of outdoor activities for athletic clubs and derived from Ord. No. 1561, § 2, adopted Oct. 25, 1982.

(a)

Gymnasiums and athletic clubs may be established only in the zones as specified in section 26-597.

(b)

A conditional use permit shall be obtained prior to establishing a gymnasium or athletic club (as specified in article VI, division 3 of this chapter). The application shall include a precise plan (as specified in article VI, division 2).

(c)

The development standards of the zone in which this use is to be located shall apply (as specified in article X, division 3 of this chapter) unless this section specifically permits or prohibits otherwise.

(d)

Gymnasiums and athletic clubs:

(1)

The parking requirement for a gymnasium or athletic club shall be one (1) parking space for each one hundred (100) square feet of gross floor area (see definition). This requirement may be increased or decreased as determined by a parking study approved by the planning commission in conjunction with a conditional use permit.

(e)

Conditions of approval of a conditional use permit for gymnasiums and athletic clubs:

(1)

Review of the operation permitted by the conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of the use.

(2)

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

(3)

The conditional use permit may be revoked, amended and suspended by the planning commission under the provisions of section 26-253 of the West Covina Municipal Code.

(4)

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

(5)

Such other conditions as deemed by the planning commission to reasonably relate to the purpose of this division.

(Ord. No. 1561, § 2, 10-25-82; Ord. No. 2027, § 3, 2-16-99)

(a)

Purpose and interpretation. The intent of this section is to ensure that accessory dwelling units and junior accessory dwelling units remain as an accessory use to single-family and multifamily residential uses, that the structures on parcels are organized to accommodate an accessory dwelling unit and/or junior accessory dwelling unit, and that such dwelling units do not impact surrounding residents or the community. This division is intended to retain the maximum ability of the city to regulate accessory dwelling units and to comply with the requirements of state law.

(b)

Definitions.

(1)

The terms "accessory dwelling unit", "public transit", "passageway" and "tandem parking" all have the same meaning as that stated in Government Code section 65852.2 as that section may be amended time to time.

(2)

"Junior accessory dwelling unit" shall have same meaning as that stated in Government Code section 65852.22(h)(1) as that section may be amended time to time.

(c)

Occupancy. Except as otherwise provided by law (e.g., Government Code section 65852.26), accessory dwelling units and junior accessory dwelling units may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

( Ord. No. 2480, § 1, 4-20-21 ; Ord. No. 2500 , § 1, 7-19-22)

(a)

Accessory dwelling units are permitted only in areas zoned to allow multifamily and single family residential, subject to the issuance of a building permit. Any application for an accessory dwelling unit that meets the unit size standards and development standards contained in sections 26-685.32 or 26-685.33 of this division, or is the type of accessory dwelling unit described in section 26-685.34 of this division, shall be approved ministerially by the city by applying the standards herein and without a public hearing.

(b)

An application for an accessory dwelling unit permit shall be made by the owner of the parcel on which the primary unit sits and shall be filed with the city on a city-approved application form and subject to the established fee set by city council resolution as it may be amended from time to time.

(c)

Applications for accessory dwelling units shall conform to the requirements for, and shall obtain, a building permit consistent with the requirements of chapter 7 (Buildings and Building Regulations) of this Code.

( Ord. No. 2480, § 1, 4-20-21 ; Ord. No. 2500 , § 1, 7-19-22)

Except as otherwise provided in section 26-685.34 of this division, all accessory dwelling units shall not exceed the size standards listed below.

(1)

Attached accessory dwelling units. The maximum floor area of an attached accessory dwelling unit shall be the higher of:

a.

Eight hundred fifty (850) square feet for an accessory dwelling unit with zero (0) to one (1) bedrooms or one thousand (1,000) square feet for an accessory dwelling unit with two (2) or more bedrooms; or

b.

If there is an existing primary single-family dwelling, fifty percent (50%) of the square footage of the existing primary single family dwelling; or

c.

All properties developed with a residential use shall be allowed to construct at least an eight hundred (800)-square foot accessory dwelling unit with four (4)-foot side and rear setbacks; or

d.

Existing habitable and/or non-habitable areas may be converted into an attached accessory dwelling unit without any size and/or setback limitations.

(2)

Detached units. A detached accessory dwelling unit shall not have more than one thousand two hundred (1,200) square feet of living area.

(3)

Setback requirements.

a.

No setbacks are required for: either (i) those portions of accessory dwelling units that are created by converting existing living area or existing accessory structures to new accessory dwelling units or (ii) constructing new accessory dwelling units in the same location and to the same dimensions as an existing structure.

b.

For all other accessory dwelling units, there must be a minimum of four (4) feet of setbacks from side and rear lot lines and comply with all applicable front yard setbacks.

c.

The minimum required distance between a detached accessory dwelling unit and the primary dwelling unit, and all other structures, including garages, on the property, shall be ten (10) feet.

( Ord. No. 2480, § 1, 4-20-21 ; Ord. No. 2500 , § 1, 7-19-22)

Any permit for an accessory dwelling unit shall be subject to the development standards listed below.

(1)

Legal lot/residence. An accessory dwelling unit shall only be allowed on a lot within the city that contains a legal, single-family or multi-family residence as an existing or proposed primary unit on a lot.

(2)

Accessory dwelling units and junior accessory dwelling units are accessory to the primary use. Therefore, accessory dwelling units shall not be assigned an address separate from the primary dwelling unit, unless the accessory dwelling unit is accessory to a multi-family residential use.

(3)

Number of accessory dwelling units per lot.

a.

For lots with proposed or existing single-family residences, no more than one (1) accessory dwelling unit and one (1) junior accessory dwelling unit may be on the lot.

b.

For lots with existing multi-family residential dwellings:

1.

No more than twenty-five percent (25%) of the number of the existing units, but at least one (1) unit, shall be permitted as accessory dwelling units constructed within the non-livable space (e.g., storage rooms, boiler rooms, hallways, attics, basements, or garages) of the existing multifamily dwelling structure provided that applicable building codes are met; or

2.

No more than two (2) detached accessory dwelling units, provided that no such unit shall be more than sixteen (16) feet in height, and each such unit complies with front yard setbacks, and meets rear-yard and side yard setbacks of four (4) feet. No setback shall be required for an existing living area or accessory structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit when created within an existing structure. The maximum square footage of detached accessory dwelling units on lots with existing multi-family residential dwellings shall be limited to one thousand (1,000) square feet of living area per accessory dwelling unit.

(4)

Building code compliance. All new accessory dwelling units must comply with chapter 7 of this Code (Buildings and Building Regulations) and any other applicable provisions of the California Building Standards Code. However, fire sprinklers shall not be required if they are not required for the primary residence.

(5)

Utilities.

a.

All accessory dwelling units and junior accessory dwelling units must be connected to public utilities (or their equivalent), including water, electric, and sewer services. Accessory dwelling units and junior accessory dwelling units shall not have its own separate utility meter and shall share utility connections with the primary use.

b.

All accessory dwelling units and junior accessory dwelling units shall have adequate water supply and sewer service.

c.

No overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory dwelling unit or junior accessory dwelling unit. If existing overhead utility lines are to be relocated or otherwise modified to permit construction of an accessory unit, such lines shall be converted to underground services.

d.

The city may require the installation of a new or upgraded utility connection for a new accessory dwelling unit structure and/or the existing house to accommodate the additional burden of the proposed accessory dwelling unit on the existing utility infrastructure. The connection fee or capacity charge shall be proportionate to the burden of the proposed accessory dwelling unit based on either its square feet or number of drainage fixture unit values. New or upgraded utility connection shall not be required for existing structures converted into accessory dwelling units.

(6)

Parking.

a.

The city shall require the owner to provide one (1) parking space unless the accessory dwelling unit has no bedrooms (e.g., a studio), in which case no space is required. The required parking space shall have a minimum dimension of ten (10) feet in width and twenty (20) feet in depth. The required parking space may be provided as:

1.

Tandem parking on an existing driveway in a manner that does not encroach onto a public sidewalk and otherwise complies with city parking requirements; or

2.

Within a setback area or as tandem parking in locations determined feasible by the city for such use. Locations will be determined infeasible based upon specific site or regional topographical or fire and life safety conditions, or that such parking is not permitted anywhere else in the city.

b.

Notwithstanding the foregoing, no parking space shall be required for an accessory dwelling unit if:

1.

It is located within one-half (½) mile walking distance of public transit;

2.

It is located within an architecturally and historically significant district;

3.

It is part of a proposed or existing primary residence or accessory structure;

4.

When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or

5.

Where there is a car share vehicle located within one (1) block of the accessory dwelling unit.

c.

When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the off-street parking spaces do not have to be replaced.

(7)

Siting. Detached accessory dwelling units may not be located within the area between the front property line and the line parallel to, and touching, the back of the primary residence.

(8)

Exterior access. The entrance to an accessory dwelling unit shall be separate from the entrance to the primary dwelling unit.

(9)

Recorded covenants. Before obtaining a permit for an accessory dwelling unit, the property owner shall file with the county recorder a declaration or agreement of restrictions which has been approved by the city attorney as to its form and content, describing restrictions that allows for and the continued use of the accessory dwelling as follows:

a.

The accessory dwelling unit shall not be sold separately from the primary residence, except for instances allowed by Government Code section 65852.26;

b.

The accessory second unit is restricted to the maximum size allowed per the development standards set forth in this section;

c.

The restrictions shall be binding upon any successor in ownership of the property, and lack of compliance shall result in legal action against the property owner for noncompliance with the requirements for an accessory dwelling unit. In the event of violation, the property owner shall be responsible for all fees and penalties, as well as the city's enforcement costs.

(10)

Conversion of existing primary unit. An existing primary dwelling may be converted to an accessory dwelling unit if it complies with all applicable requirements of this division. If so, a new, larger primary residence may be constructed.

(11)

Design requirements for new units. All new accessory dwelling units must comply with the following design requirements:

a.

The exterior materials, colors, roof pitch and architecture shall match the primary unit.

b.

Accessory dwelling units shall not exceed sixteen (16) feet in height, unless the accessory dwelling unit is a conversion of an existing second floor area, a second-story addition to an existing residence, or is located on the second floor of a new two-story house.

1.

All second-story additions to an existing residence, and/or new two-story homes shall require the approval of an administrative use permit per section 26-270 of this Code.

2.

Exterior staircases serving second-floor accessory dwelling units shall not be located in between the side property line and the existing building.

c.

Lighting shall not be directed on to neighboring lots.

d.

Any attached accessory dwelling unit shall be attached to the living area of the primary dwelling unit by a common wall or floor/ceiling, and not simply by an attached breezeway, porch, or patio.

(12)

Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

( Ord. No. 2480, § 1, 4-20-21 ; Ord. No. 2500 , § 1, 7-19-22)

(a)

Accessory dwelling units shall be approved for the following types of accessory dwelling units, regardless of whether the applicant meets the development standards contained in this title. Accessory dwelling units and junior accessory dwelling units are accessory to the primary use. Therefore, accessory dwelling units and junior accessory dwelling units shall not be assigned an address separate from the primary dwelling unit, unless the accessory dwelling unit is accessory to a multi-family residential use.

(1)

For single family dwelling lots in residential zones, either:

a.

One (1) accessory dwelling unit and one (1) junior accessory dwelling unit per lot may be constructed. Each accessory dwelling unit and junior accessory dwelling unit must have exterior access and side and rear setbacks sufficient for fire safety and comply with all other setback requirements. If the unit is a junior accessory dwelling unit, it must also comply with the requirements of section 26-685.36 below; or

b.

One (1) detached, new construction, accessory dwelling unit with setbacks of at least four (4) feet from side and rear yards and in compliance with front yard setbacks, no more than eight hundred (800) square feet floor area, and a height not exceeding sixteen (16) feet on a lot with an existing or proposed single-family dwelling.

(2)

On a lot with an existing multi-family residential use:

a.

Accessory dwelling units may be constructed in areas that are not used as livable space within an existing multi-family dwelling structure (e.g., storage rooms, boiler rooms, passageways, attics, basements, or garages), provided the spaces meet state building standards for dwellings. The number of interior accessory dwelling units permitted on the lot shall not exceed twenty-five (25) percent of the current number of units of the multi-family complex on the lot and at least one (1) such unit shall be allowed; and

b.

Up to two (2) detached accessory dwelling units may be constructed, provided they are no taller than sixteen (16) feet, and they have at least four (4) feet of side and rear yard setbacks. Detached accessory dwelling units constructed pursuant to this subsection (b) shall not exceed one thousand (1,000) square feet in floor area per unit.

(b)

Accessory dwelling units approved under this section 26-685.34 shall not be rented for a term of 30 days or less.

(c)

Accessory dwelling units or junior accessory dwelling units approved under this section 26-685.34 shall not be required to correct legal nonconforming zoning conditions as a pre-condition to obtaining this authorization.

( Ord. No. 2480, § 1, 4-20-21 ; Ord. No. 2500 , § 1, 7-19-22)

In adopting these standards, the city recognizes that the approval of dwelling units may, in some instances, result in dwelling densities exceeding the maximum densities prescribed by the general plan. The city finds that this occurrence is consistent with the general plan, as dictated under state planning and zoning law applicable to accessory dwelling units.

( Ord. No. 2480, § 1, 4-20-21 ; Ord. No. 2500 , § 1, 7-19-22)

(a)

Purposes. This section provides standards for the establishment of junior accessory dwelling units. Junior accessory dwelling units will typically be smaller than an accessory dwelling unit, will be constructed within the walls of an existing or proposed single family residence and require owner occupancy in the single-family residence where the unit is located.

(b)

Size. A junior accessory dwelling unit shall not exceed five hundred (500) square feet in size.

(c)

Owner occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is not required if the owner is a governmental agency, land trust, or "housing organization" as that term is defined in Government Code section 65589.5(k)(2), as that section may be amended from time to time.

(d)

Sale prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel.

(e)

Short term rentals. The junior accessory dwelling unit shall not be rented for periods of thirty (30) days or less.

(f)

Location of junior accessory dwelling unit. A junior accessory dwelling unit shall be entirely within a single-family residence; an attached garage is considered a part of the residence.

(g)

Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, including a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(h)

Parking. No additional parking is required beyond that already required for the primary dwelling.

(i)

Fire protection; utility service. For the purposes of any fire or life protection ordinance or regulation or for the purposes of providing service for water, sewer, or power, a junior accessory dwelling unit shall not be considered a separate or new unit, unless the junior accessory dwelling unit was constructed in conjunction with a new single-family dwelling. No separate connection between the junior accessory dwelling unit and the utility shall be required for units created within a single-family dwelling, unless the junior accessory dwelling unit is being constructed in connection with a new single-family dwelling.

(j)

Deed restriction. Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall record a deed restriction in a form approved by the city that includes a prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, requires owner-occupancy consistent with subsection (c) above, does not permit rentals for periods thirty (30) days or shorter, and restricts the size and attributes of the junior dwelling unit to those that conform with this section.

( Ord. No. 2480, § 1, 4-20-21 ; Ord. No. 2500 , § 1, 7-19-22)

The purpose for this division is to serve the need of the public in regard to massage parlors and bathhouses while guaranteeing the adequacy of the site for the use and the protection of surrounding properties through consideration of physical treatment and compatibility with surrounding properties.

(Ord. No. 1631, § 1, 4-23-84; Ord. No. 2204, § 3(Exh. A), 2-16-10)

For the purposes of this division, unless the context clearly requires a different meaning, the definitions of "bathhouses" and "massage parlors" shall be as described in section 14-116 of this Code.

(Ord. No. 1631, § 1, 4-23-84; Ord. No. 2204, § 3(Exh. A), 2-16-10)

This division shall not apply to any uses or professions exempted by section 14-119 of this Code.

(Ord. No. 1631, § 1, 4-23-84; Ord. No. 2204, § 3(Exh. A), 2-16-10)

(a)

Massage parlors and bathhouses may be established only in the zones as specified in section 26-597.

(b)

A conditional use permit shall be obtained prior to establishing a massage parlor or bathhouse (as specified in article VI, division 3 of this chapter). The application shall include a precise plan (as specified in article VI, division 2).

(c)

The development standards of the zone in which this use is to be located shall apply (as specified in article X, division 3 of this chapter unless this section specifically permits or prohibits otherwise.

(d)

Special development requirements:

Parking required.

(1)

Two (2) stalls per massage parlor table plus two (2) stalls per hot tub; or

(2)

Four (4) stalls per hot tub if no massage service is offered; or

(3)

Such other parking requirements as deemed reasonable by the planning commission.

(e)

Conditions of approval of a conditional use permit for bathhouses or massage parlors:

(1)

Review of the operation permitted by the conditional use permit is required every six (6) months for a period of two (2) years, beginning on the date of the start of operation of the use.

(2)

The conditional use permit may be revoked, amended or suspended by the planning commission under the provisions of section 26-253 of the West Covina Municipal Code.

(3)

Licenses and permits as required by section 14-117 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use.

(4)

The use shall be conducted in compliance with all applicable requirements of article V of chapter 14 of the West Covina Municipal Code.

(5)

Such other conditions as deemed by the planning commission to reasonably relate to the purpose of this division.

(Ord. No. 1631, § 1, 4-23-84; Ord. No. 2204, § 3(Exh. A), 2-16-10)

(a)

Accessory massage service is allowed accessory to a primary use listed in section 14-119(b)(2).

(b)

An administrative review shall be obtained prior to establishing accessory massage and prior to issuance of business license and the start of operations.

(c)

A letter signed by the applicant for massage services requesting that the planning director approve massage services as an accessory use at the subject address. The letter should also include the following:

(1)

Applicant's full name, mailing address, and phone number (the applicant must be the same business owner of the primary business.

(2)

The proposed hours of operations for the massage services and hours of operation of the primary use.

(3)

A statement that massage services will not be permitted beyond the hours of operation of the primary use.

(4)

A statement that the proposed massage technician is strictly accessory to the primary use and will abide by all requirements of an accessory use, including permitting no exterior advertising relating to massage services.

(d)

A floor plan, drawn to scale, of the primary use indicating location of walls and entries and labeling the intended use of rooms. Specifically, show the following:

(1)

The location of the massage room and fixtures related to the business (sink, table, counter, bathroom shall be indicated on the floor plan).

(2)

No separate exterior entrance to the massage room. The path of travel to the massage room should be through the main entrance of the primary use.

(3)

The massage room and other areas devoted to the massage service shall not exceed ten (10) percent of the total business floor area.

(e)

A business license from the city treasurer's office is required.

(f)

Each individual massage technician shall comply with requirements of section 14-68 of the Municipal Code.

(Ord. No. 2204, § 3(Exh. A), 2-16-10)

The purpose for this division is to serve the need of the public for convenient and economical services to residents and business while guaranteeing the adequacy of the site for the use and the protection of surrounding properties.

(Ord. No. 1708, § 2, 1-13-86; Ord. No. 1957, § 2, 5-16-95)

(a)

For the purposes of this division, mobile services shall include specified commercial services that are rendered at residences or places of business, provided only in response to direct requests for such services. Mobile services shall be limited to those typically and customarily provided by stationary service businesses permitted in the commercial zones (not including the M-1 zone) of the city.

(b)

Mobile services shall not include services that, in the opinion of the planning director, would pose a negative impact upon nearby properties when provided.

(c)

Mobile services involving the maintenance of stationary property fixtures shall be exempt from the provisions of this division, notwithstanding that such services must comply with the provisions of Chapter 14 of the West Covina Municipal Code (Licenses and Business Regulations). These services shall include, but are not limited to, gardeners, pool maintenance, and building contractors.

(d)

Mobile food vendors requiring a business license permit, as stated in section 14-161, shall be allowed only in commercial and manufacturing zones. However, a mobile food vendor may conduct business on a property used or zoned for residential purposes during the construction or reconstruction of any structure on that property if the area actually being constructed or reconstructed consists of 2,500 square feet or greater in area. Such operation shall comply with the provisions of Chapter 14 of the West Covina Municipal Code (Licenses and Business Regulations).

(e)

The planning director shall be authorized to make determinations regarding the conformance of proposed mobile services with these stated criteria, provided, however, that the decision of the planning director may be appealed to the planning commission pursuant to the procedures of section 26-212 of this chapter.

(Ord. No. 1957, § 2, 5-16-85; Ord. No. 2196, § 3(Exh. A(5)), 9-1-09))

Editor's note— Ord. No. 1957, § 2, adopted May 16, 1995, repealed § 26-685.52 and added a new § 26-685.52. Former § 26-685.52 pertained to definitions, and derived from Ord. No. 1708, § 2, adopted January 13, 1986.

(a)

Mobile services provided at residences may be rendered only to the residents of the subject property. Mobile services provided at places of business may be rendered only to the owner or proprietor of the subject business, or to employees of the subject business with the consent of the owner or proprietor.

(b)

Mobile services may be provided only in response to direct request for such services, and may not be provided through "door-to-door" solicitation.

(c)

The total number of days that a service may be provided at a particular residence or place of business by a given mobile service operator shall be limited to a maximum of five (5) during any given thirty-day period.

(d)

Mobile services may be rendered only between the hours of 8:00 a.m. and 9:00 p.m., except as prohibited by noise regulations contained in Chapter 15 of the West Covina Municipal Code.

(e)

Mobile services shall be provided entirely within enclosed buildings, with the exceptions of the following services:

(1)

Auto repair and services provided at single-family residential properties, provided it occurs in conformance with section 26-391(l) of this chapter (including the prohibition of power tools after 8:00 p.m.), and further provided that oil, gasoline, and other flammable or hazardous materials are properly disposed of in accordance with environmental laws and regulations.

(2)

Auto repair and services provided at multiple-family residential properties, provided it occurs in conformance with section 26-436(l) of this chapter (including the prohibition of power tools after 8:00 p.m.), and further provided that oil, gasoline, and other flammable or hazardous materials are properly disposed of in accordance with environmental laws and regulations.

(3)

Services provided at residential properties, provided it occurs within a commercial service vehicle designed for the particular service provided.

(f)

Licenses and permits as required in Chapter 14 of the West Covina Municipal Code (Licenses and Business Regulations) must be obtained by operators of mobile services.

(g)

The planning director shall be authorized to make exceptions to these standards, based on extraordinary circumstances, provided that negative impacts are not created, provided, however, that the decision of the planning director may be appealed to the planning commission pursuant to the procedures of section 26-212 of this chapter.

(Ord. No. 1957, § 2, 5-16-95)

Editor's note— Ord. No. 1957, § 2, adopted May 16, 1995, repealed § 26-685.54 and added a new § 26-685.54. Former § 26-685.54 pertained to development standards and derived from Ord. No. 1708, adopted January 13, 1986.

Editor's note— Ord. No. 1957, § 2, adopted May 16, 1995, repealed former § 26-685.86. Former § 26-685.86 pertained to conditions of approval of conditional use permits, and derived from Ord. No. 1708, adopted January 13, 1986.

The purpose of this division is to address the critical statewide issue of diminishing landfill capacity. Consistent with the waste diversion goals and objectives adopted as part of the city's source reduction and recycling element, this division is intended to conserve, to the extent possible, remaining landfill capacities, by promoting an integrated waste management approach whereby each waste stream is handled in the most efficient and environmentally sound manner and providing the public with convenient recycling and/or disposal alternatives. This division further seeks to guarantee the adequacy of the site for the proposed use and ensure the protection of the surrounding properties through review and consideration of physical design and compatibility with surrounding properties.

(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 2213, § 2(Exh. A, § 11), 1-18-11; Ord. No. 2263, § 3(Exh. A, § 3), 8-18-14)

As used in this article, the following words and terms shall have the meanings respectively ascribed:

Composting means a method of waste treatment in which organic solid wastes are biologically decomposed under controlled, aerobic or anaerobic conditions.

Donation drop boxes means any metal, plastic, cardboard or wooden box, bin, container, trailer, accessory structure, or similar facility located outside of an enclosed building or in a parking lot or public place, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated items, including household goods and clothing. The term "donation drop box" does not include any such box located inside of a building or structure.

Materials recovery facility or MRF means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purpose of recycling or composting.

Recyclable material means reusable material, including, but not limited to, metals, glass, plastic and paper, which may be intended for reuse, remanufacture or reconstitution. Recyclable material does not include solid waste or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with sections 52250.11 and 25143.2(b)(4) of the California Health and Safety Code.

Recycle means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products and not intended for disposal.

Small collection facility as distinguished from a MRF means a facility for the collection and acceptance by donation, redemption of purchase of recyclable materials. As used herein, such a facility does not occupy an area of more than five hundred (500) square feet unless operated on the same site and in conjunction with a materials recovery facility or solid waste transfer station. A recycling center does not include storage containers or collection activity located on the premises of a residential, commercial, or manufacturing use and is used solely for the recycling of material generated by that residential property, business or manufacturer and not held out for public use.

Small collection facilities centers are further defined to include, but are not limited to, these following specific types:

(1)

Buy back recycling center means a recycling facility which pays a fee for the delivery and transfer of ownership to the facility of source separated materials for the purpose of recycling or composting.

(2)

Drop-off center means a facility which accepts delivery or transfer of ownership of source separated materials for the purpose of recycling or composting without paying a fee.

(3)

Reverse vending machine(s) means an automated mechanical device which accepts at least one (1) or more types of empty beverage containers, including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the state.

(4)

Bulk reverse vending machines means a reverse vending machine that is larger than fifty (50) square feet, is designed to accept more than one (1) container at a time, and will pay by weight instead of by container.

Solid waste means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid wastes.

Solid waste transfer or processing station or transfer station means a facility as defined and permitted under state law used by persons and route collection vehicles to deposit collected solid waste from off-site into a larger transfer vehicle including railroad cars for transport to a solid waste handling facility. Transfer station may also include material recovery facilities and recycling centers, except that permits shall be required only as required by state law.

Source separated material means the segregation, by the generator, of materials designated for separate collection for some form of materials recovery or special handling.

(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 2213, § 2(Exh. A, § 11), 1-18-11; Ord. No. 2263, § 3(Exh. A, § 3), 8-19-14)

No person or entity shall be permitted to place, construct, or operate a recycling center, materials recovery facility, and/or solid waste transfer station without first obtaining a permit pursuant to the provisions set forth in section 26-597 of this Code. This permit is in addition to and is intended to supplement that required by state law in order to protect local health, safety and welfare. Any business which wishes a land use permit must obtain a business license.

(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2213, § 2(Exh. A, § 11), 1-18-11; Ord. No. 2263, § 3(Exh. A, § 3), 8-19-14)

The following development standards, in addition to the requirements of the underlying zone, shall apply. Where the following code provisions are in conflict with others, the stricter requirements shall apply.

(1)

Small collection facility. Unless otherwise noted, the following requirements apply to all small collection facilities:

a.

The center shall be established in conjunction with an existing or planned commercial use, industrial use, or service facility (herein referred to as the "host use") which is in compliance with the zoning, building, and fire codes of the City of West Covina.

b.

The center shall be no larger than five hundred (500) square feet, and the placement of a small collection facility shall not create a parking deficit.

c.

The center shall be set back at least fifty (50) feet from a right-of-way line, unless deemed adequately screened by the planning director or planning commission and shall not obstruct pedestrian or vehicular circulation.

d.

No power-driven processing equipment except for reverse vending machines shall be employed.

e.

Containers shall be constructed and maintained with durable waterproof, leakproof and rustproof material, covered and locked when the center is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate the materials collected and the collection schedule.

f.

All recyclable material shall be stored in containers or in the mobile unit vehicle, and no materials shall be left outside of containers when attendant is not present.

g.

The facility shall be maintained free of vermin, litter and any other undesirable materials, and be swept at the end of each collection day and cleaned weekly.

h.

Noise levels shall not exceed sixty (60) dBA as measured at the property line of a residentially zoned or occupied site; otherwise, noise levels shall not exceed seventy (70) dBA.

i.

Attended facilities shall have a minimum distance of two hundred and fifty (250) feet of a site zoned or occupied for residential use. This minimum distance requirement does not need to be met if the facility is at least one hundred fifty (150) feet from a site zoned or occupied for residential use and is separated from that site by an arterial street.

j.

Attended facilities shall operate only during the hours between 8:00 a.m. and 7:00 p.m. on weekdays and 10:00 a.m. and 6:00 p.m. on weekends and holidays.

k.

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the containers.

l.

The facility shall not impair the landscaping required for any concurrent use.

m.

No additional parking spaces are required for customers of the recycling center when located in an established parking lot of the host use; one (1) space will be provided for the attendant, if needed.

n.

Small collection facility shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.

o.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

1.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation.

2.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility is in operation.

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

p.

If the permit expired without renewal, the recycling facility shall be removed from the site on the day following permit expiration.

q.

A twelve-inch by twelve-inch sign which states the redemption value offered shall be posted daily.

r.

The small collection facility shall be screened when determined by the review authority to reduce visibility impacts from off-site and main traffic areas on-site.

s.

Small collection facilities shall only be located on a property with a market that is greater than thirty thousand (30,000) twenty-five thousand (25,000) square feet in floor area.

(2)

Donation drop boxes. Unless otherwise noted, the following requirements apply to all donation drop boxes:

a.

Donation drop boxes must be attended by employee(s) per the schedule approved and posted on the site.

b.

Donation drop boxes shall be established in conjunction with an existing or planned commercial use, industrial use or service facility (herein referred to as the "host use") which is in compliance with the zoning, building, and fire codes of the City of West Covina.

c.

The drop box location shall be no larger than one thousand (1,000) square feet.

d.

The drop box shall be set back at least fifty (50) feet from a right-of-way line, unless deemed adequately screened by the planning director or planning commission, and shall not obstruct pedestrian or vehicular circulation.

e.

Donation drop boxes shall be constructed and maintained with durable waterproof, leakproof and rustproof material, covered and locked when the center is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate the materials collected and the collection schedule.

f.

All donated material shall be stored in the drop box and no materials shall be left outside of containers.

g.

The drop box shall be maintained free of vermin, litter and any other undesirable materials, and be swept at the end of each collection day and cleaned weekly.

h.

Noise levels shall not exceed sixty (60) dBA as measured at the property line of a residentially zoned or occupied site; otherwise, noise levels shall not exceed seventy (70) dBA.

i.

Donation drop boxes shall have a minimum distance of two hundred and fifty (250) feet of a site zoned or occupied for residential use.

j.

Donation drop boxes shall operate only during the hours between 8:00 a.m. and 9:00 p.m.

k.

An approved donation drop box shall be open and attended at least six (6) days of the week. If the donation drop box is open only six (6) days in a week, an attendant shall patrol the donation drop box on any day that the donation drop box is not open to clean up any discarded items within the site.

l.

Donation drop boxes shall be open at least six (6) hours a day on weekdays and four (4) hours a day on weekends.

m.

Donation drop boxes shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the containers.

n.

The facility shall not impair the landscaping required for any concurrent use.

o.

No additional parking spaces are required for customers of the donation drop box when located in an established parking lot of the host use; one (1) space will be provided for the attendant, if needed.

p.

Occupation of parking spaces by the facility and by the attendant may not reduce available parking spaces below the minimum number required for the primary use.

q.

Graffiti-resistant coatings shall be used on approved donation drop boxes to assist in deterring graffiti.

r.

If the permit expires, the donation drop box shall be removed by the owner of the donation drop box from the site on the day following permit expiration or when the business ceases. The provisions of the California Welfare and Institutions Code, section 150 et seq. are incorporated by reference here.

s.

This section does not apply to religious facilities or non-profit businesses which place and operate their own donation boxes on the property at which they operate.

(3)

Reverse vending machines.

a.

Provide and maintain a minimum illumination level of two-foot candles within a minimum twenty-five-foot radius around the reverse vending machines from dusk to dawn.

b.

Provide an eight-foot wide unobstructed clear walkway area in front of the reverse vending machines. Consideration may be given to alternative solutions such as recessing the machines into the building frontage of the adjacent lease space.

c.

The placement of the reverse vending machines shall not obstruct any portion of a storefront window or door and shall be placed immediately in front of or inset into, the facade of the building.

d.

Where practicable, the reverse vending machines shall be placed in location away from the most heavily traveled pedestrian areas within the vicinity of the store being served and in compliance with the other provisions of the WCMC.

e.

The machines shall be located within thirty (30) feet of a primary entrance to the commercial structure, and shall not obstruct pedestrian, handicapped or vehicular circulation. If a more suitable location presents itself as a result of the layout and/or architecture of the development, the planning director may approve a variation to the location.

f.

The machines shall not occupy parking spaces required by the primary use(s).

g.

The machines shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall not be more than eight (8) feet in height.

h.

The machines(s) shall be constructed and maintained with durable waterproof material.

i.

Reverse vending machines shall be clearly marked to identify the type of material to be deposited, operation instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.

j.

The machines shall be maintained in a clean, vermin free, and litter free condition on a daily basis. This shall include the cleaning of the machines and the surrounding walkways to reduce the discoloration, stickiness, and likelihood for attracting vermin. A cleaning schedule shall be submitted for approval via a planning director's modification to the approved precise plan for the site. Said cleaning schedule shall identify the tasks to be undertaken, and the frequency of those tasks.

k.

Operating hours shall be at least the operating hours of the primary host use.

l.

A twelve-inch by twelve-inch sign which states the redemption value offered shall be posted prominently on or adjacent to the machines.

m.

Reverse vending machines do not require additional parking spaces for recycling customers.

(4)

Material recycling facilities and solid waste transfer or processing stations. These requirements are minimum local land use requirements which supplement the requirements of state law permits. Additional requirements may be required through the conditional use permit process.

a.

Site location criteria.

1.

Said facilities shall not substantially increase vehicular traffic nor existing noise levels in adjacent residential areas on local residential streets or shall be mitigated.

2.

Said facilities shall not substantially lessen the usability and suitability of adjacent or nearby properties for their existing use.

3.

The site shall be served by an improved arterial street adequate in width and pavement type to carry the quantity and type of traffic generated by said use without significantly lowering the existing level of service of that arterial.

4.

The site shall be adequate in size and shape to accommodate said use, and to accommodate all yards, walls, vehicular stacking, parking, landscaping and other required improvements.

b.

Site development standards.

1.

All buildings, structures or improvements shall meet the setback requirements of the underlying zone. Setbacks may be used only for the following purposes:

Passage or temporary standing of automobiles

Landscape areas

Light poles and standards

2.

All waste unloading, loading, and processing equipment and activities shall be contained within an enclosed building with only sufficient openings for ingress/egress of vehicles and ventilation.

3.

Sufficient off-street parking shall be provided to accommodate all company, employee and visitor vehicles on-site.

4.

On-site truck stacking and maneuvering area shall be provided as necessary to accommodate the anticipated vehicular usage of the facility, depending on the size and nature of the facility. No truck stacking and maneuvering area shall be permitted within the required front and street side yard setback, and shall be completely screened by solid masonry walls not less than six (6) feet in height with appropriate landscaping and irrigation.

5.

Any leachate and other liquid flow that may result shall be contained on-site and disposed of through an on-site treatment and/or sewer system to a regular or industrial sewer. Such leachate must also be handled pursuant to the requirements of the integrated waste management board, regional water quality control board, and Los Angeles County Department of Health.

6.

Average noise levels shall not exceed seventy (70) dBA as measured at the property line of the facility in cases where any abutting nonresidentially zoned property is impacted, and sixty (60) dBA as measured at the property line of the facility in cases where any abutting residentially zoned property is impacted.

7.

Adequate safety features (e.g., sprinkler systems, alarm systems, materials screening program, emergency procedures) shall at a minimum be incorporated into the design of the facility.

8.

Adequate dust, odor and noise controls shall be incorporated into the facility to minimize generation and off site transmission of dust, odor and noise.

9.

All materials stored outside shall either be in processed bales or kept within storage bins constructed and maintained with durable waterproof, leakproof and rustproof material, covered and locked when the center is not attended, secured from unauthorized entry and removal of material, and of a capacity sufficient to accommodate the materials collected and the collection schedule.

10.

All lighting shall be focused and directed and so arranged as to prevent glare or direct illumination on streets or adjoining property.

11.

The lighting system shall be so designed to produce a minimum maintained average lighting level of one (1) footcandle on the entire facility's horizontal surface.

12.

If the MRF/transfer station facility is located within five hundred (500) feet of property occupied by residential use, operating hours of operation shall at a minimum be restricted to between 6:00 a.m. and 8:00 p.m., and the average noise levels during this time shall be in accordance with subsection (c)(2)f. above, except for indoor activities such as, but not limited to, dispatching of vehicles and administration. Said hours may be extended for some or all activities when appropriate mitigation measures and acceptable noise performance standards during these extended operating hours, as determined by the planning commission or planning director, are in place.

13.

All open areas, other than landscaped planter beds, shall be paved with not less than two and one-half (2½) inches of asphaltic concrete or an equivalent surface meeting the established standards and specifications of the engineering department, shall be graded and drained so as to adequately dispose of all surface water and shall be maintained in good repair at all times.

14.

No operating portion of the site shall be visible from public view. This requirement may at a minimum be satisfied by a solid masonry wall not less than six (6) feet in height, landscaping, existing topographic conditions, or a combination thereof.

15.

A minimum of twenty-foot wide planters shall be provided along all street frontages except for driveway openings.

16.

A daily cleaning program for floors, equipment and facility buildings and grounds and ongoing maintenance program shall be established to the approval of the West Covina Enforcement Waste Management Agency.

17.

Refuse shall be handled as quickly as possible to avoid long term exposure on-site.

18.

All incoming or outgoing trucks shall be completely enclosed or equipped with an impermeable tight-fitting cover to suppress odors and prevent spillage of materials.

19.

No waste, trash except for separated recyclables, shall be stored at the facility overnight for longer than twenty-four (24) hours, unless the facility is properly permitted to do so.

20.

Additional noise controls including use of the best available noise suppression and control technology shall be used if necessary to achieve the established noise control performance standards.

21.

The facility operator shall prepare and implement a noise monitoring and abatement program, which shall be approved by the city enforcement waste management agency. The program shall monitor noise levels at the property line of at a minimum of three (3) sensitive receptor locations within the potential impact zone of the project. If noise levels at these locations exceed performance standards the operator shall notify the city within twenty-four (24) hours and institute additional noise reduction measures to bring noise emanating from the facility into compliance with the standards within thirty (30) days or otherwise seek city approval for a time extension. Data from all noise monitoring activities are to be recorded and made available for review by the city upon request.

22.

The facility shall comply with Rule 402 of the South Coast Air Quality Management District.

23.

Upon detection, extremely odorous loads entering the MRF shall be transferred as soon as possible.

24.

When necessary, the MRF operator shall treat wastes in the MRF with odor suppressants to comply with the baseline odor standards. A certified industrial hygienist shall establish baseline indoor odor standards and perform quarterly inspections to monitor odor levels.

25.

Additional odor controls, including the base available odor suppression technology, shall be used if necessary to minimize the release of fugitive odors.

26.

The facility operator shall prepare and implement an odor monitoring and abatement program, which shall be approved by the West Covina Enforcement Waste Management Agency. The program shall ensure that odor levels within the facility are kept within the baseline odor standards and that odors emanating from the facility shall not exceed the odor detection thresholds at the facility's boundary line. The program shall use the services of a certified industrial hygienist to monitor odor levels on a quarterly basis, both within the facility and at a minimum of three (3) sensitive receptor locations within the potential impact zone of the project. If odor levels at these monitoring locations exceed the odor detection thresholds, the operator shall notify the city within twenty-four (24) hours and institute additional odor reduction measures to meet the specified odor performance standards. The facility operator shall bring the odor level into compliance with the baseline odor standards within thirty (30) days, or shall otherwise request an extension of time from the city in order to reach compliance. Data from all odor monitoring activities are to be recorded and made available for review by the city upon request.

c.

Load inspection program. All material recovery facilities, solid waste transfer stations or other solid waste management facilities will be required to institute a load inspection program (LIP) as part of their daily operations. The requirements for the LIP are as follows: The facility operator shall prepare and implement a program for screening loads at the facility gate house, and for checking loads at the facility building(s) and areas of operation. The load inspection program shall include inspection for hazardous wastes and other ineligible wastes, and shall include procedures for their handling and disposal.

Specifies of the program will be submitted to the city in a written report for their review and comment. The program shall be approved by the West Covina Enforcement Waste Management Agency.

(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2014, § 2, 4-21-98; Ord. No. 2213, § 2(Exh. A, § 11), 1-18-11; Ord. No. 2263, § 3(Exh. A, § 3), 8-19-14; Ord. No. 2460, § 1, 6-4-19)

(a)

Reverse vending machines shall have a sign area of a maximum of two (2) square feet per machine, exclusive of operating instructions.

(b)

Recycling centers may have signage provided as follows:

(1)

Identification signs with a maximum of sixteen (16) square feet, in addition to informational signs required by section 26-685.96.

(2)

The signs must be consistent with the architectural style and character of the host use.

(3)

Directional signs, bearing no advertising message, may be installed on the site with the approval of the planning director, if deemed to be necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

(c)

Materials recovery facilities and solid waste transfer or processing stations shall have signs as provided for the zone in which they are located.

(Ord. No. 1759, 11-27-87; Ord. No. 1902, § 2, 6-2-92; Ord. No. 2213, § 2(Exh. A, § 11), 1-18-11; Ord. No. 2263, § 3(Exh. A, § 3), 8-19-14)

The purpose of this division is to provide conditions for the establishment of commercial uses that serve and/or sell alcohol (retail on-sale and off-sale licenses) and to do so in accordance with certain requirements designed to ensure compatibility of such services with surrounding commercial and residential development, to not create any undue concentration of such licenses, and to not create any adverse effect on the health and welfare of the community.

(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2121, § 2, 10-19-04; Ord. No. 2320, § 4(Exh. A), 9-5-17)

(a)

Bona fide eating place means or is an eating place as defined in Section 23038 of the California Business and Professions Code.

(b)

Major hotel or major motel means or is a hotel or motel as defined in section 26-63 of the West Covina Municipal Code that has a minimum of one hundred (100) rooms or suites, and has conference rooms, banquet rooms or ballrooms available for hire by the public.

(c)

Areas of undue concentration is a census tract (as defined by the United States Census Bureau) where an undue concentration in the number of alcohol licenses exists as determined by the department of alcoholic beverage control (ABC).

(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2121, § 2, 10-19-04; Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2313, § 1(Exh. A), 3-7-17; Ord. No. 2320, § 4(Exh. A), 9-5-17)

An administrative use permit is required in specified commercial and manufacturing zones for any business that sells alcohol for off-site consumption.

(Ord. No. 2121, § 2, 10-19-04; Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2320, § 4(Exh. A), 9-5-17)

On-site instructional tasting events at for off-sale premises may be established as follows:

(1)

A conditional use permit is required for businesses which offer instructional tasting events.

(2)

Conditional use permits for instructional tasting may only be granted to businesses with an active off-sale liquor license from the department of alcoholic beverage control (ABC).

(Ord. No. 2313, § 2(Exh. A), 3-7-17)

Alcohol service (on-sale licenses) may be established in conjunction with the following uses, only in the zones specified in section 26-597, with the approval of a conditional use permit:

(1)

Clubs, lodge halls, and similar facilities as defined in section 23428.9 of the California Business and Professions Code;

(2)

Main use billiard parlor with a kitchen and dining area as specified in division 8 of this article; or

(3)

Major motel or a major hotel as defined in this division.

(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2121, § 2, 10-19-04; Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2320, § 4(Exh. A), 9-5-17)

Alcohol service (on-sale licenses) may be established in conjunction with the following uses, only in the zones specified in section 26-597, with the approval of an administrative use permit:

(1)

Bona fide eating place as defined in section 23038 of the California Business and Professions Code.

(Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2320, § 4(Exh. A), 9-5-17)

(a)

When any of the following is proposed in conjunction with an existing on-sale or off-sale alcohol use, additional permit requirements shall apply as set forth in subsections (b) through (c) below:

(1)

Any increase in gross floor area for businesses that sell alcohol for on-site and off-site consumption;

(2)

A change in the type of license issued by the state department of alcoholic beverage control (ABC); or

(3)

The license issued by the state department of alcoholic beverage control has lapsed, been suspended or revoked, or has otherwise become null and void and application is made for reinstatement of the license or issuance of a new license.

(b)

For a legal nonconforming use (no existing administrative use permit or conditional use permit), an administrative use permit shall be required, provided that the existing use is permitted pursuant to section 26-597. All provisions of article V of this chapter (nonconforming buildings and uses) shall apply and shall not be superseded by this section.

(c)

For a conforming use with a valid administrative use permit, an amendment to the existing administrative use permit shall be required pursuant to the procedures set forth in section 16-271(a). For a nonconforming use with a valid conditional use permit, an amendment to the existing conditional use permit shall be required pursuant to the procedures set forth in section 26-251(a) (planning commission hearing required).

(Ord. No. 2121, § 2, 10-19-04; Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2320, § 4(Exh. A), 9-5-17)

The granting of a new or amended conditional use permit or administrative use permit for an on-sale or off-sale alcohol use shall require the following finding in addition to the findings contained in sections 26-247 and 26-270:

(1)

The proposed operational characteristics of the use and its proximity to residences, parks, schools, preschools, day care facilities, and religious facilities, will not create any undue adverse impacts on those uses or otherwise be detrimental to the public health, safety, and welfare.

(Ord. No. 2121, § 2, 10-19-04; Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2320, § 4(Exh. A), 9-5-17)

(a)

Conditional use permit conditions.

(1)

The conditional use permit may be revoked, amended and suspended by the planning commission under the provisions of section 26-253 of the West Covina Municipal Code.

(2)

Licenses and permits as required by Chapter 14 or any other provision of the West Covina Municipal Code or applicable law shall be obtained prior to the start of the operation of the use.

(3)

Such other conditions as are deemed necessary by the planning commission to protect the public health, safety, and general welfare of the community, such as but not mandatory or limited to:

a.

Regulating the hours of operation of the entire business.

b.

Requiring special security measures, including but not limited to security guards, additional lighting, burglar alarms, video surveillance.

(4)

The planning director shall be authorized to send a letter to the state department of alcoholic beverage control determining that by virtue of approval of a conditional use permit that the finding of public convenience or necessity has been satisfied.

(b)

Administrative use permit conditions.

(1)

The planning director shall be authorized to send a letter to the state department of alcoholic beverage control determining that by virtue of approval of an administrative use permit the finding of public convenience or necessity has been satisfied.

(2)

The administrative use permit may be revoked, amended and suspended by the planning commission under the provisions of section 26-273 of the West Covina Municipal Code.

(3)

All licenses and permits as required by Chapter 14 or any other provision of the West Covina Municipal Code or applicable law shall be obtained prior to the start of the operation of the use.

(4)

Such other conditions as are deemed necessary by the planning director to protect the public health, safety, and general welfare of the community, such as but not mandatory or limited to:

a.

Regulating the hours of operation of the entire business.

b.

Requiring special security measures, including but not limited to security guards, additional lighting, burglar alarms, and video surveillance.

(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2030, § 4, 4-20-99; Ord. No. 2121, § 2, 10-19-04; Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2320, § 4(Exh. A), 9-5-17)

(a)

The location of the "defined area" shall be the only place in the building for serving alcoholic beverages, as shown on Study Plan "A," shall not be changed without a revision of this conditional use permit. The defined area shall be enclosed by walls or theater-type stanchions and cordons to the point that entry/exit openings are defined well enough to monitor people going in or out.

(b)

No person under twenty-one (21) years shall be permitted in the defined area at any time. The defined area shall have signs posted to that effect.

(c)

Such other conditions as are deemed by the planning commission to reasonably relate to the purpose of this division.

(Ord. No. 1769, § 2, 2-22-88; Ord. No. 1933, § 1(Amd. 258, Exh. 1), 4-5-94; Ord. No. 2121, § 2, 10-19-04; Ord. No. 2204, § 3(Exh. A), 2-16-10; Ord. No. 2320, § 4(Exh. A), 9-5-17)

(a)

Instructional tasting shall comply with California State Law and all regulations of the department of alcoholic beverage control (ABC).

(b)

The floor area devoted to instructional tasting events shall be limited to five hundred (500) square feet or fifteen (15) percent of total floor area, whichever is less.

(c)

An instructional tasting event shall be limited to a single type of alcoholic beverage. "Type of alcoholic beverage" shall mean distilled spirits, wine, or beer.

(d)

A single tasting of distilled spirits shall not exceed one-fourth of one (1) ounce and a single tasting of wine shall not exceed one (1) ounce. No more than three (3) tastings of distilled spirits or wine shall be provided to any person on any day. The tasting of beer is limited to eight (8) ounces of beer per person per day. The wine, beer, or distilled spirits tasted shall be limited to the products that are authorized to be sold by the holder of the type 86 license under its requisite off-sale license.

(e)

The planning commission may limit the number of tasting events as a condition of approval.

(Ord. No. 2313, § 3(Exh. A), 3-7-17)

This division sets forth a uniform and comprehensive set of development standards for the placement, design, installation and maintenance of wireless telecommunication facilities within all land-use zones of the city. The purpose of these regulations is to ensure that all wireless telecommunication facilities are consistent with the health, safety, and aesthetic objectives of the city, while not unduly restricting the development of needed telecommunications facilities.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97)

Unless otherwise exempt by this division, the regulations set forth herein shall apply to wireless telecommunication facilities within the city.

(Ord. No. 1991, § § 1, 2(Amd. 275, Exh. A), 4-1-97)

For the purposes of this division, the following definitions shall apply:

(1)

Amateur and/or citizen band antenna shall mean any antenna used for the operation of amateur and/or citizen band radio stations and which is licensed by the Federal Communications Commission.

(2)

Antenna shall mean any system of wires, poles, rods, reflecting discs, or similar devices of various sizes, materials and shapes including but not limited to solid or wire-mesh dish, horn, spherical, or bar configured arrangements, used for the transmission or reception of electromagnetic signals.

(3)

Antenna, building-mounted shall mean any antenna, other than an antenna with its supports resting on the ground, that is directly attached or affixed to the fascia or side wall of a building or structure.

(4)

Antenna, ground-mounted shall mean any antenna which is attached or affixed to a free-standing wireless facility with its base placed directly on the ground, specifically including, but not limited to, monopoles and faux trees.

(5)

Antenna, roof-mounted shall mean any antenna, other than an antenna with its supports resting on the ground, that is directly attached or affixed to the roof of a building or a mechanical penthouse or parapet enclosure wall which is located on the rooftop of a building.

(6)

Antenna height shall mean, when referring to any free-standing wireless facility, the distance measured from ground level to the highest point on the support structure, including antennas measured at their highest point.

(7)

Co-location shall mean the placement of antennas, dishes, or similar devices owned or used by two (2) or more telecommunication providers on one (1) antenna support structure, building, or structure.

(8)

Direct broadcast satellite service (DBS) shall mean a system in which signals are transmitted directly from a satellite to a small (not exceeding twenty-one (21) inches in diameter) receiving dish antenna.

(9)

FCC shall mean an abbreviation which refers to the Federal Communications Commission.

(10)

Free-standing wireless facility shall mean any free-standing mast, monopole, tripod or tower utilized for the purpose of supporting an antenna(s). A free-standing wireless facility may be designed to resemble a tree, clock tower, light pole or similar alternative-design mounting structure that camouflages or conceals the presence of an antenna(s).

(11)

Radiofrequency emissions (RF) shall mean the electromagnetic signals transmitted and received using wireless telecommunication antennas.

(12)

Reception window shall mean the area within the direct line between a landbased antenna and an orbiting satellite.

(13)

Obstruction-free reception window shall mean the absence of manmade or natural physical barriers that would block the signal between a satellite and an antenna.

(14)

Wireless telecommunication facility shall mean a mechanical device, land and/or structure that is used to transmit and/or receive electromagnetic signals, including but not limited to antennas, microwave dishes, horn, and other types of equipment for the transmission or receipt of such signals, free-standing wireless facilities, equipment buildings or cabinets, parking areas, and other accessory development.

(15)

Wireless telecommunications facilities master plan shall mean a narrative and graphic representation of all existing and future wireless telecommunication facilities within the city for one (1) wireless communication provider or applicant.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

The regulations of this division do not apply to the following:

(1)

Single ground-mounted, building- mounted, or roof-mounted receive- only AM/FM radio or television antennas, DBS dish antennas, amateur and/or citizens band radio antennas, for the sole use of the occupant of the parcel on which the antenna is located.

(2)

Wireless telecommunications facilities owned and operated by the city or other public agency when used for emergency response services, public utilities, operations, and maintenance.

(3)

This exemption does not apply to free-standing or roof-mounted satellite dish antennas greater than twenty-one (21) inches in diameter.

(4)

Wireless telecommunication facilities located in the public right-of-way, which are regulated under article XII (Special Regulations for Unique Uses), division 29 (Wireless Telecommunication Facilities in the Public Right-of-Way) of this chapter.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2470, § 5, 5-19-20 )

(a)

No wireless telecommunication facilities are permitted in residential zones except for the following:

(1)

Wireless telecommunication facilities listed under section 26-685.983(1) and (2).

(2)

Wireless telecommunication facilities located in the public right-of-way, which are regulated under article XII (Special Regulations for Unique Uses), division 29 (Wireless Telecommunication Facilities in the Public Right-of-Way) of this chapter.

(3)

Wireless telecommunication facilities located in residential zones that are developed with permitted nonresidential uses.

(4)

Wireless telecommunication facilities consisting of roof-mounted antennas located on multiple-family residential buildings.

(b)

Antennas with a solid or wire-mesh surface with a diameter or maximum width greater than twelve (12) feet are prohibited in residential zones.

(b)

Antennas with a solid or wire-mesh surface with a diameter or maximum width greater than twelve (12) feet are prohibited in residential zones.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2470, § 6, 5-19-20 )

(a)

The following types of wireless telecommunications facilities shall be permitted subject to approval of an administrative use permit pursuant to division 5, article VI of this chapter:

(1)

New building-and roof-mounted antenna facilities.

(2)

Other forms of wireless telecommunication facilities not specifically addressed within this division which are designed to integrate with the supporting building or structure and pose minimal visual impacts similar to building and roof-mounted antenna facilities, as determined by the planning director.

(b)

Review by planning commission. The planning director may elect to not rule on a request for an administrative use permit and transfer the matter to the planning commission, to be heard within thirty (30) days from the date this election by the planning director is provided in writing to the applicant.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97)

Wireless telecommunication facilities consisting of free-standing wireless facilities shall be permitted subject to approval of a conditional use permit pursuant to division 3, article VI of this chapter.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

(a)

Additions or modifications to existing wireless telecommunication facilities which meet all of the following criteria shall be permitted subject to approval by the planning director pursuant to section 2-251(b) and section 26-271:

(1)

The overall height of the free-standing wireless facility is not increased.

(2)

No ancillary features are added to the monopole other than the antennas, required safety equipment, and accessory equipment enclosures.

(3)

All conditions of approval for the previous facility have been met.

(4)

No required parking stalls are eliminated in conjunction with the placement of the additional accessory equipment.

(5)

The addition or modification is designed to minimize visual impacts, to the extent possible.

(b)

Additions or modifications to existing wireless telecommunication facilities which do not meet all of the above criteria shall be permitted subject to the approval of conditional use permit pursuant to division 3, article VI of this chapter.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

All wireless telecommunication facilities regulated under this division shall comply with the following development standards:

(a)

Site selection.

(1)

City-owned properties shall be considered before privately-owned properties where wireless telecommunication facilities are permitted.

(b)

Location on property.

(1)

Free-standing wireless facilities or roof-mounted satellite dishes greater than twenty-one (21) inches in diameter and located in residential zones.

a.

No free-standing wireless facilities shall be permitted in the required side yard or front yard.

b.

No free-standing wireless facilities shall be permitted within five (5) feet of the rear property line.

c.

No antennas consisting of a solid or wire-mesh surface shall be permitted on the roof.

(2)

Nonresidential zones (including wireless telecommunication facilities located in residential zones which are developed with permitted nonresidential uses).

a.

No free-standing wireless facilities shall be permitted in the required front or street side yards of the underlying zone.

b.

No free-standing wireless facilities shall be permitted within one hundred (100) feet of surrounding single- or multi-family residences. This distance shall be determined by measuring from the free-standing wireless facility to the nearest property line of the single- or multi-family residence.

c.

No free-standing wireless facilities shall be permitted in a required parking space or driveway.

d.

Free-standing wireless facilities shall be located to the extent feasible to the rear of all existing buildings on the property.

(c)

Height restrictions.

(1)

No free-standing wireless facilities shall exceed sixty (60) feet in height measured from the average finished grade of the subject site, except as otherwise approved under section 26-685.990.

(2)

No roof-mounted antennas shall exceed twenty (20) feet above the peak of the roof (excluding the height of mechanical penthouses and parapets).

(3)

In addition to the maximum height limits stated above, free-standing wireless facilities shall be designed at the minimum functional height.

a.

In the event that the city needs assistance in understanding the technical aspects of a particular proposal, the services of a communications consultant may be required to determine the engineering or screening requirements of establishing a specific wireless telecommunication facility. This service will be provided at the applicant's expense.

(d)

Noise.

(1)

No portion of a wireless telecommunications facility, including, but not limited to, emergency generators, shall violate the city's noise ordinance at any time.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

All wireless telecommunication facilities regulated under this division shall comply with the following design standards:

(a)

All wireless telecommunication facilities.

(1)

Accessory support facilities, such as electrical cabinets and equipment buildings shall be placed within an interior space of the existing building, within a landscaped planter within the existing parking lot, or on the rooftop of the subject building. Support facilities shall be designed to match the architecture of adjacent buildings and/or screened from public view by wall, fences, parapets, landscaping, and similar treatments. All security fences shall not be less than six (6) feet in height and shall be constructed of a material such as block wall or wrought iron. Chain link fencing and barbed wire are prohibited, unless specifically approved by the hearing body in cases where the free-standing wireless facility and equipment is not visible from the public view.

(2)

Antenna surfaces and free-standing wireless facilities shall not be painted shiny or bright colors and shall be treated so as not to reflect glare from sunlight.

(3)

No signage or lighting shall be incorporated into or attached to any antenna or free-standing wireless facility, except to indicate danger.

(4)

The smallest size antenna panels feasible shall be used at each facility.

(5)

All wireless telecommunication facilities shall be installed with signage including the RF hazard warning symbol identified within FCC regulations, to notify persons that the facility could cause exposure to RF emissions.

(6)

Once the appropriate entitlement has been obtained, wireless facility providers shall obtain a business license from the city, pursuant to section 14-18 of the Municipal Code.

(7)

Any lighting installed in the equipment area shall be located to illuminate only the equipment area and shall not illuminate areas outside the equipment area or create off-site glare. Light fixtures shall be low wattage, hooded and directed downward.

(b)

Building and roof-mounted antennas.

(1)

Building-mounted and roof-mounted antennas shall be screened from view under most circumstances, unless the antennas would not otherwise be visible to adjacent properties and/or public rights-of-way. The screening shall consist of parapets, walls, fencing, existing roof pitch, or similar architectural elements provided that it is painted and textured to integrate with architecture of the existing building.

(2)

Antennas shall be mounted on the parapet, penthouse wall, or building facade unless the antennas are not visible to adjacent properties and/or public rights-of-way. Building-mounted antennas shall be painted or otherwise architecturally integrated to match the existing building.

(c)

Free-standing wireless facilities.

(1)

Free-standing wireless facilities shall be located a minimum of one-half mile from any other free-standing wireless facility, except as otherwise approved under section 26-685.990.

(2)

All free-standing wireless facilities shall be stealthed to eliminate or substantially reduce their visual and aesthetic impacts from the surrounding public rights-of-way and adjacent properties. For example, if a grove of palm trees exists at a proposed antenna site, then a manmade tree (monopalm) shall be used. If antennas are proposed to be located within the city's regional entertainment/shopping districts, antennas shall be concealed within signs, clock towers, or similar structures that are compatible with the surrounding land uses.

(3)

Free-standing wireless facilities designed as faux trees.

a.

Free-standing wireless facilities designed as faux trees shall bear a realistic resemblance to the type of tree that it is designed after to the greatest extent possible, with emphasis on features including branches, fronds, leaves, needles, bulb diameter, trunk shape and trunk diameter.

b.

The maximum branch/frond density and length shall be used to the greatest extent possible for antenna stealthing purposes.

c.

All cellular antennas mounted to a faux tree (except mono-palms) shall have "sock covers" installed over each antenna to simulate tree branches/leaves/needles, etc. for additional stealthing.

(4)

Accessory support facilities (e.g., equipment cabinets) used in conjunction with a free-standing wireless facility shall be located in an underground vault when located on City-owned property, including open space, park facilities, fire stations and City Hall, unless approved by the Hearing Body.

(d)

Revisions or co-locations to existing free-standing wireless facilities.

(1)

Any technological stealthing improvements or upgrades that can be made to an existing wireless telecommunication facility shall be made upon the modification or expansion (e.g., co-location) of the existing facility, including accessory support facilities (e.g., equipment cabinets).

a.

Antenna arrays shall be enclosed with pine needle socks or similar type sleeves for faux tree facilities.

b.

No portion of the antenna arrays shall extend beyond the branch line.

c.

Landscaping shall be upgraded to provide screening for any additional equipment or enclosures.

d.

All electrical wires shall be protected in conduit and shall be located underground or fixed to the ground or structure.

e.

New equipment enclosures shall be designed to be consistent in appearance with existing equipment enclosures.

f.

The co-location antenna(s) shall be designed to be consistent in appearance with the existing antenna(s) and structure.

(e)

Free-standing or roof-mounted satellite dishes consisting of a solid or wire-mesh surface greater than twenty-one (21) inches in diameter and located in residential zones.

(1)

Satellite dishes shall be seventy-five (75) percent screened when viewed from ground level from any adjacent public rights-of-way, parks, schools, or residentially zoned properties. Such screening shall consist of either six (6) foot solid fencing or block walls, including the existing perimeter fence/wall on the site, landscaping or any combination thereof. Required screening around the antenna shall achieve its screening effect of seventy-five (75) percent in height and mass within sixty (60) days of installation. Specimen-size plants may be required to satisfy this requirement. In the case of a roof-mounted installation, such screening may incorporate features of the existing roof (e.g., a parapet, the slope of a pitched roof), landscaping, or fencing which is compatible with the design and material of the existing development on the site.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

Deviation from the height requirements and minimum distance between free-standing wireless facilities by not more than twenty (20) percent may be granted by the planning director or planning commission if one (1) or more of the following findings is made based on evidence submitted by the applicant:

(1)

None of the permitted locations or height restrictions for free-standing wireless facilities provide for an obstruction-free reception window of said antenna as per blockage by the primary on-site structure or off-site buildings and trees of abutting properties; and/or

(2)

Existing natural geographic conditions preclude an obstruction-free reception window.

(3)

The relief from the development standards results in a more appropriate design which minimizes the visual impact of the facility.

(4)

In order to accommodate the establishment of a co-located facility, the antenna height of the facility must be increased.

(5)

The visual impacts of locating free-standing wireless facilities closer than one-quarter (¼ mile to one another is negligible because the facility is designed to architecturally integrate with the surrounding environment.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

(a)

All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the City of West Covina Municipal Code Chapter 7 (Buildings and Building Regulations), the Uniform Building Code, National Electric Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Fire Code, and the manufacturer's structural specifications.

(b)

All antennas shall be permanently and properly grounded for protection against a direct strike of lightning, with an adequate ground wire as specified by the electrical code.

(c)

All electrical wires (excluding those wires covered in co-axial cables) connected from the electrical cabinets to the antennas or antenna support structure shall be protected in conduit, which shall be undergrounded or fixed to the ground and/or building.

(d)

Prior to the issuance of a certificate of occupancy for any wireless telecommunication facility, the project applicant shall submit a radio frequency radiation (RFR) field measurement study which verifies compliance with FCC emission standards to the planning director. The study shall be accompanied by a report written to be easily understood by a lay person which describes compliance with these standards.

(e)

Prior to the issuance of a certificate of occupancy for any building-or roof-mounted wireless telecommunication facility, a disclosure notice approved by the planning director shall be mailed to the manager or property management company of the building on which the facility is installed.

(f)

All wireless telecommunication facilities shall comply at all times with all FCC regulations, rules, and standards.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97)

(a)

The wireless telecommunication provider and/or property owner shall be responsible for maintaining the facility in an appropriate manner, which includes, but is not limited to, the following: Regular cleaning of the facility, graffiti abatement, periodic repainting of antennas, free-standing wireless facilities, rooftop screen enclosures, accessory equipment walls and fences as needed, keeping debris and other similar items cleared from the antenna area, and regular landscape maintenance.

(1)

Landscaping maintenance.

a.

All trees, foliage and other landscaping elements on a wireless telecommunication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead or decayed landscaping. Modifications to the landscape plan shall be submitted for approval to the planning department.

(2)

Lighting.

a.

Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable Federal Law or FCC rules. Lighting shall be maintained in good condition at all times, including any shielding to reduce light impacts to neighboring properties.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

(a)

As requested by the planning director, all wireless telecommunication providers shall submit a certification attested to by a licensed engineer expert in the field of RF emissions, that the facilities are and have been operated within the then current applicable FCC standards for RF emissions.

(b)

Any wireless telecommunication facilities operated and/or maintained in violation of FCC emission standards shall be subject to permit revocation by the planning commission under section 26-253.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97)

In the event that a wireless telecommunication facility changes ownership, change of ownership notification must be posted on-site within sixty (60) days of the ownership change. The ownership and contact information shall be posted on site, on the wireless facility or the equipment.

(Ord. No. 2214, § 3(Exh. A), 2-1-11)

Note— See editor's note following § 26-685.995.

(a)

The provider and/or property owner shall be required to remove the facility and all associated equipment and restore the property to its original condition within ninety (90) days after the abandonment, expiration, or termination of the conditional use permit or administrative use permit.

(b)

The provider shall notify the city of its intent to remove the wireless telecommunications facility at least thirty (30) days prior to implementation.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

Editor's note— Ord. No. 2214, § 3(Exh. A), adopted Feb. 1, 2011, renumbered § 26-685.994 as § 26-685.995 and enacted new provisions to read as § 26-685.994. See Code Comparative Table for deivation.

Notwithstanding, the city may add conditions after issuance of the conditional use permit or other permit if necessary to advance a legitimate governmental interest related to health, safety, or welfare; provided, however, that no one condition by itself may impose a substantial expense or deprive the applicant or provider of a substantial revenue source. Any condition relating to technological changes shall comply with applicable Federal Communications Commission (FCC) and Public Utilities Commission (PUC) standards.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

Editor's note— Ord. No. 2214, § 3(Exh. A), adopted Feb. 1, 2011, renumbered § 26-685.995 as § 26-685.996. See Code Comparative Table for deivation.

In addition to the submittal application requirements pursuant to division 1, article VI of this chapter, the following information shall also be provided:

(1)

All wireless telecommunication providers shall submit a wireless telecommunication master plan for city review and approval. Providers who operate and maintain existing antenna facilities shall submit this master plan for review and approval within one (1) year of the effective date of this division or concurrent with a request to modify or alter an existing facility, or for the placement and installation of a new antenna facility, whichever is sooner. Proprietary information, when so designated, will not be available for public review.

(2)

A "justification study" shall be submitted from each wireless telecommunication applicant indicating the rationale for selection of the proposed site in view of the relative merits of any feasible alternative site within the service area. This study shall also include the applicant's approved master plan which indicates the proposed site in relation to the provider's existing and proposed network of sites within the city and surrounding areas. For modifications or alterations to existing facilities, the applicant may be required to submit a "justification study" limited to the need to modify, alter, or expand the facility.

(3)

All wireless telecommunication applicants shall submit a "co-location study." This study shall examine the potential for co-location at an existing or a new site. A good faith effort in achieving co-location shall be required of all applicants. Applicants which propose facilities which are not co-located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co-location.

(4)

All wireless telecommunication applicants shall provide a visual analysis, including photographic simulations, to ensure visual and architectural compatibility with surrounding structures.

(5)

Other relevant information requested by the planning director or his/her authorized representative.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

Editor's note— Ord. No. 2214, § 3(Exh. A), adopted Feb. 1, 2011, renumbered § 26-685.996 as § 26-685.997. See Code Comparative Table for deivation.

In addition to the findings for approval required pursuant to section 26-247 (conditional use permits), the following findings shall also be met:

(1)

The facility structures and equipment are located, designed, and screened to blend with the existing natural environment or built surroundings so as to reduce visual impacts to the extent feasible considering the technological requirements of the proposed telecommunication service and the need to be compatible with neighboring residences and the character of the community.

(2)

The facility is designed to blend with any existing supporting structures and does not substantially alter the character of the structure or local area.

(Ord. No. 1991, §§ 1, 2(Amd. 275, Exh. A), 4-1-97; Ord. No. 2214, § 3(Exh. A), 2-1-11)

Editor's note— Ord. No. 2214, § 3(Exh. A), adopted Feb. 1, 2011, renumbered § 26-685.997 as § 26-685.998. See Code Comparative Table for deivation.

The purpose of this division is to permit the keeping of said animal in single-family zones without changing the residential character of surrounding neighborhoods.

(Ord. No. 1917, § 2, 4-20-93)

Miniature pot-bellied pig shall mean a pig or hog and commonly referred to as a pygmy pig or mini pig, which stands no higher than twenty (20) inches at the shoulder, and is no longer than forty (40) inches from the tip of the snout to the end of the buttocks, and weighs no more than one hundred twenty (120) pounds.

(Ord. No. 1917, § 2, 4-20-93)

No person shall keep a miniature pot-bellied pig in a single-family zone without first obtaining approval of an administrative use permit from the planning director as set forth in article VI, division 5 of this chapter.

(Ord. No. 1917, § 2, 4-20-93; Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), 4-1-97)

Prior to the approval of an administrative use permit for a miniature pot-bellied pig permit, the following findings must be made:

(a)

Property is sufficient in size to accommodate the animal, outdoor run, proposed outdoor housing.

(b)

Property meets or exceeds development standards of the underlying zone.

(c)

Keeping of the animal is proposed in a manner which will not pose a threat to general public health, safety and welfare of the neighborhood.

(d)

The animal, at the time of the application, is of satisfactory general health and free of contagious disease as evidenced by a health certificate which has been prepared by a licensed veterinarian and provided to the city as part of the application form.

(Ord. No. 1917, § 2, 4-20-93; Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), 4-1-97)

Editor's note— Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), adopted April 1, 1997, repealed § 26-685.1300 and renumbered § 26-685.1500 as § 26-685.1300. Former § 26-685.1300 pertained to application and fees and derived from Ord. No. 1917, § 2, 4-20-93.

(a)

Only one (1) miniature pot-bellied pig shall be permitted per single-family residential lot.

(b)

In no case shall be height of any pig exceed twenty (20) inches, as measured at the shoulder, nor shall the weight of any pig exceed one hundred twenty (120) pounds, nor shall the length of any pig exceed forty (40) inches as measured from the tip of the snout to the end of the buttocks.

(c)

If kept outdoors, the pot-belly pig must be maintained at least twenty (20) feet from any habitable dwellings (other than the permittees).

(d)

Breeding of the pot-bellied pig is prohibited. Each pig shall be surgically altered to prevent reproduction. Evidence of such surgery shall be submitted to the city prior to the approval of a miniature pot-bellied pig permit.

(e)

Each pig shall be licensed in the manner provided in Chapter 6, Article II of the Municipal Code.

(f)

The owner of the miniature pot-bellied pig is responsible for ensuring that the animal is maintained in a manner which complies with Chapter 6, Article II pertaining to the general keeping of miniature pot-bellied pigs and the licensing requirements thereof.

(g)

The keeping of adult dogs and adults cats in conjunction with a miniature pot-bellied pig shall be limited such that the total number of adult household pets, including the one (1) miniature pot-bellied pig, shall not exceed three (3) for a single-family residential property.

(h)

An approved administrative use permit for a miniature pot-bellied pig is valid only for the property specified on the application form and letter of approval.

(i)

Reserved.

(j)

Such other conditions as deemed by the planning director to be necessary and reasonably relate to the purpose of this division, such as but not limited to:

A minimum of one hundred (100) square feet outdoor cemented, or turfed, fenced with solid footings, smooth-surfaced floor run shall be provided if pig is kept as an indoor household pet. If kept outdoors, a two hundred (200) square feet cemented, or turfed, fenced with solid footings, smooth-surfaced floor run shall be provided. Said fenced area must comply with all setback requirements for the underlying area district and be maintained in an orderly and odor-free manner.

(Ord. No. 1917, § 2, 4-20-93; Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), 4-1-97)

Editor's note— Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), adopted April 1, 1997, repealed § 26-685.1400 and renumbered § 26-685.1600 as § 26-685.1400. Former § 26-685.1400 pertained to permit procedure and derived from Ord. No. 1917, § 2, 4-20-93.

Violation of any section of this division shall constitute a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed six (6) months, or both such fine and imprisonment.

(Ord. No. 1917, § 2, 4-20-93; Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), 4-1-97)

Editor's note— Ord. No. 1992, §§ 1, 2(Amd. 277, Exh. A), adopted April 1, 1997, repealed §§ 26-685.1700—26-685.1900 which pertained to failure to utilize the miniature pot-bellied pig permit, revocation, and compliance required, respectively, and derived from Ord. No. 1917, § 2, adopted April 20, 1993.

The purpose of this division is to:

(a)

Recognize the existence of unique economic, social and physical conditions which result in the need for a home that exceeds the maximum total gross floor area permitted for that lot by more than twenty-five (25) percent.

(b)

Promote the maximum and efficient development of property, which would otherwise be considered underutilized, with housing commensurate to the size of lot.

(c)

When appropriate to the lot and neighborhood, permit expansive homes without adversely affecting the character of the surrounding neighborhood and impacting infrastructure facilities and services.

(Ord. No. 1878, § 2, 5-13-91)

Large home shall mean a single-family structure which exceeds the maximum total gross floor area permitted on a lot by more than twenty-five (25) percent.

(Ord. No. 1878, § 2, 5-13-91)

Subject to the provisions of this section, the planning commission may grant, modify, or deny a large home. A conditional use permit shall be obtained prior to the construction of a large home, as specified in article VI, division 3 of this chapter [§ 26-246 et seq.].

(Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910; § 2, 10-13-92; Ord. No. 2030, § 4, 4-20-99)

A large home must comply with all development required by the underlying zone, except that the planning commission may waive the maximum permitted total gross floor area by more than twenty-five (25) percent for any lot provided that the following can be shown:

(a)

The lot and proposed development is consistent with the general plan, zoning, and meets all other applicable code requirements.

(b)

The development utilizes building materials, color schemes and a roof style which blend with the existing structure, if any, and results in a development which is harmonious in scale and mass with the surrounding residences.

(c)

The development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles.

(d)

The development can be adequately served by existing or required infrastructure and services.

(e)

The design of the structure has given consideration to the privacy of surrounding properties through the usage and placement of windows and doors, cantilevers, decks, balconies, minimal retaining walls, trees and other buffering landscaping materials.

(f)

The development is sensitive to the natural terrain, minimizes necessary grading, de-emphasizes vertical massing which could disrupt the profile of a natural slope, and does not impede any scenic vistas or views open to the public or surrounding properties.

(Ord. No. 1878, § 2, 5-13-91; Ord. No. 1910, § 2, 10-13-92)

This division sets forth the performance standards for the construction and implementation of drive-through restaurants in a manner which ensures the on-going compatibility of such uses with neighboring residential development and other sensitive receptors such as but not limited to schools, hospitals, convalescent homes, etc.

(Ord. No. 1921, § 2, 6-1-93)

Drive-through restaurant shall mean any establishment which is engaged in the business of preparing and purveying food where provision is made for serving of food to patrons in vehicles for consumption at a separate location either on or off the premises.

(Ord. No. 1921, § 2, 6-1-93)

A conditional use permit shall be obtained prior to establishing and operating a drive-through restaurant in the NC, CC, RC, SC, C2, C3, M1 zones, and specific plan zones where applicable.

(Ord. No. 1921, § 2, 6-1-93)

(a)

Adequate separation between drive-through restaurants and adjacent residential developments and other sensitive receptors, as determined by the planning director and/or planning commission, shall be provided by one (1) or more of the following methods:

(1)

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

(2)

A minimum ten-foot wide landscaped buffer and/or minimum six-foot high noise wall along the property line shall be provided. Said landscape buffer shall be landscaped with specimen plant materials and trees appropriate in size and type to create a solid plant screen, subject to the approval of the planning director.

(3)

Topographic conditions and natural or constructed barriers (e.g. commercial development, streets and highways, etc.), or combination thereof, existing or proposed.

(b)

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

(1)

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

(2)

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

(3)

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

(4)

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

(5)

The speaker box shall be oriented away from adjacent residences and other sensitive receptors.

(6)

A three-foot high wall, hedge, or berm along the outer perimeter of the parking area(s) and drive-through lane(s), except for areas of ingress and egress, shall be provided. The design of this wall, hedge, or berm shall be consistent with the city's safety policies, goals, and objectives.

(7)

A minimum ten-foot wide landscaped buffer and/or minimum six-foot high noise wall along the property line. Said landscape buffer shall be landscaped with specimen plant materials and trees appropriate in size and type to create a solid plant screen, subject to the approval of the planning director.

(8)

Topographic conditions, natural or constructed barriers (e.g. commercial development, streets and highways, etc.), or combination thereof, existing or proposed.

(c)

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

(1)

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

(2)

The use demand for the proposed facility.

(3)

On-site circulation and parking lot design.

(d)

The facility shall be maintained in an odor and litter free condition, through one (1) or more of the following methods:

(1)

Trash enclosures and bins shall be enclosed on all sides to suppress odors and prevent spillage of materials.

(2)

Trash enclosures shall be located a minimum of fifty (50) feet from the property lines of any sensitive receptors.

(3)

The applicant shall prepare and submit a litter control, and/or recycling plan to the planning commission.

(e)

Such other requirements and/or standards as deemed by the planning director and/or planning commission to reasonably relate to the purpose of this division.

(Ord. No. 1921, § 2, 6-1-93)

The purpose of this division 20 is to prevent community-wide adverse economic impacts, increased crime, decreased property values, and the deterioration of neighborhoods that can be brought about by the concentration of adult oriented businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, churches, and residentially zoned districts.

It has been demonstrated in various communities that the concentration of adult oriented businesses causes an increase in the number of transients in the area, and an increase in crime, and in addition to the effects described herein can cause other businesses and residents to move elsewhere. It is, therefore, the purpose of this division to establish reasonable and uniform regulations to prevent the concentration of adult oriented businesses or their close proximity to incompatible uses, while permitting the location of such businesses in appropriate areas.

By the adoption of this article, the city council does not intend to condone or legitimize the distribution of obscene material, and the city council recognizes that state law prohibits the distribution of certain materials and expects and encourages law enforcement officials to enforce state obscenity statutes against such illegal activities within the city.

(Ord. No. 2283, § 3, 10-20-15)

The following definitions shall apply for purposes of this section:

Adult arcade means an establishment having as one (1) of its principal business purposes, for any form of consideration, one (1) or more still or motion picture projectors, or similar machines show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult bookstore means an establishment having as one (1) of its principal business purposes the display and/or distribution of adult merchandise, books, periodicals, magazines, photographs, drawings, sculpture, motion pictures, films, or videos, or other visual representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activity or specified anatomical areas.

Adult cabaret means a nightclub, restaurant, or similar business establishment which: (1) regularly features live entertainment as defined herein; and/or (2) which regularly features persons who display specified anatomical areas; and/or (3) shows films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult hotel/motel means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.

Adult merchandise means sexually oriented implements and paraphernalia, such as, but not limited to: dildo, auto suck, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices.

Adult motion picture theater means an establishment having as one of its principal business purposes, the showing of, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Adult oriented business means adult arcades, adult bookstores, adult cabarets, adult hotels/motels, adult motion picture theaters, adult theaters, sexual encounter centers, modeling studios, and any other business or establishment which offers and/or provides to its patrons merchandise, services or entertainment distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, but not including those activities, the regulation of which are preempted or prohibited by state law. "Adult oriented business" shall also include any establishment which, on a regular basis, provides or allows performers, models, or employees to appear in any place in non-opaque clothing, covering, or lingerie or in any opaque covering which is at any time altered to become non-opaque such that specified anatomical areas become visible. For the purposes of this section, emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas is found to be in existence in situations which include, but are not limited to, one (1) or more of the following:

(1)

One (1) of the principal purposes of the business or establishment is to operate as an adult oriented business as evidenced by the name, signage, advertising or other public promotion utilized by said establishment.

(2)

One (1) of the principal purposes of the business or establishment is to operate as an adult oriented business as demonstrated by its services, materials, products or entertainment constituting a substantial or significant portion of total business operations where such services, products or entertainment are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. As used in this division, the term "distinguished or characterized by an emphasis upon" shall mean and refer to the dominant or essential theme of the object described by such phrases. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon" the depiction or description of specified sexual activities or specified anatomical areas, the films so described are those whose dominant or predominant character and theme are the depiction of the enumerated sexual activities or anatomical areas. See Pringle v. City of Covina, 115 Cal. App. 3d 151 (1981).

(3)

As applied in this division, no business shall be classified as an adult oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

Adult oriented material means any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, CD-ROM, laser disk, DVD, or other visual representation distinguished or characterized by an emphasis upon the depiction or description of specified sexual activity or specified anatomical areas.

Adult theater means a theater, concert hall, auditorium, or similar establishment which, for any form of consideration regularly features, as one of its principal business purposes, live performances which are distinguished or characterized by an emphasis on the display of specified sexual activities or specified anatomical areas.

Applicant means a person who is required to file an application for a permit under this chapter, and shall include the applicant's employees, agents, partners, directors, officers, shareholders or managers.

Business permit means a permit validly issued by the City of West Covina to operate an adult oriented business.

Employee means any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. "Employee" does not include a person exclusively on the premises for repair or perform maintenance of the premises or for the delivery of goods to the premises.

Establishment of an adult oriented business means:

(1)

The opening or commencement of any adult oriented business as a new business;

(2)

The conversion of an existing business, whether or not an adult oriented business, to any adult oriented business, as defined;

(3)

The addition of any adult oriented business to any existing business or an existing adult oriented business;

(4)

The relocation of any adult oriented business;

(5)

A change in twenty-five (25) percent or more of the ownership of an existing adult oriented business.

Existing business means a business that has been in operation within the past six (6) months. An adult oriented business shall only be considered an existing business if it has been in operation as an adult oriented business within the past six (6) months.

Individual viewing area means any area designed for occupancy of only one (1) person at any time for the purpose of viewing live performances, pictures, movies, videos, or other presentations.

Live entertainment means any display or performance by a human being which is characterized by an emphasis on specified sexual activities or specified anatomical areas.

Modeling studio means an establishment having as one of its principal business purposes, provides, for any form of compensation, models who, for the purposes of sexual stimulation of patrons, display specified anatomical areas to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the State Board of Education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available specified sexual activities.

Nudity or nude means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

Operate or cause to operate means to cause to function or to put or keep in a state of doing business.

Operator means any person who causes an adult oriented business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated an adult oriented business whether or not that person is an owner, part owner, or permittee of the business.

Owner or manager means any person who operates, owns, or otherwise has control over an adult oriented business.

Performer oradult oriented business performer means any dancer, model, entertainer, or other person who publicly performs specified sexual activities or publicly displays specified anatomical areas, or otherwise engages in performances distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Performer permit means a permit validly issued by the City of West Covina for a person to work as an adult oriented business performer within the City of West Covina.

Permittee means a person in whose name a permit to operate an adult oriented business has been issued, including the individual or individuals listed as an applicant on the application for an adult oriented business permit. In the case of a performer, it means the person in whose name the adult oriented performer permit has been issued. "Permittee" shall include the permittee's employees, agents, partners, directors, officers, shareholders or managers.

Person means individual, proprietorship, partnership, corporation, association, or other legal entity.

Premises means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the permittee, as described in the application for a sexually oriented business permit.

Principal business purpose means that the establishment:

(1)

Has a substantial portion of its displayed merchandise which consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;

(2)

Has a substantial portion of the wholesale value of its displayed merchandise which consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;

(3)

Has a substantial portion of the retail value of its displayed merchandise which consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;

(4)

Derives a substantial portion of its revenues from the sale or rental, for any form of consideration of live performances, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas;

(5)

Maintains a substantial section of its net floor area for the sale or rental of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas; or

(6)

Regularly features live performances, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas; and prohibits access by minors, by reason of age, to its premises, and regularly advertises, on signage visible from a public right-of-way, as providing items that the advertising describes using the term "adult," "xxx," "triple-x," "x-rated," "erotic," "sexual," or a term or terms with similar import.

Sexual encounter center means any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purposes of engaging in specified sexual activities or exposing specified anatomical areas.

Specified anatomical areas means:

(1)

Less than completely and opaquely covered human genitals; pubic region; buttock; or female breast below a point immediately above the top of the areola; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

The exposure, display or depiction of human genitals in a state of sexual stimulation or arousal;

(2)

Acts of sexual intercourse, human masturbation, sexual stimulation or arousal; or

(3)

Fondling or other erotic touching of one's own or another(s)' body/bodies, human genitals, pubic region, buttock, or female breast whether covered or not.

Specified criminal activity means any of the following specified crimes:

(1)

Rape, child molestation, sexual assault, sexual battery, aggravated sexual assault, aggravated sexual battery, or public indecency;

(2)

Prostitution, keeping a place of prostitution, pimping, or pandering;

(3)

Obscenity, disseminating or displaying matter harmful to a minor, or use of child in sexual performance;

(4)

Any offense related to any sexually-oriented business, including controlled substance offenses, tax violations, racketeering, crimes involving sex, crimes involving prostitution, or crimes involving obscenity;

(5)

Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses; or

(6)

Any offense in another jurisdiction that, had the predicate act(s) been committed in California, would have constituted any of the foregoing offenses.

Substantial means at least twenty-five (25) percent.

Temporary sign means any sign subject to a time limitation or used for a limited time period or purpose. Temporary signs include promotional signs.

(Ord. No. 2283, § 3, 10-20-15)

(a)

It shall be unlawful for any person to engage in, conduct or carry on, or to permit to be engaged in, conducted or carried on, in or upon any premises in the City of West Covina, the operation of an adult oriented business unless the person first obtains and continues to maintain in full force and effect a business permit from the City of West Covina pursuant to the provisions of this chapter.

(b)

It shall be unlawful for any individual to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult oriented business unless the individual first obtains and continues in full force and effect a performer permit from the City of West Covina pursuant to the provisions of this chapter.

(Ord. No. 2283, § 3, 10-20-15)

No sexual encounter business is permitted to operate in any zone within the City of West Covina.

(Ord. No. 2283, § 3, 10-20-15)

(a)

Any person, association, partnership, group, or corporation wishing to operate, any adult oriented business shall submit an application, to the planning director. Possession of other state or city licenses does not exempt the applicant from this permit. The planning director shall grant or deny a permit application in accordance with the provisions of section 26-685.4500 (Permit processing; grounds for denial).

(b)

An application for an adult oriented business permit shall be signed by the applicant and shall contain or include the following information:

(1)

A nonrefundable permit processing fee, as set by city council resolution.

(2)

If the applicant is an individual, the individual shall state his or her legal name, including any aliases, address, and submit satisfactory written proof that he or she is at least eighteen (18) years of age.

(3)

If the applicant is a partnership, the partners shall state the partnership's complete name, address, the names of all partners, whether the partnership is general or limited, and attach a copy of the partnership agreement.

(4)

If the applicant is a corporation, the corporation shall provide its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers and directors, the name of the registered corporate agent and the address and contact information of the registered office for service of process.

(5)

If the applicant is an individual, he or she shall sign the application. If the applicant is other than an individual, an officer of the business entity or an individual with a ten (10) percent or greater interest in the business entity shall sign the application.

(6)

If the adult oriented business applicant intends to operate the adult oriented business under a name other than that of the applicant, the applicant shall file the fictitious name of the adult oriented business and show proof of registration of the fictitious name.

(7)

A description of the type of adult oriented business for which the permit is requested and the proposed address where the adult oriented business will operate, plus the names and addresses of the owners or lessors of the proposed premises.

(8)

The address to which notice of action on the application is to be mailed; the address shall not be a post office box.

(9)

An applicant must state under penalty of perjury that he or she (as well as any of the officers, directors, or partners in the business) does not have a conviction for a specified criminal activity, or the equivalent in another state for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

(10)

The names of all employees, independent contractors, and other persons who will work at the adult oriented business, including performers.

(11)

A sketch or diagram showing the interior configuration of the premises or the adult oriented business, including a statement of the total floor area occupied by the adult oriented business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.

(12)

A certificate and straight-line drawing prepared within thirty (30) days prior to application depicting the building and the portion thereof to be occupied by the adult oriented business and (a) the property line of any other adult oriented business within seven hundred and fifty (750) feet of the primary entrance of the adult oriented business for which a permit is requested; and (b) the property lines of any church, school, park, residential zone or use within five hundred (500) feet of the primary entrance of the adult oriented business.

(13)

A diagram of the off-street parking areas and premises entries of the proposed business showing the location of the lighting system required by section 26-685.4600 (Development and Performance Standards).

(14)

A security plan that satisfies the requirements of subsection (20) of section 26-685.4600 (Development and Performance Standards).

(c)

All persons who have been issued a business permit shall promptly supplement the information provided as part of the application for the permit required by this section, including, but not limited to, the names of all performers required to obtain a performer permit, within fifteen (15) calendar days of any change in the information originally submitted.

(Ord. No. 2283, § 3, 10-20-15)

(a)

Any individual wishing to perform as an adult oriented business performer shall submit an application to the planning director. Possession of other state or city licenses does not exempt the applicant from this permit. The planning director shall grant, conditionally grant, or deny a permit application in accordance with the provisions of section 26-685.4500 (Permit processing; grounds for denial).

(b)

An application for a performer permit shall be signed by the applicant and shall contain or include the following information:

(1)

A nonrefundable permit processing fee, as set by city council resolution.

(2)

The applicant's legal name and any other names (including "stage names" and aliases) used by the applicant; age, date, and place of birth; height, weight, and hair and eye color; and present residence address and telephone number.

(3)

A copy of the applicant's driver's license, or other current government-issued identification.

(4)

The address to which notice of action on the application is to be mailed.

(5)

An applicant must state under penalty of perjury that he or she does not have a conviction for a specified criminal activity, or the equivalent in another state for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

(6)

The applicant must declare under penalty of perjury whether he or she has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other jurisdiction to engage in prostitution in such other jurisdiction. If the applicant has ever been licensed or registered as a prostitute, or otherwise authorized by the laws of any other state to engage in prostitution, the applicant shall provide the place of such registration, licensing or legal authorization, and the inclusive dates during which he or she was so licensed, registered, or authorized to engage in prostitution.

(7)

The applicant's fingerprints on a form provided by the police department, and a passport-size color photograph clearly showing the applicant's face. Any fees for the photographs and fingerprints shall be paid by the applicant.

(8)

If the application is made for the purpose of renewing a performer permit, the applicant shall attach a copy of the permit to be renewed.

(c)

Any individual who has been issued a performer permit shall promptly supplement the information provided as part of the application for the permit required by this section, including, but not limited to, each and every location within the city where the individual is performing, within fifteen (15) calendar days of any change in the information originally submitted.

(Ord. No. 2283, § 3, 10-20-15)

(a)

For both a business permit application and a performer permit application, the planning director shall determine whether the application is complete within thirty (30) days of receipt. The application shall be determined to be complete upon receipt of all required documentation and fees. The planning director shall thereafter approve or deny the permit within thirty (30) days of determining that the application is complete in accordance with the provisions of this section.

(b)

The planning director shall deny a business permit application on the following grounds:

(1)

The building, structure, equipment or location used by the business for which an adult oriented business permit is required do not comply with the requirements and standards of the health, zoning, fire and safety laws of the city and the state, or with the locational or development and performance standards and requirements of this article.

(2)

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult oriented business permit, or within any subsequently updated information, renewal or report required by this division.

(3)

An applicant is under eighteen (18) years of age.

(4)

The adult oriented business does not comply with the locational standards in section 26-685.4000.

(5)

The applicant has, within the previous twelve (12) months, had a permit for an adult oriented business denied or revoked or is applying for a new permit within the period in which the existing permit has been suspended.

(6)

The applicant (or any officers, directors, or partners in the business) has been convicted of any specified criminal activity for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

(c)

The planning director shall deny a performer permit application on the following grounds:

(1)

The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult oriented performer permit, or within any subsequently updated information, renewal or report required by this division.

(2)

The applicant is under eighteen (18) years of age.

(3)

The applicant has, within the previous twelve (12) months, had a performer permit denied or revoked or is applying for a new permit within the period in which the existing permit has been suspended.

(4)

The applicant has, within the previous twelve (12) months, had a prostitution permit denied, suspended or revoked.

(5)

The applicant has been convicted of any specified criminal activity for which:

a.

If the conviction is a misdemeanor offense—Less than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for the conviction, whichever is the later date.

b.

If the conviction is a felony offense—Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date.

c.

If the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four-month period—Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date.

(d)

In the event a business or performer permit is denied, the applicant shall not reapply for a period of twelve (12) months from the date the denial becomes final.

(Ord. No. 2283, § 3, 10-20-15)

An adult oriented business permit shall comply with all of the following operational requirements, except as otherwise regulated by the State Department of Alcoholic Beverage Control:

(1)

Zoning. The adult oriented business is to be located in the service-commercial (S-C) zone, medium-commercial (C-2) zone, heavy-commercial (C-3) zone, regional-commercial (RC) zone, manufacturing (M-1) zone, or the urban center and general urban zones in the Downtown Plan.

(2)

Proximity to other uses. The adult oriented business is not:

a.

Within five hundred (500) feet of any residential zone or any lot upon which a residential use is legally occurring at the time this article is adopted and continues to occur at the time the application is reviewed;

b.

Within five hundred (500) feet of any lot upon which there is located a church or other religious facility or institution, public park, or educational institution which is utilized by minors;

c.

Within seven hundred and fifty (750) feet of another adult oriented business, provided that this separation requirement also applies from adult oriented businesses that are located in adjacent cities; and

d.

Within one hundred (100) feet of the civic center.

(3)

Measurement of distances. For the purpose of this subsection, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line where the building or structure used as a part of the premises where the adult oriented business is conducted to the nearest property line of the premises of the religious institution, educational institution utilized by minors, or park, or to the nearest boundary of a residential district or use, or of the civic center.

(4)

Traffic. The adult oriented business shall not be located in an area where the traffic from the adult oriented business shall increase the volume capacity ratio below level of service E; or, will worsen the existing condition at level of service F; or increase the volume capacity ratio by 0.02, all as determined by the city engineer.

(5)

Signs and displays. Moving signs, as defined in section 26-310.22, as well as signs with changeable copy and temporary signs are not permitted for adult businesses. Exterior signs shall not depict recognizable specified anatomical areas or adult entertainment activities. Advertisements, displays of merchandise, signs or any other exhibit depicting specified anatomical areas or adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such building or premises.

(6)

Exterior painting. Buildings and structures shall not be painted or surfaced with any design that would simulate a sign or advertising message and cannot be established or maintained such that the exterior appearance of the structure is substantially inconsistent with the external appearance of structures on abutting properties.

(7)

Development standards. Except as set out herein or otherwise restricted by law, the adult oriented business shall comply with the development standards, including signage standards, for the zone in which the business is located.

(8)

Display of adult oriented material or merchandise. The adult oriented business shall not display any adult oriented material or merchandise in such a manner so as to be visible from any location other than within the adult oriented business.

(9)

Exclusion of minors. The adult oriented business shall not be accessible to any person under the age of eighteen (18), and such exclusion shall be clearly posted at all entrances.

(10)

Areas open to public view. No area within the adult oriented business shall be visible from its exterior.

(11)

Nude performance prohibited. Nude adult oriented performances are prohibited. Adult oriented performers shall wear no less than pasties to cover the nipple areas of female breasts, and a g-string that covers the genital area.

(12)

Interior orientation. The interior of the adult oriented business shall be configured such that there is an unobstructed view, by use of the naked eye and unaided by video, closed circuit cameras or any other means, of every public area of the premises (excluding restrooms), including, but not limited to, the interior of all individual viewing areas, from a manager's station which is no larger than thirty-two (32) square feet of floor area with no single dimension being greater than eight (8) feet in a public portion of the establishment. No public area (excluding restrooms), including, but not limited to, the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area, solely with the use of the naked eye and unaided by video, closed circuit cameras or any other means, from the manager's station. A manager shall be stationed in the manager's station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one (1) person at a time.

(13)

Business hours. No adult oriented business shall operate from the hours of 2:00 a.m. to 7:00 a.m.

(14)

Parking lot lighting. The parking lot lighting system shall be so designed to produce a minimum light level of three (3) foot-candles on the entire parking facility's horizontal surface.

(15)

Interior lighting. All areas of the adult oriented business shall be illuminated at a minimum of the following foot-candles, minimally maintained and evenly distributed at ground level:

a.

Arcade: Ten (10) foot-candles in public areas;

b.

Bookstores: Twenty (20) foot-candles;

c.

Cabaret: Five (5) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot-candles;

d.

Hotels/motels: Twenty (20) foot-candles in public areas;

e.

Individual viewing booths: 1.25 foot-candles;

f.

Motion picture theater: Ten (10) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot-candles;

g.

Theater: Five (5) foot-candles, except during performances, at which times the lighting shall be at least 1.25 foot candles;

h.

Other establishments not listed above: Twenty (20) foot-candles.

(16)

Operation of individual viewing areas. Each machine used to show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions, which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, shall be located in an individual viewing area. Any individual viewing area of the adult oriented business shall be separated from patrons by a floor to ceiling plexiglass or other clear, permanent barrier and shall be operated and maintained with no holes, openings, or other means of direct visual or physical access between the interior space of two (2) or more individual viewing areas. No individual viewing area may be occupied by more than one (1) person at any one (1) time.

(17)

Separation zones. Whenever live entertainment is provided, patrons shall be physically separated from performers by a buffer zone of at least six (6) feet and no physical contact between performers and patrons shall be permitted. This provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier.

(18)

Use of single building for multiple uses. No building, premises, structure, or other facility shall be permitted to contain more than one (1) type of adult oriented business as such types of adult oriented business are defined in section 26-685.4200. For the purposes of this section, the phrase "adult oriented business" shall not be considered a single type of adult oriented business.

(19)

Payment of gratuity. No patron shall directly or indirectly pay or give any gratuity to any performer and no performer shall solicit or accept any gratuity from any patron.

(20)

Separate restrooms. The adult oriented business shall provide separate restroom facilities for male and female patrons and employees. The restrooms shall be free from adult oriented material. Only one (1) person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the adult oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) from engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.

(21)

Parking. The adult oriented business complies with the city's parking standards for the underlying use. Where no city parking standards exist for a particular underlying use, the applicant shall provide one (1) space per occupant as based upon the maximum occupancy as determined by the building official.

(22)

Security plan. A detailed security plan is submitted to the planning director that describes measures that will be implemented to provide adequate security both within the interior and exterior of the premises of the business, specifically including, but not limited to, measures to comply with the requirements of subsections (10) and (21) of this section.

(23)

Security guards. For an adult oriented business that provides live entertainment, at least one (1) security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open and providing live entertainment. If the occupancy limit of the premises is greater than fifty (50) persons, an additional security guard shall be on duty inside the premises for each additional fifty (50) patrons permitted. The security guard(s) shall be charged with preventing violations of and enforcing compliance by patrons with the requirements of this division, and notifying the appropriate authorities of any violations of law observed. Any security guard required by this subparagraph shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this subparagraph shall act as a door person, ticket seller, ticket taker or admittance person while on duty as a security guard.

(24)

The business location, structure, and equipment complies with all applicable health, fire, building, or other state, federal, or local laws and regulations.

(25)

The owner or manager of an adult oriented business will not permit any employee on the premises to engage in a live showing of specified anatomical areas. The owner or manager of an adult oriented business shall be responsible to ensure compliance with this division by employees, performers and patrons.

(Ord. No. 2283, § 3, 10-20-15; Ord. No. 2309, § 2(Exh. A), 1-17-17)

Officers of the City of West Covina may inspect the premises of an adult oriented business for the purpose of ensuring compliance with the law at any time the adult oriented business is open for business or occupied.

(Ord. No. 2283, § 3, 10-20-15)

Adult oriented business permits and adult oriented business performer permits shall only be valid for a period of one (1) year from the date of issuance. Business permits and performer permits shall be renewed on a year to year basis provided that the permittee continues to meet the requirements set forth in this chapter. The renewal fee for an adult oriented business permit shall be established by resolution of the city council. A renewal request must be submitted to the planning director on a form provided by the city no later than thirty (30) days prior to the permit's expiration date.

(Ord. No. 2283, § 3, 10-20-15)

(a)

No adult oriented business permit or adult oriented business performer permit may be sold, transferred, or assigned by any permittee or by operation of law, to any other person, or persons. Any such sale, transfer, assignment or attempted sale, transfer, or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall thereafter be null and void. A business permit held by an individual in a corporation, partnership, or limited partnership is subject to the same rules of transferability as contained above.

(b)

Any transfer of twenty-five (25) percent or more of the ownership of an adult oriented business shall be considered a new adult oriented business and shall require a new business permit application.

(Ord. No. 2283, § 3, 10-20-15)

(a)

An adult oriented business permit shall only be valid for the location specified on the permit.

(b)

An adult oriented business performer permit shall only be valid as to the individual permittee.

(Ord. No. 2283, § 3, 10-20-15)

(a)

The planning director may revoke or suspend an adult oriented business permit or an adult oriented business performer permit on the following grounds:

(1)

Any violation of the provisions of this division.

(b)

A business permit or performer permit shall be revoked upon a showing, by a preponderance of the evidence, of the following:

(1)

The permittee, employee, agent, partner, director, stockholder, or manager of an adult oriented business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the business, or in the case of a performer, the permittee has engaged in one of the activities described below while on the premises of an adult oriented business:

a.

Any act of sexual intercourse, sodomy, oral copulation, or masturbation.

b.

Use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation openly occur.

c.

Any conduct constituting a criminal offense which requires registration under section 290 of the California Penal Code.

d.

The occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of sections 315, 316, or 318 or subdivision (b) of section 647 of the California Penal Code.

e.

Any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to sections 311 through 313.4.

f.

Any violation of the provisions of this division, including, but not limited to, the sales or exchange of drugs, or allowing any person to engage in or participate in any live performance depicting specified anatomical areas or involving specified sexual activities in an adult oriented business, without a valid performer permit.

(2)

Failure to abide by any disciplinary action previously imposed by an appropriate city.

(c)

Written notice of the proposed revocation shall be furnished to the permittee. Such notice shall summarize the principal reasons for the proposed revocation or suspension and shall be delivered as follows:

(1)

Business permit: both by posting the notice at the location of the adult oriented business and by sending the same, certified mail, return receipt requested and postage pre-paid, addressed to the permittee as that name and address appears on the permit.

(2)

Performer permit: sending the same, certified mail, return receipt requested and postage pre-paid, addressed to the permittee as that name and address appear on the permit.

(d)

Within ten (10) days after the later of the mailing or posting of the notice, the permittee may file a request for hearing with the planning director. If the request for a hearing is timely received by the planning director, the hearing shall be provided pursuant to section 26-685.5100 below. If a hearing is requested, no action shall be taken before the planning commission decision.

(e)

If the permittee does not request a hearing, the suspension or revocation shall take effect ten (10) days after the later of the mailing or posting of the notice, and the decision of the planning director shall be final.

(Ord. No. 2283, § 3, 10-20-15)

(a)

Upon receipt of a written request for a hearing the planning director shall transmit the request to the planning commission who shall conduct a noticed public hearing within thirty (30) days of receipt of such request. The hearing shall be advertised in a local paper of general circulation ten (10) days prior to hearing. The permittee shall be notified by certified mail, return receipt requested and postage pre-paid, of the time and place of the hearing. Notice by U.S. mail shall also be provided to any interested party requesting such notice.

(b)

At the time and place set for the hearing, the planning commission shall hold a de novo hearing and shall afford the permittee and other interested parties a reasonable opportunity to be heard in connection therewith.

(c)

To allow the permittee the opportunity to fully present their arguments, the formal rules of evidence shall not apply and all relevant evidence may be considered. However, the planning commission has the discretion to exclude irrelevant evidence, i.e., evidence that does not pertain to the issue(s) on appeal. The planning commission also has the discretion to exclude evidence it deems needlessly repetitive.

(d)

If, based on all the relevant evidence and testimony of witnesses at the hearing, the planning commission finds that the permittee has committed violations of this division, or has allowed the commission of such violations, then the planning commission shall issue an order to either revoke, suspend or modify the permit. If the planning commission finds no violations, it shall take no action on the permit.

(e)

The director shall mail by certified or registered U.S. mail a copy of the planning commission's decision to the permittee, and to any other person requesting the same, within five (5) business days after the adoption thereof. The planning commission's decision shall be final and effective immediately, and shall specify that any action to review its decision shall be commenced no later than the time period set forth in the California Code of Civil Procedure section 1094.8.

(Ord. No. 2283, § 3, 10-20-15)

(a)

Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer, or operator, or whether acting as a participant or worker in any way, who operates or conducts an activity referred to in this section without first obtaining an adult oriented business permit from the city, or who shall violate any provisions of this division, shall be guilty of a misdemeanor. Any person violating any of the provisions of this section shall be fined not more than one thousand dollars ($1,000.00) for each offense nor imprisoned for more than six (6) months in the county jail or both for each offense. Each day such violation shall continue shall be regarded as a separate offense.

(b)

Any establishment operated, conducted or maintained contrary to the provisions of this section is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this division.

(Ord. No. 2283, § 3, 10-20-15)

The purpose of this division is to establish special standards and criteria for theme shopping uses in order to ensure that the individual businesses and tenant spaces that comprise the overall use will be properly operated and designed to be consistent, compatible and integrated with one another; and to ensure that the overall use will be designed to be compatible with and not create adverse impacts to other businesses and uses within the surrounding area.

(Ord. No. 2031, § 3, 4-20-99)

(a)

A conditional use permit shall be obtained prior to establishing a theme shopping use (as specified in section 26-246).

(b)

In addition to items otherwise required to be submitted in conjunction with an application for a conditional use permit, the following materials shall also be submitted:

(1)

A comprehensive interior tenant improvement plan providing the following information:

a.

A floor plan identifying all of the proposed tenant spaces and common areas.

b.

Proposed floor area dedicated to each tenant space.

c.

A comprehensive description and plan of interior design features to be used for proposed tenant spaces, including the method and design of partitioning tenant spaces (i.e., full floor-to-ceiling walls or other method), type and location of merchandise display and location of merchandise storage for each tenant, and location of cashier areas for each tenant consistent with the requirements of section 26-685.6200(f).

d.

Interior elevations may be required at the discretion of the planning director.

(2)

An operational plan providing the following information:

a.

A detailed list of the types of tenants and types of merchandise to be sold.

b.

Proposed hours of operation.

c.

Proposed security to be provided.

d.

Proposed loading areas and proposed hours for deliveries.

(Ord. No. 2031, § 3, 4-20-99)

(a)

Zoning. Theme shopping uses may be established and operated only in the zones specified in section 26-597.

(b)

The development standards of the zone in which the theme shopping use is to be located shall apply, except as otherwise added to or modified pursuant to this section.

(c)

Minimum overall area. Theme shopping uses shall have an overall gross floor area of not less than twenty thousand (20,000) square feet.

(d)

Minimum tenant space. Each tenant space within a theme shopping use shall have a minimum gross floor area of not less than two hundred (200) square feet.

(e)

Common areas. Adequate common areas shall be provided, including a common entryway, corridors and aisles, interior courtyards, and restroom facilities.

(f)

Interior design and coordination. Theme shopping uses and individual tenant spaces therein shall be designed in a coordinated and consistent manner throughout, making use of similar materials and design elements.

(g)

The proposed tenants and proposed types of merchandise and products to be sold shall be consistent with the definition of a theme shopping center as specified in section 26-63.

(h)

Signage. Exterior signage shall be subject to the requirements of article V, with the provision that exterior signage shall identify and pertain only to the theme shopping center and shall not identify individual tenants located therein.

(i)

Sales. All merchants shall sell at retail. No wholesaling permitted.

(j)

Receipts. Each merchant shall have receipts or other evidence of his or her legal ownership or authority to sell items displayed for sale.

(k)

Prohibited merchandise. Sales, exchange, barter or trade of the following items is prohibited:

a.

Used property, except for antiques commonly sold in an antique store.

b.

Firearms, ammunition, explosives, fireworks or other weaponry.

c.

Alcoholic beverages.

d.

Auto parts, oil or similar fluids, hubcaps, wheels, batteries, or tires.

(Ord. No. 2031, § 3, 4-20-99)

This division sets forth a uniform set of standards for the application of permanent make-up. The application of permanent makeup shall be allowed in conjunction with a beauty shop or tattooing use. Only permanent make-up uses shall supply permanent make-up services to the general public.

(Ord. No. 2086, § 2(Exh. A), 7-16-02; Ord. No. 2222, § 2(Exh. A, § 3), 10-18-11)

Permanent make-up. The business of inserting pigment under the surface of the skin in the facial area by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. The application of permanent make-up is intended to principally consist of, but is not necessarily limited to, the application of permanent eyeliner, eyebrows, lip liner, lip color, and beauty marks.

(Ord. No. 2086, § 2(Exh. A), 7-16-02)

Permanent makeup uses may be established and operated only in the zones specified in section 26-597 and in the Downtown Plan.

(Ord. No. 2086, § 2(Exh. A), 7-16-02; Ord. No. 2309, § 2(Exh. A), 1-17-17)

The application of permanent make-up shall be subject to and comply with the following standards and regulations.

(a)

Permanent make-up uses may be established and operated only in the zones specified in section 26-597.

(b)

Permanent make-up uses may only be established as an accessory use to a beauty shop or tattooing use.

(c)

An administrative review and approval by the planning director shall be obtained prior to establishing a permanent make-up use (as specified in section 26-296.1400).

(d)

The permanent make-up use shall comply with the Los Angeles County Code Department Regulations Body Art Title 11 - Health and Safety Code Division 1 - Health Code, Chapter 11.36 - Body Art Establishments and Environmental Health Regulations Part 1 Public Health Chapter 36 Body Art Regulations as adopted July 1999 or as may be amended in the future.

(e)

The person conducting the service of permanent make-up application shall be a licensed cosmetologist.

(f)

A business license as required by Chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation.

(g)

The planning director may impose other conditions deemed necessary to reasonably relate to the purpose of this division.

(Ord. No. 2086, § 2(Exh. A), 7-16-02; Ord. No. 2222, § 2(Exh. A, § 3), 10-18-11)

This division sets forth a uniform set of standards for the practice of body piercing. The practice of body piercing shall be allowed in conjunction only with a beauty shop or jewelry store use. Only body piercing uses shall supply body piercing services to the general public. Medical practitioners licensed by the State of California under the Business and Professions Code Chapter 5 (commencing with Section 2000 of Division 2) who utilize body art activities as part of patient treatment are exempt from the registration and permitting requirements of this division.

(Ord. No. 2103, § 3, 7-1-03)

Body piercing uses may be established and operated only in the zones specified in section 26-597 and in the Downtown Plan.

(Ord. No. 2103, § 3, 7-1-03; Ord. No. 2309, § 2(Exh. A), 1-17-17)

(a)

Requirements. The practice of body piercing shall be subject to and comply with the following standards and regulations:

(1)

Body piercing uses may only be established as an accessory use to a beauty shop or jewelry store in the R-C, C-3, or M-1 zones or a tattooing use in the R-C or M-1 zones and shall occupy no more than ten (10) percent of the gross floor area of the primary business.

(2)

Body piercing uses may only be established in permitted businesses with a minimum of one thousand two hundred (1,200) square feet of gross floor area.

(3)

An administrative review and approval by the planning director shall be obtained prior to establishing a body piercing use (as specified in section 26-296.1400).

(4)

The body piercing use shall comply with the Los Angeles County Code Department Regulations Body Art Title 11-Health and Safety Code Division 1 - Health Code Chapter 11.36-Body Art Establishments and Environmental Health Regulations Part 1 Public Health Chapter 36 Body Art Regulations as adopted July 1999 or as may be amended in the future.

(5)

A business license as required by Chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation[.]

(6)

The planning director may impose other conditions deemed necessary to reasonably relate to the purpose of this division.

(b)

Exemptions. The following exemptions shall apply:

(1)

Existing beauty shops and jewelry shops performing body piercing as an accessory use to the main business, prior to August 21, 2003, may be allowed to continue the accessory use under the following conditions:

a.

Application. An application to maintain an accessory body piercing use must be submitted to the planning department by January 31, 2004. Said application shall include the following:

(1)

Sufficient information to verify to the satisfaction of the planning director that the accessory body piercing use was in place prior to and has been continuously functioning on the property since the date of the adoption of this division. Such information may include receipts or affidavits from clientele

(2)

A signed statement from the applicant stating that he/she will or has applied to the Los Angeles County Health Department for a body art establishment plan review and/or body art technician registration to allow an accessory body piercing use.

(3)

A signed statement of understanding from the applicant stating that he/she understands that the process has to be complete with the city within six (6) months and Los Angeles County in no more than one (1) year from the time of submittal.

(4)

During the term between filing an application to maintain an accessory use body piercing use and granting of necessary permits, the use may continue to operate provided that any and all body art technicians possess a valid registration from the Los Angeles County Health Department. In the event that no body art technicians possess such registration, the body piercing use shall suspend operations until such time as one (1) or more body art technicians in the employment of the use have completed such registration.

b.

Review. The planning director shall review the submitted application and render a decision within twenty (20) days. In making the decision, the planning director shall consider the impact of the accessory body piercing use on surrounding private and public property.

c.

Conditions of approval. The use is subject to the standards set forth in section 26-685.6900 numbers (2) through (6).

(Ord. No. 2103, § 3, 7-1-03; Ord. No. 2222, § 2(Exh. A, § 4), 10-18-11)

This division sets forth a uniform set of standards for the practice of tattooing.

(Ord. No. 2222, § 2(Exh. A, § 5), 10-18-11)

Tattooing uses may be established and operated only in the zones specified in section 26-597 and in the downtown plan.

(Ord. No. 2222, § 2(Exh. A, § 5), 10-18-11; Ord. No. 2309, § 2(Exh. A), 1-17-17)

The practice of tattooing shall be subject to and comply with the following standards and regulations:

(1)

Tattooing uses may only be established in the R-C and M-1 zones.

(2)

A conditional use permit shall be obtained prior to establishing a tattooing use (as specified in section 26-246).

(3)

Tattooing uses may only be established in a tenant space with a minimum of one thousand (1,000) square feet of gross floor area.

(4)

Tattooing uses shall be located a minimum of three hundred (300) feet from a residential use, religious facility, public parks, or educational institution which is utilized by minors.

(5)

Tattooing uses shall be located more than one thousand five hundred (1,500) feet from the perimeter of the tenant space of any other tattooing use.

(6)

Tattooing uses shall not operate between the hours of 10:00 p.m. and 10:00 a.m.

(7)

Temporary or mobile tattooing uses or events are not allowed by this section.

(8)

The parking requirement for a tattooing use shall be consistent with standards for personal service business. Accessory use tattooing shall comply with the parking requirements for the primary use.

(9)

The tattooing use shall comply with the Los Angeles County Code title 11, chapter 11.36, Body Art Establishments.

(10)

A business license as required by chapter 14 of the West Covina Municipal Code shall be obtained prior to the start of the operation of the use.

(11)

The planning commission may impose other conditions deemed necessary to reasonably relate to the purpose of this division.

(Ord. No. 2222, § 2(Exh. A, § 5), 10-18-11; Ord. No. 2472, § 5, 5-19-20 )

This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.

(Ord. No. 2239, § 2(Exh. A), 12-4-12)

Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

(a)

A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 26-246 through 26-254.

(b)

The facility shall operate on a first-come, first serve basis with clients only permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night. A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

(c)

The maximum stay at the facility shall not exceed one hundred twenty (120) days in a three hundred sixty-five (365) day period.

(d)

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

(e)

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

(f)

Bike rack parking shall be provided at the facility.

(g)

Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Parking Lot Design and Lighting Standards (Planning Commission Resolution No. 2513).

(h)

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

(i)

Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6) foot tall decorative wall or fence.

(j)

Facility improvements shall comply with the West Covina Municipal Code and the most current adopted Building and Safety Code, specific to the establishment of dormitories and shall additionally provide:

(1)

A minimum of one (1) toilet [f]or every eight (8) beds per gender.

(2)

A minimum of one (1) shower for every eight (8) beds per gender.

(3)

Private shower and toilet facility for each area designated for use by individual families.

(k)

An operational plan shall be provided for the review and approval of the planning director and police chief. Plans may be required to address additional specific needs as identified by the director. The approved operational plan shall remain active throughout the life of the facility. At a minimum, the plan shall contain provisions addressing the topical areas outlined below.

(1)

Security and safety. Addressing both on and off-site needs, including provisions to address the separation of male and female sleeping areas as well as any family areas within the facility and shall include the following rules and procedures:

a.

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

b.

The facility shall establish procedures for client intake and shall maintain a client roster. During intake, basic client information shall be collected including name, last physical address, driver's license or other identification number, whether the person has been convicted of a felony or is required to register as a sex registrant under Penal Code Section 290. The roster shall be made available to the West Covina Police Department upon request.

(2)

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

(3)

Management of outdoor areas. Including a system for daily admittance and discharge procedures and monitoring of waiting areas with a goal to minimize disruption to nearby land uses.

(4)

Alcohol and illegal drugs. Addressing how the operator will control and regulate alcohol and illegal drug use by clients on the premises.

(5)

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

(6)

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

(7)

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

(8)

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

(9)

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

(10)

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

(11)

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

(12)

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

(13)

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

(l)

The facility may provide the following services in a designated area separate from sleeping areas:

(1)

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

(2)

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

(3)

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

(4)

Kitchen and dining area.

(5)

Client storage area.

(6)

Similar types of facilities to address the needs of homeless clients, as determined by the planning director.

(m)

An emergency shelter facility shall provide off-street parking at the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus (1) space per staff member.

(n)

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

(Ord. No. 2239, § 2(Exh. A), 12-4-12)

The purpose of this chapter is to assist in providing housing for persons of all income levels, consistent with the public health and safety and good planning practices. The specific purpose of this chapter is to provide access to clean, comfortable, and safe living conditions for residents. A related purpose is to facilitate new construction of efficiency dwelling units or the structural conversion of transient occupancy uses into single-room occupancy projects, as appropriate, and to require that efficiency units be consistently maintained in accordance with applicable standards so as not to create a public nuisance.

(Ord. No. 2239, § 2(Exh. A), 12-4-12)

Efficiency residential units, also known as single resident occupancy ("SRO"), shall be subject to and comply with the following standards and regulations.

(a)

Unit size. Units shall have a minimum size of one hundred fifty (150) square feet and a maximum of four hundred (400) square feet.

(b)

Occupancy. Each unit shall accommodate a maximum of two (2) persons.

(c)

Lighting. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Parking Lot Design and Lighting Standards (Planning Commission Resolution No. 2513).

(d)

Laundry facilities. Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units of fractional number thereof, with at least one (1) washer and dryer per floor.

(e)

Cleaning supply room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

(f)

Bathroom. Each unit required to provide a separate bathroom containing a water closet, lavatory and bathtub or shower.

(g)

Kitchen. Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less then thirty (30) inches in front.

(h)

Closet. Each SRO unit shall have a separate closet.

(i)

Code compliance. SRO units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.

(j)

Separation. An efficiency unit project shall not be located within three hundred (300) feet of any other efficiency unit project, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.

(k)

Facilities management. An efficiency units project with ten (10) or more units shall provide on-site management. An efficiency units project with less than ten (10) units may provide a management office on-site.

(l)

Tenancy. Tenancy of efficiency units shall not be less than thirty (30) days.

(m)

Parking. Efficiency unit parking shall be provided as follows.

(1)

One (1) uncovered parking space for every three (3) efficiency units.

(2)

Two (2) uncovered parking spaces for an onsite manager unit.

(3)

Each efficiency unit shall be provided at least one (1) lockable bicycle parking space in a location that is adjacent to that efficiency unit.

(n)

Review process. Applications for efficiency units projects shall be processed in a manner consistent with procedures for a multiple-family residential project per article IX.

(Ord. No. 2239, § 2(Exh. A), 12-4-12)

For purposes of this division, the following definitions shall apply:

Commercial cannabis activity includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of: 1) marijuana and marijuana products, including medical marijuana, medical cannabis and medical cannabis products within the meaning of California Business and Professions Code Section 19300, et seq., and 2) non-medical marijuana, marijuana products, cannabis and cannabis products, (also referred to as recreational marijuana, recreational marijuana products, recreational cannabis and recreational cannabis products), except for personal cultivation as permitted in section section 26-685.10300.A.2. of the West Covina Municipal Code.

Marijuana dispensary means any association, business, facility, use, establishment, location, cooperative, collective, or provider that possesses, cultivates, distributes, makes available, provides, gives away, donates, or otherwise facilitates the distribution of marijuana to or for more than three (3) persons or to or for any person who is not a qualified patient or primary caregiver.

Marijuana transport dispensary means any person or entity that transports or offers to transport marijuana in any vehicle or by any other means. A person who is transporting marijuana to a qualified patient for whom he or she is the primary caregiver shall not be a "marijuana transport business."

Primary caregiver is an individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person as is further defined in California Health and Safety Code section 11362.7.

Qualified patient is a person who is entitled to the protections of the California Health and Safety Code section 11362.5, inclusive of a person with an identification card as that term is defined in California Health and Safety Code section 22362.7.

(Ord. No. 2299, § 3, 9-20-16)

Editor's note— Ord. No. 2299, § 3, adopted Sept. 20, 2016, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter. For prior history, see Code Comparative Table.

Marijuana dispensaries are prohibited in the City of West Covina, and no marijuana dispensary shall operate, locate, or otherwise be permitted or established within the city, even if located within or associated with an otherwise permitted use, and neither the city council nor city staff shall approve any use, interpretation, permit, license certificate of occupancy, zoning code or general plan amendment allowing the operation and/or establishment of a marijuana dispensary.

(Ord. No. 2299, § 3, 9-20-16)

Editor's note— Ord. No. 2299, § 3, adopted Sept. 20, 2016, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter. For prior history, see Code Comparative Table.

(a)

No person shall own, operate, or manage a marijuana dispensary in the City of West Covina. No person shall lease or offer to lease any facility or any location as a marijuana dispensary in the City of West Covina. No person shall employ any person or be employed at a marijuana dispensary in the City of West Covina, whether or not such employment is on a paid or volunteer basis.

(b)

No person shall own, operate, or manage a marijuana transport dispensary in the City of West Covina. No person shall lease or offer to lease any facility or any location as a marijuana transport dispensary, or as a distribution center for any marijuana transport dispensary, in the City of West Covina. No person shall employ or be employed at a marijuana transport business or a distribution center therefor in the City of West Covina, whether or not such employment is on a paid or volunteer basis.

(c)

No person shall engage in Commercial Cannabis Activity in the City of West Covina.

(Ord. No. 2299, § 3, 9-20-16)

Editor's note— Ord. No. 2299, § 3, adopted Sept. 20, 2016, repealed the former section and enacted a new section as set out herein. The former section pertained to similar subject matter. For prior history, see Code Comparative Table.

(a)

Public nuisance. Any violation of this division shall constitute a public nuisance and may be abated in accordance with applicable laws, including, but not limited to, chapter 15, article IX of this Code, or remediated by way of a criminal proceeding, civil action, or abatement.

(b)

Any person who violates this division shall be guilty of a misdemeanor and be punished in accordance with applicable laws, including, but not limited to, section 1-37 of this Code.

(Ord. No. 2265, § 3(Exh. A), 9-16-14)

The city council of the City of West Covina hereby finds and determines that it is the purpose and intent of this article to restrict marijuana cultivation, in order to promote the health, safety, morals and general welfare of the residents and the businesses within the City of West Covina.

(Ord. No. 2288, § 3(Exh. A), 1-19-16; Ord. No. 2299, § 5, 9-20-16)

(a)

Nothing in this article is intended, nor shall it be construed, to burden any defense to criminal prosecution under the CUA.

(b)

All the provisions of this article shall apply to all property, public and private, within the city.

(Ord. No. 2288, § 3(Exh. A), 1-19-16; Ord. No. 2299, § 5, 9-20-16)

For purposes of this division, the following definitions shall apply:

Marijuana shall have the same definition as that set forth in California Health and Safety Code section 11018.

Medical marijuana shall mean marijuana used for medical purposes in accordance with California Health and Safety Code section 11362.5.

Marijuana cultivation shall mean the planting, growing, harvesting, drying or processing of marijuana plants or any part thereof for any purpose, including medical marijuana and non-medical recreational marijuana, and shall include both indoor and outdoor cultivation.

Person shall mean any person, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer and/or salesperson.

(Ord. No. 2288, § 3(Exh. A), 1-19-16; Ord. No. 2299, § 5, 9-20-16)

(a)

Marijuana cultivation.

(1)

Outdoor cultivation. Outdoor marijuana cultivation by any person, including primary caregivers, qualified patients, and dispensaries, for any purpose including medical or non-medical (recreational) purposes is prohibited in all zoning districts within the City of West Covina.

(2)

Indoor cultivation. Cultivation of marijuana indoors, as authorized by state law for personal recreational use or intended for personal medical marijuana use, but not for commercial cannabis activity, shall be permitted as follows:

a.

For medical marijuana for personal use by persons aged twenty-one (21) or older within private residences;

b.

For non-medical marijuana (personal recreational use) by persons aged twenty-one (21) and older within private residences which are occupied exclusively by persons age twenty-one (21) or older;

provided that the cultivation is conducted in compliance with state law. No person shall cultivate more marijuana plants indoors than is expressly authorized by Health and Safety Code section 11362.2.

(b)

The cultivation of marijuana by any person, including primary caregivers and qualified patients, collective, cooperatives or dispensaries, for Commercial cannabis activity, as defined in section 26-685.9100 of this Code, or in excess of what is provided for in section 26-685.10300, subsection (a)(2) for any purpose, is prohibited on any parcel in the city, and is expressly declared to be a public nuisance.

(Ord. No. 2288, § 3(Exh. A), 1-19-16; Ord. No. 2299, § 5, 9-20-16)

Any use, structure, or property that is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this article, is hereby declared to be unlawful and a public nuisance and may be abated by the city through civil, criminal, and/or administrative proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

(Ord. No. 2288, § 3(Exh. A), 1-19-16)

(a)

Violations of this article shall be punishable pursuant to chapter 15, article IX of this Code.

(b)

This article is not the exclusive means for the abatement of marijuana cultivation within the City of West Covina. The remedies set forth pursuant to this section shall be in addition to any other existing remedies for violations of the Zoning Code, including, but not limited to, any action at law or equity.

(Ord. No. 2288, § 3(Exh. A), 1-19-16)

This division sets forth a uniform and comprehensive set of development standards for the permitting, development, placement, design, installation, operation, and maintenance of wireless telecommunication facilities within the city's public right-of-way. The purpose of these regulations is to provide clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This division provides standards necessary:

(1)

For the preservation of the public right-of-way ("PROW") in the city for the maximum benefit and use of the public;

(2)

To promote and protect public health and safety, community welfare, and the aesthetic quality of the city consistent with the goals, objectives and policies of the general plan;

(3)

To provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules and regulations, including those regulations of the Federal Communications Commission ("FCC") and California Public Utilities Commission ("CPUC"); and

(4)

To ensure that the use and enjoyment of the PROW is not inconvenienced by the use of the PROW for the placement of wireless facilities.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

This division applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the public right-of-way.

(b)

Pre-existing facilities in the PROW. Nothing in this division shall validate any existing illegal or unpermitted wireless facilities. All existing wireless facilities shall comply with and receive an encroachment permit, when applicable, in order to be considered legal and conforming.

(c)

This division does not apply to the following:

(1)

Amateur radio facilities;

(2)

OTARD antennas;

(3)

Facilities owned and operated by the city for its use or for public safety purposes;

(4)

Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement, excepting that to the extent such the terms of state or federal law, or franchise agreement, are preemptive of the terms of this division, then the terms of this division shall be severable to the extent of such preemption and all remaining regulations shall remain in full force and effect. Nothing in the exemption shall apply so as to preempt the city's valid exercise of police powers that do not substantially impair franchise contract rights;

(5)

Installation of a COW or a similar structure for a temporary period in connection with an emergency or event at the discretion of the city engineer, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

(d)

Public use. Except as otherwise provided by state or federal law, any use of the PROW authorized pursuant to this division will be subordinate to the city's use and use by the public.

( Ord. No. 2470, § 7, 5-19-20 )

Accessory equipment means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, equipment buildings, shelters, vaults, radio transceivers, transmitters, pedestals, splice boxes, fencing and shielding, surface location markers, meters, regular power supply units, fans, air conditioning units, cables and wiring, to which an antenna is attached in order to facilitate the provision of wireless telecommunication services.

Antenna means any system of wires, poles, rods, reflecting discs, or similar devices of various sizes, materials and shapes including, but not limited to, solid or wire-mesh dish, horn, spherical, or bar configured arrangements, used for the transmission or reception of electromagnetic signals.

Antenna array shall mean two (2) or more antennas having active elements extending in one (1) or more directions, and directional antennas mounted upon and rotated through a vertical mast or tower interconnecting the beam and antenna support, all of which elements are deemed to be part of the antenna.

Approval authority means the city official responsible for reviewing applications for small cell permits and vested with the authority to approve, conditionally approve or deny such applications.

Base station shall have the meaning as set forth in 47 C.F.R. § 1.40001(b)(1), or any successor provision. This means a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network (regardless of the technological configuration, and encompassing DAS and small cells). "Base station" does not encompass a tower or any equipment associated with a tower. Base station includes, without limitation:

(1)

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(2)

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small cells).

(3)

Any structure other than a tower that, at the time the relevant application is filed with the city under this division, supports or houses equipment described in subsections (1) and (2) of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.

(4)

"Base station" does not include any structure that, at the time the relevant application is filed under this division, does not support or house equipment described in subsections (1) and (2) of this definition. Other structures that do not host wireless telecommunications facilities are not "base stations."

As an illustration and not a limitation, the FCC's definition of "base station" refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight from wireless equipment constitutes a base station.

Cellular means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

City means the City of West Covina.

City engineer means the city engineer, or his or her designee.

Code means the West Covina Municipal Code.

Collocation means the placement of antennas, dishes, or similar devices owned or used by two (2) or more telecommunication providers on one (1) antenna support structure, building, pole, or structure.

Concealed or concealment means camouflaging techniques that integrate the transmission equipment into the surrounding natural and/or built environment such that the average, untrained observer cannot directly view the equipment but would likely recognize the existence of the wireless facility or concealment technique.

COW means a "cell on wheels," which is a portable, self-contained wireless telecommunications facility that can be moved to a location and set up to provide wireless telecommunication services, which facility is temporarily rolled in, or temporarily installed, at a location. Under this division, the maximum time a facility can be installed to be considered a COW is five (5) days. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure.

Decorative pole means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the public rights-of-way in which the pole is located.

Distributed antenna system or DAS means a network of spatially separated antennas (nodes) connected to a common source (a hub) via a transport medium (often fiber optics) that provide wireless telecommunications service within a specific geographic area or building. DAS includes the transport medium, the hub, and any other equipment to which the DAS network or its antennas or nodes are connected to provide wireless telecommunication services.

Eligible facilities request means any request for modification to an existing eligible support structure that does not substantially change the physical dimensions of such structure, involving:

(1)

Collocation of new transmission equipment;

(2)

Removal of transmission equipment;

(3)

Replacement of transmission equipment (replacement does not include completely replacing the underlying support structure); or

(4)

Hardening through structural enhancement where such hardening is necessary to accomplish the eligible facilities request, but does not include replacement of the underlying support structure.

Eligible facilities request does not include modifications or replacements when an eligible support structure was constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. "Eligible facilities request" does include collocation facilities satisfying all the requirements for a non-discretionary collocation facility pursuant to Government Code § 65850.6.

Eligible support structure means any support structure located in the PROW that is existing at the time the relevant application is filed with the city under this division.

Existing means a support structure, wireless telecommunications facility, or accessory equipment that has been reviewed and approved under the city's applicable zoning or permitting process, or under another applicable state or local regulatory review process, and lawfully constructed prior to the time the relevant application is filed under this division. However, a support structure, wireless telecommunications facility, or accessory equipment that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is "existing" for purposes of this division. "Existing" does not apply to any structure that:

(1)

Was illegally constructed without all proper local agency approvals; or

(2)

Was constructed in noncompliance with such approvals. "Existing" does not apply where an existing support structure is proposed to be replaced in furtherance of the proposed wireless telecommunications facility.

Facility(ies) means wireless telecommunications facility(ies).

FCC means the Federal Communications Commission.

FCC shot clock means the presumptively reasonable time frame within which the city generally must act on a given wireless application, as defined by the FCC and as may be amended from time to time. The shot clock shall commence on "day zero," which is the day the WTFP application is submitted.

Ground-mounted means mounted to a pole, tower or other freestanding structure which is specifically constructed for the purpose of supporting an antenna or wireless telecommunications facility and placed directly on the ground at grade level.

Lattice tower means an open framework structure used to support one (1) or more antennas, typically with three (3) or four (4) support legs.

Located within (or in) the public right-of-way includes any facility which in whole or in part, itself or as part of another structure, rests upon, in, over or under the PROW.

Ministerial permit means any city-issued non-discretionary permit required to commence or complete any construction or other activity subject to the city's jurisdiction. Ministerial permits may include, without limitation, a building permit, construction permit, electrical permit, encroachment permit, excavation permit and/or traffic control permit.

Modification means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement or maintenance if those actions do not involve whatsoever any expansion, alteration, enlargement, intensification, reduction, or augmentation of an existing wireless telecommunications facility.

Monopole means a structure composed of a pole or tower used to support antennas or related equipment. A monopole includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole (e.g., water tower).

Mounted means attached or supported.

OTARD antennas means antennas covered by the "over-the-air reception devices" rule in 47 C.F.R. § 1.4000 et seq., as may be amended or replaced from time to time.

Permittee means any person or entity granted a wireless telecommunication facilities permit (WTFP) pursuant to this division.

Personal wireless services shall have the same meaning as set forth in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended or superseded, which defines the term as commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services.

Planning director means the director of community development, or his or her designee.

Pole means a single shaft of wood, steel concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code.

Public right-of-way or PROW means a strip of land acquired by reservation, dedication, prescription, condemnation, or easement that allows for the passage of people and goods. The PROW includes, but is not necessarily limited to, streets, curbs, gutters, sidewalks, roadway medians, parkways, and parking strips. The PROW does not include land owned, controlled or operated by the city for uses unrelated to streets or the passage of people and goods, such as, without limitation, parks, city hall and community center lands, city yards, and lands supporting reservoirs, water towers, police or fire facilities and non-publicly accessible utilities.

Replacement refers only to replacement of transmission equipment, wireless telecommunications facilities or eligible support structures where the replacement structure will be of like-for-like kind to resemble the appearance and dimensions of the structure or equipment replaced, including size, height, color, landscaping, materials and style.

(1)

In the context of determining whether an application qualifies as an eligible facilities request, the term "replacement" relates only to the replacement of transmission equipment and does not include replacing the support structure on which the equipment is located.

(2)

In the context of determining whether a SWF application qualifies as being placed upon a new eligible support structure or qualifies as a collocation, an application proposing the "replacement" of the underlying support structure qualifies as a new pole proposal.

Radiofrequency emissions (RF) means the electromagnetic signals transmitted and received using wireless telecommunication antennas.

Section 6409 means Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, Pub. L. No. 112-96, 126 Stat. 156, codified as 47 U.S.C. § 1455(a), as may be amended. The Middle Class Tax Relief and Job Creation Act of 2012 is also referenced herein occasionally as the "Spectrum Act."

Small cell means a low-powered antenna (node) that has a range of ten (10) meters to two (2) kilometers. The nodes of a "small cell" may or may not be connected by fiber. "Small," for purposes of "small cell," refers to the area covered, not the size of the facility. "Small cell" includes, but is not limited to, devices generally known as microcells, picocells and femtocells.

Small cell network means a network of small cells.

Substantial change has the same meaning as "substantial change" as defined by the FCC at 47 C.F.R. 1.40001(b)(7). Notwithstanding the definition above, if an existing pole-mounted cabinet is proposed to be replaced with an underground cabinet at a facility where there are no pre-existing ground cabinets associated with the structure, such modification may be deemed a non-substantial change, in the discretion of the planning director and based upon his/her reasonable consideration of the cabinet's proximity to residential view sheds, interference to public views and/or degradation of concealment elements. If undergrounding the cabinet is technologically infeasible such that it is materially inhibitive to the project, the planning director may allow for a ground mounted cabinet. A modification or collocation results in a "substantial change" to the physical dimensions of an eligible support structure if it does any of the following:

(1)

It increases the height of the structure by more than ten (10) percent or more than ten (10) feet, whichever is greater;

(2)

It involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

(3)

It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets. However, for towers and base stations located in the public rights-of-way, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure;

(4)

It entails any excavation or deployment outside the current site. For purposes of this subsection, excavation outside the current site occurs where excavation more than twelve (12) feet from the eligible support structure is proposed;

(5)

It defeats the concealment or stealthing elements of the eligible support structure; or

(6)

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections (1) through (4) of this definition.

(7)

For all proposed collocations and modifications, a substantial change occurs when:

a.

The proposed collocation or modification involves more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) equipment cabinets;

b.

The proposed collocation or modification would defeat the concealment elements of the support structure; or

c.

The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is inconsistent with the thresholds for a substantial change described in this section.

The thresholds and conditions for a "substantial change" described in this section are disjunctive such that the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this section are cumulative for each individual support structure. The cumulative limit is measured from the physical dimensions of the original structure for base stations, and for all other facilities sites in the PROW from the smallest physical dimensions that existed on or after February 22, 2012, inclusive of originally approved-appurtenances and any modifications that were approved prior to that date.

Support structure means a tower, pole, base station or other structure used to support a wireless telecommunications facility.

SWF means a "small wireless facility" as defined by the FCC in 47 C.F.R. 1.6002(1), as may be amended, which are personal wireless services facilities that meet all the following conditions that, solely for convenience, have been set forth below:

(1)

The facility:

a.

Is mounted on an existing or proposed structure fifty (50) feet or less in height, including antennas, as defined in 47 C.F.R. § 1.1320(d);

b.

Is mounted on an existing or proposed structure no more than ten (10) percent taller than other adjacent structures; or

c.

Does not extend an existing structure on which it is located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater;

(2)

Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. § 1.1320(d)), is no more than three (3) cubic feet in volume;

(3)

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is no more than twenty-eight (28) cubic feet in volume;

(4)

The facility does not require antenna structure registration under 47 C.F.R. part 17;

(5)

The facility is not located on tribal lands, as defined under 36 C.F.R. § 800.16(x); and

(6)

The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).

Telecommunications tower or tower bears the meaning ascribed to wireless towers by the FCC in 47 C.F.R. § 1.40001(b)(9), including without limitation a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

Transmission equipment means equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission. A telecommunications tower is not a utility pole.

Wireless telecommunications facility means a mechanical device, land, and/or structure that is used to transmit and/or receive electromagnetic signals, including, but not limited to, antennas, microwave dishes, horn, and other types of equipment for the transmission or receipt of such signals, free-standing wireless facilities, equipment buildings or cabinets, parking areas, and other accessory development. Exceptions: The term "wireless telecommunications facility" does not apply to the following:

(1)

Government-owned and operated telecommunications facilities.

(2)

Emergency medical care provider-owned and operated telecommunications facilities.

(3)

Mobile services providing public information coverage of news events of a temporary nature.

(4)

Any wireless telecommunications facilities exempted from this Code by federal law or state law.

Wireless telecommunications services means the provision of services using a wireless telecommunications facility or a collocation facility, and shall include, but not be limited to, the following services: personal wireless services as defined in the Federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.

WTFP means a "wireless telecommunications facility permit" required by this division, which may be categorized as either a major WTFP or a minor WTFP.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

Administration. The planning director is responsible for administering this division As part of the administration of this division, the director may:

(1)

Interpret the provisions of this division;

(2)

Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this division;

(3)

Collect, as a condition of the completeness of any application, any fee established by this division;

(4)

Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with federal laws and regulations;

(5)

Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;

(6)

Require, as part of, and as a condition of completeness of any application, that an applicant for a wireless telecommunication facilities permit send notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;

(7)

Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and

(8)

Take such other steps as may be required to timely act upon applications for placement of wireless telecommunications facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

(b)

Administrative review ("minor WTFP") required.

(1)

Certain wireless telecommunication facilities, collocations, modifications, or replacements to an eligible support structure is subject to the planning director's review of an administrative review application, if the following criteria are met:

a.

The proposal is determined to be for a SWF, or an eligible facilities request;

b.

The proposal complies with the adopted Design Guidelines for Wireless Telecommunication Facilities in the PROW;

c.

The location of the proposed wireless telecommunication facility is no less than five hundred (500) feet from an existing or approved wireless telecommunication facility location; and

d.

The location of any proposed SWF is no less than five hundred (500) feet from the location of a proposed SWF within the same application bundle.

(2)

In the event that the planning director determines that any minor WTFP application submitted does not meet the application criteria of this division, the director shall convert the application to a major WTFP and refer it to the planning commission for consideration at a public hearing.

(c)

Major wireless telecommunications facilities permit ("major WTFP") required. All new wireless telecommunications facilities or replacements, collocations, or modifications to a wireless telecommunications facility that are not qualified for an administrative review shall require a major WTFP subject to planning commission hearing and approval unless otherwise provided for in this division.

(d)

Other permits required. In addition to any permit that may be required under this division, the applicant must obtain all other required prior permits or other approvals from other city departments/divisions, or state or federal agencies. Any permit granted under this division is subject to the conditions and/or requirements of other required prior permits or other approvals from other city departments/division, state or federal agencies. Building and encroachment permits, and all city standards and requirements therefor, are applicable. The planning director and/or planning commission approval of any permits pursuant to this division does not constitute an encroachment permit, and/or other permits issued by other city departments/division to allow the physical installation of the wireless telecommunications facility.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

General. The applicant shall submit a paper copy and an electronic copy of any application, amendments, modifications, or supplements to a WTFP application, or responses to requests for information regarding a WTFP, including all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate or otherwise deploy wireless facilities within the city's jurisdictional and territorial boundaries within the PROWs, in accordance with the provisions of this section.

(1)

The city requires a pre-application submittal meeting for a major WTFP. The city does not require a pre-application submittal meeting for a minor WTFP; however, the city strongly encourages applicants to schedule and attend a pre-application submittal conference with the approval authority for all proposed minor WTFP projects, and particularly those that involve more than five (5) minor WTFPs.

a.

Pre-submittal conferences do not cause the FCC shot clock to begin and are intended to streamline the review process through informal discussion that includes, without limitation, the appropriate project classification and review process; any latent issues in connection with the proposed project, including compliance with generally applicable rules for public health and safety; potential concealment issues or concerns (if applicable); coordination with other city departments/divisions responsible for application review; and application completeness issues.

b.

To mitigate unnecessary delays due to application incompleteness, applicants are encouraged (but not required) to bring any draft applications or other materials so that city staff may provide informal feedback and guidance about whether such applications or other materials may be incomplete or unacceptable. The approval authority shall use reasonable efforts to provide the applicant with an appointment within five (5) working days after receiving a written request and any applicable fee or deposit to reimburse the city for its reasonable costs to provide the services rendered in the pre-submittal conference.

c.

Any request for a pre-submittal conference shall be in writing and shall confirm that any drafts to be provided to the city at the pre-submittal conference will not be deemed as "submissions" triggering the start of any FCC shot clock.

(2)

All applications for WTFPs shall be initially submitted to the planning division. Each applicant shall fully and completely submit to the city a written application on a form prepared by the planning division.

(3)

Major WTFP applications must be submitted to the planning division at a schedule d application submission appointment. City staff will endeavor to provide applicants with an appointment within five (5) business days after receipt of a written request therefor. A WTFP application will only be reviewed upon submission of a complete application therefor. A pre-submission appointment is not required for minor WTFPs.

(4)

For SWF, applicants may submit up to five (5) individual applications for a WTFP in a batch; provided, however, that SWF in a batch must be proposed with substantially the same equipment in the same configuration on the same support structure type. Each application in a batch must meet all the requirements for a complete application, which includes without limitation the application fee for each site in the batch. If any application in a batch is incomplete, the entire batch shall be deemed incomplete. If any application is withdrawn or deemed withdrawn from a batch as described in this division, the entire batch shall be deemed withdrawn. If any application in a batch fails to meet the required findings for approval, the entire batch shall be denied.

(5)

If the wireless telecommunications facility will also require the installation of fiber, cable, or coaxial cable, such cable installations shall be included within the application form and processed in conjunction with the proposal for vertical support structure(s). Applicants shall simultaneously request fiber installation or other cable installation when seeking to install antennas in the PROW. Standalone applications for the installation of fiber, cable, or coaxial cable, or accessory equipment designed to serve an antenna must include all features of the wireless telecommunications facility proposed.

(b)

Application contents—Minor WTFPs. The content of the application form for facilities subject to a minor WTFP shall be determined by the planning director in addition to all other information reasonably deemed necessary, but at a minimum shall include the following:

(1)

The name of the applicant, its telephone number, mailing address, electronic mail address, and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the wireless facility.

(2)

The name of the owner of the structure, if different from the applicant, and a signed and notarized owner's authorization for use of the structure.

(3)

A complete description of the proposed wireless telecommunications facility and any and all work that will be required to install or modify it, including, but not limited to, details regarding proposed excavation, if any; detailed site plans showing the location of the wireless telecommunications facility, and dimensioned drawings with specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and a dimensioned map identifying and describing the distance to the nearest residential dwelling unit and any historical structure within two hundred fifty (250) feet of the facility. Before and after three hundred sixty-degree photo simulations shall be provided.

(4)

Documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the municipal code and the FCC's radio frequency emissions standards.

(5)

A copy of the lease or other agreement, if any, between the applicant and the owner of the property to which the proposed facility will be attached.

(6)

If the application is for a SWF, the application shall state as such and shall explain why the proposed facility meets the definition of a SWF.

(7)

If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must demonstrate that the eligible support structure was not constructed or deployed without proper local review, was not required to undergo local review, or involves equipment that was not properly approved. This shall include copies of all applicable local permits in-effect and as-built drawings of the current site. Before and after three hundred sixty-degree photo simulations shall be provided, as well as documentation sufficient to show that the proposed facility will comply with generally-applicable health and safety provisions of the municipal code and the FCC's radio frequency emissions standards.

(8)

For SWFs, the application shall also contain:

a.

Application fee. The applicant shall submit the applicable SWF WTFP application fee established by city council resolution. Batched applications for major WTFP projects must include the applicable application fee for each SWF in the batch.

b.

Construction drawings. The applicant shall submit true and correct construction drawings, prepared, signed and stamped by a California licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to the proposed project, which includes without limitation any and all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, manholes, fire hydrants, equipment cabinets, antennas, cables, trees and other landscape features. The construction drawings shall:

1.

Contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes without limitation the manufacturer, model number, and physical dimensions;

2.

Identify all structures within five hundred (500) feet from the proposed project site and indicate such structures' overall height above ground level;

3.

Depict the applicant's plan for electric and data backhaul utilities, which shall include the locations for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; and

4.

Demonstrate that proposed project will be in full compliance with all applicable health and safety laws, regulations or other rules, which includes without limitation all building codes, electric codes, local street standards and specifications, and public utility regulations and orders.

c.

Site survey. For any SWF proposed to be located within the PROW, the applicant shall submit a survey prepared, signed, and stamped by a California licensed or registered engineer. The survey must identify and depict all existing boundaries, encroachments and other structures within five hundred (500) feet from the proposed project site, which includes without limitation all:

1.

Traffic lanes;

2.

All private properties and property lines;

3.

Above and below-grade utilities and related structures and encroachments;

4.

Fire hydrants, roadside call boxes and other public safety infrastructure;

5.

Streetlights, decorative poles, traffic signals and permanent signage;

6.

Sidewalks, driveways, parkways, curbs, gutters and storm drains;

7.

Benches, trash cans, mailboxes, kiosks and other street furniture; and

8.

Existing trees, planters and other landscaping features.

d.

Photo simulations. The applicant shall submit site photographs and three hundred sixty-degree photo simulations that show the existing location and proposed SWF in context from at least three (3) vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the proposed site location and the photo location for each vantage point.

e.

Project narrative and justification. The applicant shall submit a written statement that explains in plain factual detail whether and why the proposed wireless facility qualifies as a SWF as defined by the FCC in 47 C.F.R. 1.6002(1). A complete written narrative analysis will state the applicable standard and all the facts that allow the city to conclude the standard has been met—bare conclusions not factually supported do not constitute a complete written analysis. As part of the written statement the applicant must also include:

1.

Whether and why the proposed support is a structure as defined by the FCC in 47 C.F.R. § 1.6002(m); and

2.

Whether and why the proposed wireless facility meets each required finding for a SWF permit as provided in section 12.18.060 (Review Procedure).

f.

RF compliance report. The applicant shall submit an RF exposure compliance report that certifies that the proposed SWF, as well as any collocated wireless facilities, will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and certified by an RF engineer acceptable to the city. The RF report must include the actual frequency and power levels (in watts ERP) for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

g.

Regulatory authorization. The applicant shall submit evidence of the applicant's regulatory status under federal and California law to provide the services and construct the SWF proposed in the application.

h.

Site agreement. For any SWF proposed to be installed on any structure owned or controlled by the city and located within the public rights-of-way, the applicant must enter into a site agreement prepared on a form prepared by the city and approved by the city attorney that states the terms and conditions for such non-exclusive use by the applicant. No changes shall be permitted to the city's form site agreement except as may be indicated on the form itself. Any unpermitted changes to the city's form site agreement shall be deemed a basis to deem the application incomplete.

i.

Acoustic analysis. The applicant shall submit an acoustic analysis prepared and certified by an acoustic engineer for the proposed SWF and all associated equipment including all environmental control units, sump pumps, temporary backup power generators and permanent backup power generators demonstrating compliance with the following noise regulations:

1.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

2.

At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA three (3) feet from the source of the noise if the facility is located in the public right-of-way adjacent to a business, commercial, manufacturing, utility or school zone; provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall not exceed forty-five (45) dBA three (3) feet from the sources of the noise.

3.

The acoustic analysis shall also include an analysis of the manufacturers' specifications for all noise-emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. In lieu of an acoustic analysis, the applicant may submit evidence from the equipment manufacturer that the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed the applicable limits.

j.

Wind load analysis. The applicant shall submit a wind load analysis with an evaluation of high wind load capacity and shall include the impact of modification of an existing facility.

k.

Environmental data. A completed environmental assessment application, or in the alternative any and all documentation identifying the proposed WTFP as exempt from environmental review (under the California Environmental Quality Act, Public Resources Code 21000— 21189, the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., or related environmental laws). Notwithstanding any determination of environmental exemption issued by another governmental entity, the city reserves its right to exercise its rights as a responsible agency to review de novo the environmental impacts of any WTFP application.

l.

Traffic control plan. A traffic control plan when the proposed installation is on any street in a non-residential zone. The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g., crane).

m.

Landscape plan. A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the SWF and its accessory equipment.

n.

CPCN. Certification that applicant is a telephone corporation or a statement providing the basis for its claimed right to enter the PROW. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

o.

Master deployment plan. A master deployment plan showing the locations of existing and proposed small wireless facilities over the next two (2) years.

(9)

If the applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim. Applicants are not permitted to supplement this showing if doing so would prevent the city from complying with any deadline for action on an application or FCC shot clock.

(c)

Application contents—Major WTFPs. The application form for a major WTFP shall require the following information, in addition to all other information determined necessary by the planning director:

(1)

The name, address, and telephone number of the applicant, owner, and the operator of the proposed wireless telecommunication facility.

(2)

If the applicant does not, or will not, own the support structure, the applicant shall provide a duly-executed letter of authorization from the owner of the structure. If the owner of the support structure is the applicant, but such owner/applicant will not directly provide wireless telecommunications services, the owner/applicant shall provide a duly-executed letter of authorization from the person(s) or entity(ies) that will provide those services.

(3)

A full written description of the proposed wireless telecommunications facility and its purpose.

(4)

Detailed engineering plans of the proposed wireless telecommunications facility and related report prepared by a professional engineer registered in the state documenting the following:

a.

Height/elevation, diameter, layout and design of the facility, including technical engineering specifications, economic and other pertinent factors governing selection of the proposed design, together with evidence that demonstrates that the proposed facility has been designed to be the least intrusive equipment within the particular technology available to the carrier for deployment.

b.

A photograph and model name and number of each piece of the facility or proposed antenna array and accessory equipment included.

c.

Power output and operating frequency for the proposed antenna array (including any antennas existing as of the date of the application serving the carrier identified in the application).

d.

Total anticipated capacity of the wireless telecommunications facility for the subject carrier, indicating the number and types of antennas and power and frequency ranges, which can be accommodated.

e.

Sufficient evidence of the structural integrity of the support structure as required by the city.

(5)

A written description identifying the geographic service area to be served by the proposed WTFP, plus geographic or propagation maps showing applicant's service area objectives.

(6)

A justification study which includes the rationale for selecting the proposed wireless telecommunication facility design, support structure and location. A detailed explanation of the applicant's coverage objectives that the proposal would serve, and how the proposed use is the least intrusive means for the applicant to cover such objectives. This shall include:

a.

A meaningful comparative analysis that includes all factual reasons why the proposed location and design deviates from, or is the least compliant means of, or not the least intrusive location and design necessary to reasonably achieve the applicant's reasonable objectives of covering an established significant gap (as established under state and federal law).

b.

The study shall include all eligible support structures and/or alternative sites evaluated for the proposed major WTFP, and why the alternatives are not reasonably available, technically feasible options that most closely conform to the local values. The alternative site analysis must include the consideration of at least two (2) eligible support structures; or, if no eligible support facilities are analyzed as alternatives, why no eligible support facilities are reasonably available or technically feasible.

c.

If a portion of the proposed facility lies within a jurisdiction other than the city's jurisdiction, the applicant must demonstrate that alternative options for locating the project fully within one (1) jurisdiction or the other is not a viable option. Applicant must demonstrate that it has obtained all approvals from the adjacent jurisdiction for the installation of the extra-jurisdictional portion of the project.

(7)

Site plan(s) to scale, specifying and depicting the exact location of the proposed wireless telecommunications facility, location of accessory equipment in relation to the support structure, access or utility easements, existing utilities, adjacent land uses, and showing compliance with all design and safety requirements set forth in this division.

(8)

A completed environmental assessment application, or in the alternative any and all documentation identifying the proposed WTFP as exempt from environmental review (under the California Environmental Quality Act, Public Resources Code 21000-21189, the National Environmental Policy Act, 42 U.S.C. § 4321 et seq., or related environmental laws). Notwithstanding any determination of environmental exemption issued by another governmental entity, the city reserves its right to exercise its rights as a responsible agency to review de novo the environmental impacts of any WTFP application.

(9)

An accurate visual impact analysis showing the maximum silhouette, view-shed analysis, color and finish palette and proposed screening for the wireless telecommunications facility, including scaled photo simulations from at least three (3) different angles.

(10)

Completion of the RF emissions exposure guidelines checklist contained in Appendix A to the FCC's "Local Government Official's Guide to Transmitting Antenna RF Emission Safety" to determine whether the facility will be "categorically excluded" as that term is used by the FCC.

(11)

For a facility that is not categorically excluded under the FCC regulations for RF emissions, the applicant shall submit an RF exposure compliance report prepared and certified by an RF engineer acceptable to the city that certifies that the proposed facility, as well as any facilities that contribute to the cumulative exposure in the subject area, will comply with applicable federal RF exposure standards and exposure limits. The RF report must include the actual frequency and power levels (in watts effective radio power "ERP") for all existing and proposed antennas at the site and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC). Each such boundary shall be clearly marked and identified for every transmitting antenna at the project site.

(12)

Copies of any documents that the applicant is required to file pursuant to Federal Aviation Administration regulations for the proposed wireless telecommunications facility.

(13)

A noise study prepared by a qualified acoustic engineer documenting that the level of noise to be emitted by the proposed wireless telecommunications facility will comply with this Code, including chapter 15, article IV (Noise Regulations) of this Code.

(14)

A traffic control plan. The city shall have the discretion to require a traffic control plan when the applicant seeks to use large equipment (e.g., crane).

(15)

A scaled conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the wireless telecommunication facility.

(16)

Certification that applicant is a telephone corporation, or a statement providing the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

(17)

Evidence that the proposed wireless facility qualifies as a personal wireless services facility.

(18)

Address labels for use by the city in noticing all property owners and occupants of properties within three hundred (300) feet of the proposed wireless telecommunication facility and, if applicable, all public hearing information required by the municipal code for public noticing requirements.

(19)

Any other information and/or studies reasonably determined to be necessary by the planning director(s) may be required.

(d)

Application fees and deposits. For all WTFPs, application fee(s) and the establishment of deposits to cover outside consultant costs shall be required to be submitted with any application, as established by city council resolution and in accordance with California Government Code section 50030.

(1)

Reasonable costs of city staff, consultant and attorney time (including that of the city attorney) pertaining to the review, processing, noticing and hearing procedures directly attributable to a WTFP shall be reimbursable to the city. To this end, the planning director, as applicable, may require applicants to enter a deposit reimbursement agreement, in a form approved by the city attorney, or other established deposit accounting mechanism for purposes of obtaining an applicant deposit from which the direct costs of city processing of an application may be drawn-down.

(e)

Effect of state or federal law on application process. In the event a state or federal law prohibits the collection of any information or application conditions required by this section, the planning director is authorized to omit, modify, or add to that request from the city's application form in consultation with the city attorney. Requests for waivers from any application requirement of this section shall be made in writing to the planning director. The planning director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the city will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the WTFP sought. All waivers approved pursuant to this subsection shall be:

(1)

Granted only on a case-by-case basis; and

(2)

Narrowly-tailored to minimize deviation from the requirements of the municipal code.

(f)

Applications deemed withdrawn. To promote efficient review and timely decisions, any application governed by this division will be automatically deemed withdrawn by the applicant when the applicant fails to tender a substantive response to the city on any application within thirty (30) calendar days after the application is deemed incomplete in a written notice to the applicant. The planning director (as applicable) may grant a written extension for up to an additional thirty (30) calendar days when the applicant submits a written request prior to the application deemed automatically withdrawn that shows good cause to grant the extension.

(g)

Waiver of applications superseded by submission of new project. If an applicant submits a WTFP application, but substantially revises the proposed facility during the application process prior to any city hearing or decision on such application, the substantially revised application shall be deemed a new application for all processing purposes, including FCC shot clocks, and the prior submittals deemed waived and superseded by the substantially revised application. For purposes of this subparagraph, "substantially revised" means that the project as initially-proposed has been alternately proposed for a location three hundred (300) feet or more from the original proposal or constitutes a substantial change in the dimensions or equipment that was proposed in the original WTFP application.

(h)

Rejection for incompleteness. WTFPs will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, it may be rejected by the planning director by notifying the applicant in writing and specifying the material omitted from the application.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

General wireless telecommunications facilities shall be installed and modified in a manner that minimizes risk to public safety and utilizes installation of new support structures or equipment cabinets in the PROW only after all existing and replacement structure options have been exhausted, and where feasible, places equipment underground, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the PROW; and ensures that the city bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the PROW, or hinder the ability of the city or other government agencies to improve, modify, relocate, abandon, or vacate the PROW or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the PROW.

(b)

Collocation encouraged. Where the facility site is capable of accommodating a collocated facility upon the same site in a manner consistent with the permit conditions for the existing facility, the owner and operator of the existing facility shall allow collocation of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions therefor.

(c)

Findings required for approval of a WTFP.

(1)

Minor WTFP for SWF. For minor WTFP applications proposing a SWF, the planning director or planning commission shall approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made:

a.

The facility qualifies as a SWF;

b.

The facility is not detrimental to the public health, safety, and welfare;

c.

The SWF meets applicable requirements and standards of state and federal law;

d.

The facility meets applicable requirements under this division and complies with the adopted design guidelines.

(2)

Minor WTFP for EFR. For minor WTFP applications proposing an eligible facilities request, the planning director shall approve such application if, on the basis of the application and other materials or evidence provided in review thereof, all of the following findings can be made:

a.

That the application qualifies as an eligible facilities request; and

b.

That the proposed facility will comply with all generally-applicable laws.

(3)

Major WTFP. No major WTFP shall be granted unless all of the following findings are made by the applicable decision-maker:

a.

The proposed wireless telecommunications facility has been designed and located in compliance with all applicable provisions of this division;

b.

If applicable, the applicant has demonstrated its inability to locate on an eligible support structure;

c.

The applicant has provided sufficient evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way;

d.

If applicable, the applicant has provided sufficient evidence supporting the applicant's claim that compliance with the adopted design guidelines would be technically infeasible;

e.

The applicant has demonstrated the proposed installation is designed such that the proposed installation represents the least intrusive means possible, supported by factual evidence and a meaningful comparative analysis to show that all alternative locations and designs identified in the application review process were technically infeasible or not reasonably available.

(d)

Noticing. The provisions in this section describe the procedures for the approval process, any required notice and public hearings for a WTFP application.

(1)

Major WTFP applications. Any major WTFP application shall require notice and a public hearing. The public hearing notices shall be provided as set forth in section 26-206 of the West Covina Municipal Code.

(e)

Notice of decision. Within five (5) days after any decision to grant, approve, deny, or conditionally grant any WTFP application, the planning director, as applicable, shall provide written notice based on substantial evidence in the written administrative record including the following:

(1)

A general explanation of the decision, including the findings required for the decision, if any, and how those findings were supported or not supported by substantial evidence;

(2)

A general description of the property involved;

(3)

Information about applicable rights to appeal the decision, costs to appeal and explanation of how that right may be exercised; and

(4)

To be given by first class mail to the project applicant and property owner;

(5)

Once a WTFP is approved, no changes shall be made to the approved plans without review and approval in accordance with this division;

(6)

Because section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions, no decision upon a WTFP shall be premised upon the environmental or health effects of RF emissions, nor shall public comments be considered to the extent they are premised upon the environmental or health effects of RF emissions.

(f)

Appeals.

(1)

An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the wireless facility. Because section 332(c)(7) of the Telecommunications Act preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions, appeals of WTFP decision premised on the environmental effects of radio frequency emissions will not be considered.

(2)

WTFP appeals. Any person claiming to be adversely affected by a decision of a major WTFP pursuant to this division may appeal such decision as provided in accordance with the appeal provisions in section 26-212 of the West Covina Municipal Code.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

Wireless telecommunication facility design and development standards. Wireless telecommunication facilities in the PROW are subject to the design and development standards and conditions of approval set forth herein. All wireless telecommunication facilities shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following standards:

(1)

Concealment. All wireless telecommunication facilities shall employ concealment, screening, undergrounding, and camouflage methods and techniques in order to ensure that the facility is visually screened and blends into the environment to prevent the facility from dominating the surrounding area, as well as to be compatible with the architectural character of the surrounding buildings or structures per the adopted design guidelines.

(2)

Location.

a.

Wireless telecommunication facilities shall not be located within the center median of any street.

b.

SWFs shall not be located within fifteen (15) feet from any structure used for residential purposes in the PCD-1 zone.

c.

SWFs shall not be located within thirty (30) feet from any structure used for residential purposes in all other land-use zones outside of the PCD-1 zone.

d.

SWFs may not encroach onto or over any private or other property outside the PROW unless on a recorded utility easement.

e.

Wireless telecommunication facilities shall not be located within the drip-line of any tree located on private property as set forth in section 26-294 (Protection of trees during development activity) of this Code.

f.

All wireless telecommunications facilities subject to a major WTFP shall not be located in the PROW adjacent to properties used for residential purposes.

g.

All wireless telecommunications facilities subject to a major WTFP shall not be located in the PROW within one hundred (100) feet of designated historic buildings.

(c)

Noise. All wireless telecommunication facilities and accessory equipment shall comply with all applicable noise control standards and regulations stated in this division, including the following:

(1)

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

(2)

At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA three (3) feet from the source of the noise if the facility is located in the public right-of-way adjacent to a business, commercial, manufacturing, utility or school zone; provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall not exceed forty-five (45) dBA three (3) feet from the sources of the noise.

(d)

Landscaping. Wireless telecommunication facilities shall not displace any existing landscape features in the PROW unless:

(1)

Such displaced landscaping is replaced with plants, trees or other landscape features approved by the public services director or his or her designee; and

(2)

The applicant submits and adheres to a landscape maintenance plan. The landscape plan must include existing vegetation, and vegetation proposed to be removed or trimmed, and the landscape plan must identify proposed landscaping by species type, size and location. Landscape maintenance shall be performed in accordance to the public services director, or his or her designee. To preserve existing landscaping in the PROW, all work performed in connection with wireless telecommunication facilities shall not cause any street trees to be trimmed, damaged or displaced. If any street trees are damaged or displaced, the applicant shall be responsible, at its sole cost and expense, to plant and maintain replacement trees at the site for the duration of the permit term.

(e)

No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.

(f)

Accessory equipment. Not including the electric meter, all accessory equipment shall be located underground unless city staff determines that there is no room in the PROW for undergrounding or that undergrounding is not feasible. Such accessory equipment shall be enclosed with a structure and shall be fully screened and camouflaged, including the use of landscaping, architectural treatment or other acceptable alternate screening method. Required electrical meters or cabinets shall be screened and/or camouflaged per the adopted design guidelines.

(g)

Support structures. Only pole-mounted antennas shall be permitted in the PROW. Mounting to all other forms of support structure in the PROW are prohibited.

(1)

Utility poles. Wireless telecommunication facilities proposed to be installed on an existing utility pole must install all antennas above the pole unless the applicant demonstrates that mounting the antennas above the pole would be technically infeasible as supported by clear and convincing evidence in the written record. The maximum height of any antenna or equipment above the pole shall not exceed five (5) feet. Antennas must be concealed within a shroud. All cables, wires and other connectors must be concealed within the side-arm mount or extension arm of a wood pole and within the inside of any other pole. The maximum horizontal separation between the antenna and the pole shall be the minimum separation required by applicable health and safety regulations.

(2)

Streetlight poles. The maximum height of any antenna and equipment shall not exceed five (5) feet above the existing height of other streetlight pole(s) installed along the same street.

(3)

Replacement poles. If an applicant proposes to replace a pole that is an eligible support structure to accommodate the proposed facility, the replacement pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible.

(4)

New, non-replacement poles. Wireless telecommunication facilities on a new, non-replacement pole must install a new streetlight pole substantially similar to the city's and/or electric utility provider's standards and specifications but designed to accommodate wireless antennas and accessory equipment located immediately adjacent to the proposed location. If there are no existing streetlights in the immediate vicinity, the applicant may install a metal or composite pole capable of concealing all the accessory equipment either within the pole or within an integrated enclosure located at the base of the pole. The pole diameter shall not exceed twelve (12) inches. All antennas, whether on a new streetlight or other new pole, must be installed above the pole within a single, canister style shroud or radome, and shall comply with the following:

a.

The new pole must function for a purpose other than placement of a wireless facility (e.g., street light, street sign poles, etc.).

b.

The design must match the dimensions and design of existing and similar types of poles and antennas in the surrounding areas.

(h)

Obstructions; public safety. SWF and any associated equipment or improvements shall not physically interfere with or impede access to any:

(1)

Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or cause safety hazards to pedestrians and motorists.

(2)

A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.

(3)

Doors, gates, sidewalk doors, passage doors, stoops or other ingress and egress points to any building appurtenant to the rights-of-way;

(b)

Eligible facilities request design and development standards. Approved eligible facilities requests for which the findings set forth in section 26-685.11500 have been made are subject to the following, unless modified by the approving authority:

(1)

WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit and all such conditions that were applicable to the facility prior to approval of the subject eligible facility request.

(2)

No permit term extension. The city granting, or granting by operation of law, of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the city's granting, or granting by operation of law, of an eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall have the same term as the underlying permit or other regulatory approval for the subject tower or base station.

(3)

No waiver of standing. The city's granting, or granting by operation of law, of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge section 6409(a) of the Spectrum Act, any FCC rules that interpret section 6409(a) of the Spectrum Act, or any modification to section 6409(a) of the Spectrum Act.

(c)

Conditions of approval. All wireless telecommunication facilities shall be subject to conditions of approval as reasonably imposed by the planning director or the approving city body, as applicable, as well as any modification of the conditions of approval deemed necessary by the planning director or approving city body.

( Ord. No. 2470, § 7, 5-19-20 )

All wireless telecommunications facilities must comply at all times with the following operation and maintenance standards:

(1)

The permittee shall at all times maintain compliance with all applicable federal, state, and local laws, regulations and other rules, including, without limitation, those applying to use of the PROW. The permittee shall ensure that all equipment and other improvements to be constructed and/or installed in connection with the approved WTFP are maintained in a manner that is not detrimental or injurious to the public health, safety, and general welfare and that the aesthetic appearance is continuously preserved, and substantially the same as shown in the approved plans at all times relevant to the WTFP.

(2)

Unless otherwise provided herein, all necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent at its sole cost within forty-eight (48) hours:

a.

After discovery of the need by the permittee, owner, operator, or any designated maintenance agent; or

b.

After permittee, owner, operator, or any designated maintenance agent receives notification from the city.

(3)

Insurance. The permittee shall obtain and maintain throughout the term of the permit a type and amount of insurance as specified by city's risk management. The relevant policy(ies) shall name the city, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insured. The permittee shall use its best efforts to provide thirty (30) days prior notice to the city engineer of the cancellation or material modification of any applicable insurance policy.

(4)

Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the city, its agents, officers, officials, and employees:

a.

From any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus, and other actions or proceedings brought against the city or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the city's approval of the permit; and

b.

From any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and, if applicable, the private property owner and shall reasonably cooperate in the defense. The city shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the city's defense, and the property owner and/or permittee (as applicable) shall reimburse the city for any costs and expenses directly and necessarily incurred by the city in the course.

(5)

Performance bond. Prior to issuance of a wireless encroachment permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to one hundred (100) percent of the cost of removal of the facility as specified in the application for the WTFP or as that amount may be modified by the city engineer in the permit based on the characteristics of the installation. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the city council. Reimbursement shall be paid when the security is posted and during each administrative review.

(6)

Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. All facilities, including each piece of equipment, shall be located and placed in a manner so as to not interfere with the use of the PROW, impede the flow of vehicular or pedestrian traffic, impair the primary use and purpose of poles/signs/traffic signals or other infrastructure, interfere with outdoor dining areas or emergency facilities, or otherwise obstruct the accessibility of the PROW.

(7)

Contact information. Each permittee of a wireless telecommunications facility shall provide the city engineer with the name, address and twenty-four-hour local or toll free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven (7) days of any change.

(8)

All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

a.

Subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems (water, sewer, storm drains, gas, oil, electrical, etc.) that result from any activities performed in connection with the installation and/or maintenance of a wireless facility in the PROW;

b.

General dirt and grease;

c.

Chipped, faded, peeling, and cracked paint;

d.

Rust and corrosion;

e.

Cracks, dents, and discoloration;

f.

Missing, discolored or damaged artificial foliage or other camouflage;

g.

Graffiti, bills, stickers, advertisements, litter and debris. All graffiti on facilities must be removed at the sole expense of the permittee within forty-eight (48) hours after notification from the city;

h.

Broken and misshapen structural parts; and

i.

Any damage from any cause.

(9)

All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in neat, safe and good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the planning director and public services director.

(10)

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

(11)

Each facility shall be operated and maintained to comply with all conditions of approval. The permittee, when directed by the city, must perform an inspection of the facility and submit a report to the planning director and city engineer on the condition of the facility to include any identified concerns and corrective action taken. Additionally, as the city performs maintenance on city-owned infrastructure, additional maintenance concerns may be identified. These will be reported to the permittee. The city shall give the permittee thirty (30) days to correct the identified maintenance concerns after which the city reserves the right to take any action it deems necessary, which could include revocation of the permit. The burden is on the permittee to demonstrate that it complies with the requirements herein. Prior to issuance of a permit under this division, the owner of the facility shall sign an affidavit attesting to understanding the city's requirement for performance of annual inspections and reporting.

(12)

All facilities permitted pursuant to this division shall comply with the Americans with Disabilities Act.

(13)

The permittee shall be responsible for obtaining power to the facility and for the cost of electrical usage.

(14)

Interference.

a.

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the city shall be moved to accommodate a permitted activity or encroachment, unless the city determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city's structure, improvement, or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the permittee shall provide the city with documentation establishing to the city's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the PROW or city utility easement to be affected by permittee's facilities.

b.

The facility shall not damage or interfere in any way with city property, the city's operations or the operations of prior-existing, third party installations. The city will reasonably cooperate with the permittee and/or carrier to carry out such activities as are necessary to correct the interference.

1.

Signal interference. The permittee shall correct any such interference within twenty-four (24) hours of written notification of the interference. Upon the expiration of the twenty-four-hour cure period and until the cause of the interference is eliminated, the permittee shall cease operation of any facility causing such interference until such interference is cured.

2.

Physical interference. The city shall give the permittee thirty (30) days to correct the interference after which the city reserves the right to take any action it deems necessary, which could include revocation of the permit.

c.

The city at all times reserves the right to take any action it deems necessary, in its sole discretion, to repair, maintain, alter, or improve the sites. Such actions may temporarily interfere with the operation of the facility. The city will in all cases, other than emergencies, give the applicant thirty (30) days written notification of such planned, non-emergency actions.

(15)

RF exposure compliance. All facilities shall comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, the permittee or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC Office of Engineering and Technology Bulletin 65 RF Emissions Safety Rules for General Population/Uncontrolled RF Exposure in All Sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.

a.

Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m. Testing is prohibited on holidays and weekends.

(16)

Records. The permittee shall maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the city, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.

(17)

Attorney's fees. In the event the city determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the city, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the city should otherwise agree with permittee to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

( Ord. No. 2470, § 7, 5-19-20 )

No person shall install, use or maintain any wireless telecommunications facility that in whole or in part rests upon, in or over any public right-of-way, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or unreasonably impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

No permit or approval granted under this division shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the city for any purpose whatsoever. Further, no approval shall be construed as a warranty of title.

(b)

No possessory interest is created by a WTFP. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, the permittee acknowledges that the city has given to the applicant notice pursuant to California Revenue and Taxation Code section 107.6 that the use or occupancy of any public property pursuant to a WTFP may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Wireless telecommunications facility operators shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes, fees, and assessments levied against their right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by the WTFP.

(c)

The permission granted by a WTFP shall not in any event constitute an easement on or an encumbrance against the PROW. No right, title, or interest (including franchise interest) in the PROW, or any part thereof, shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

Permit term. Unless Government Code § 65964, as may be amended, authorizes the city to issue a permit with a shorter term, a permit for any wireless telecommunications facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall automatically expire.

(b)

A permittee may apply for a new permit within one hundred eighty (180) days prior to expiration. Said application and proposal shall comply with the city's current code requirements for wireless telecommunications facilities.

(c)

Timing of installation. The installation and construction authorized by a WTFP shall begin within one (1) year after its approval, or it will expire without further action by the city. The installation and construction authorized by a WTFP shall conclude, including any necessary post-installation repairs and/or restoration to the PROW, within thirty (30) days following the day construction commenced.

(d)

Commencement of operations. The operation of the approved facility shall commence no later than ninety (90) days after the completion of installation, or the WTFP will expire without further action by the city. The permittee shall provide the planning director and city engineer notice that operations have commenced by the same date.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

A wireless telecommunications facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety (90) or more consecutive days unless the permittee has obtained prior written approval from the director which shall not be unreasonably denied. If there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

(b)

The operator of a facility shall notify the planning director and city engineer in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten (10) days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the planning director and city engineer of any discontinuation of operations of thirty (30) days or more.

(c)

Failure to inform the planning director and city engineer of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for:

(1)

Litigation;

(2)

Revocation or modification of the permit;

(3)

Acting on any bond or other assurance required by this article or conditions of approval of the permit;

(4)

Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

(5)

Any other remedies permitted under this code or by law.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the WTFP or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility and restore the site to the condition it was in prior to the granting of the WTFP, except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. Expired, terminated or revoked wireless telecommunications facility equipment shall be removed from the site at no cost or expense to the city.

(b)

Failure of the permittee, owner or operator to promptly remove its facility and restore the property within ninety (90) days after expiration, earlier termination or revocation of the WTFP, or abandonment of the facility, shall be a violation of this Code. Upon a showing of good cause, an extension may be granted by the city engineer where circumstances are beyond the control of the permittee after expiration. Further failure to abide by the timeline provided in this section shall be grounds for:

(1)

Prosecution;

(2)

Acting on any security instrument required by this division or conditions of approval of permit;

(3)

Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

(4)

Any other remedies permitted under this Code or by law.

(c)

Summary removal. In the event any city director or city engineer determines that the condition or placement of a wireless telecommunications facility located in the public right-of-way constitutes an immediate dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), such director or city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall include the basis for the removal and shall be served upon the permittee and person who owns the facility within five (5) business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within sixty (60) days, the facility shall be treated as abandoned property.

(d)

Removal of facilities by city. In the event the city removes a wireless telecommunications facility in accordance with nuisance abatement procedures stated in chapter 15, article IX (Administrative Nuisance Abatement) of this code or pursuant to the summary removal procedures of subsection (b)(3) above, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner or operator after notice, or removal by the city due to exigent circumstances.

( Ord. No. 2470, § 7, 5-19-20 )

Compliance with the provisions of this division shall not relieve a person from complying with any other applicable provision of this code. In the event of a conflict between any provision of this division and other sections of this Code, this division shall control.

( Ord. No. 2470, § 7, 5-19-20 )

The implementation of this chapter and decisions on applications for placement of wireless telecommunications facilities in the PROW shall, at a minimum, ensure that the requirements of this division are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this division may be waived, but only to the minimum extent required to avoid the prohibition or violation.

( Ord. No. 2470, § 7, 5-19-20 )

(a)

Legal nonconforming wireless telecommunications facilities are those facilities that existed but did not conform to this division on the date this division became effective.

(b)

Legal nonconforming wireless telecommunications facilities shall, within ten (10) years from the date this division became effective, be brought into conformity with all requirements of this article; provided, however, that should the owner desire to expand or modify the facility, intensify the use, or make some other change in a conditional use, the owner shall comply with all applicable provisions of this Code at such time, to the extent the city can require such compliance under federal and state law.

(c)

An aggrieved person may file an appeal to the city council of any decision the planning director, city engineer, or other deciding body made pursuant to this section. In the event of an appeal alleging that the ten-year amortization period is not reasonable as applied to a particular property, the city council may consider the amount of investment or original cost, present actual or depreciated value, dates of construction, amortization for tax purposes, salvage value, remaining useful life, the length and remaining term of the lease under which it is maintained (if any), and the harm to the public if the structure remains standing beyond the prescribed amortization period, and set an amortization period accordingly for the specific property.

( Ord. No. 2470, § 7, 5-19-20 )

For purposes of this division, the following definition shall apply:

Urban dwelling units shall mean no more than two (2) residential units within a single-family zone that meets the requirements of this division. The two (2) units may consist of two (2) new units or one (1) new unit and one (1) existing unit.

(Ord. No. 2493 , § 2, 12-7-21)

The city shall ministerially review a housing development containing no more than two (2) residential units through the second-unit review process pursuant to section 26-300.02, if it meets the following requirements:

(1)

The parcel is located within a single-family residential zone.

(2)

The parcel is not located in any of the following areas and does not fall within any of the following categories:

a.

A historic district or property included on the state historic resources inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city landmark or historic property or district pursuant to a city ordinance.

b.

A very high fire hazard severity zone as further defined in Government Code section 65913.4(a)(6)(D). This does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.

c.

A delineated earthquake fault zone as determined by the state geologist in any official maps published by the state geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the city's building department.

(3)

The proposed housing development would not require demolition or alteration of any of the following types of housing:

a.

Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;

b.

Housing that is subject to any form of rent or price control by the city;

c.

A parcel or parcels on which an owner of residential real property exercised rights under Government Code section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date of the application; or

d.

Housing that has been occupied by a tenant in the last three (3) years.

(4)

Demolition of an existing unit that has not been occupied by a tenant in the last three (3) years shall not exceed more than twenty-five (25) percent of the existing exterior structural walls.

(Ord. No. 2493 , § 2, 12-7-21)

The following requirements shall apply:

(1)

Number of units: A proposed urban dwelling shall contain no more than two (2) units per lot. Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) will be counted toward the maximum number of units.

(2)

Setbacks:

a.

Existing structures. No setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

b.

Side and rear setback for new structures and additions. The minimum setback from the side and rear property line is four (4) feet. The proposed residential unit(s) occupying an urban lot subdivision may be constructed directly along the side property line adjoining and attached to the unit within the same urban lot split subdivision, if the construction of an 800-square-foot unit would not be physically possible without the setback reduction.

c.

Front setback for new structures and additions. The minimum setback from the front property line is twenty-five (25) feet. The front setback may be reduced to ten (10) feet if the construction of an 800-square-foot unit would not be physically possible without the front setback reduction after the implementation of (2)b. of this section is incorporated with the project design.

(3)

Maximum size: The maximum size of an urban dwelling unit shall not exceed eight hundred (800) square feet.

(4)

Minimum size: The minimum size of an urban dwelling unit shall be five hundred (500) square feet.

(5)

Maximum Height: An urban dwelling unit, or additions to an existing structure within a proposed urban lot split subdivision shall not be more than one-story and shall not exceed sixteen (16) feet in height. Projects may be exempt from the one-story height limitation and may be constructed up to twenty-five (25) feet in height if the construction of an 800 square-foot unit would not be physically possible without the height increase after the implementation of (2)b. and (2)c of this section is incorporated with the project design.

a.

In cases where an urban dwelling is being added by subdividing an existing structure, the height requirements of this subsection do not apply.

(6)

Front yard landscaping and paving/hardscape:

a.

The driveway/pavement/hardscape width in the front yard shall be limited to the width of the garage, or twelve (12) feet if the lot does not have a garage.

b.

Within the front yard, a minimum of fifty (50) percent of the land area shall be maintained with landscaping consisting of live organic plant materials. Paving which incorporates planting cells such as turf block, grass grid, open-cell unit paver, geoblock, or grasscrete may be counted towards the landscaping requirement with the exclusion of the hard surface. Parking on such composite planted paving is not allowed.

c.

A minimum of one (1) 24-inch box-sized tree shall be planted on the front yard.

(7)

Objective design standards:

a.

Additions to existing structures. Additions to existing structures shall utilize the same exterior materials, color, roof pitch, and architecture of the existing structure on the lot.

b.

New construction. The following standards shall apply to all new construction:

1.

The front elevation shall include the primary entrance to the unit and a roofed porch. The porch may utilize a protruding or recessed design that provides for a roofed porch that is a minimum six (6) feet deep and six (6) feet wide.

2.

All structures shall have at least two (2) exterior building wall materials. The building wall material option shall be limited to stucco, wood, rock/stone, brick, or decorative hand-painted tile. The building materials utilized shall be continued throughout the exterior of the house on all elevations. Window or door trims shall not be counted towards the material requirement.

3.

Windows:

i.

Treatment on windows shall be incorporated into the window design. Allowable window treatments shall be limited to the following: stucco pop outs, wood trim, pot shelves, shutters, or recessed windows.

(A)

Recessed windows shall be one (1) inch to two (2) inches from the exterior building wall.

(B)

The height and width of window shutters shall be proportionate to the height and width of the window utilizing the treatment. The shutters shall be wide and tall enough to completely cover the exterior of each side of the window without exceeding the dimensions of the window by greater than two (2) inches.

ii.

Second-floor side windows shall be limited to clerestory windows for light and ventilation measured no less than five (5) feet above the interior floor level.

4.

The roof design shall be limited to gable, dutch-gable, or hipped. Flat-roofs and/or shed roofs are prohibited. For the purposes of this subsection, "flat-roof" shall mean having a roof pitch of less than 2:12.

i.

Spanish and/or Mediterranean style urban dwellings shall utilize rounded or "S" roof tiles, or a combination thereof.

5.

The color palette for the urban dwelling shall include a minimum of two (2) colors. The color utilized for the main wall shall be a different color than the color used for the architectural trim (e.g., window/door trim).

6.

Balconies, second-story decks and/or exterior staircases are prohibited. All staircases shall be located within an enclosed structure.

(8)

Residents of urban dwelling units are not eligible for any type of street parking permit.

(9)

The applicant shall provide easements for the provision of public services and facilities as required.

(10)

All lots shall have a minimum street frontage of twelve (12) feet to provide for vehicular access.

(11)

Off-street parking shall be limited to one (1) space per unit, except that no parking requirements shall be imposed in either of the following circumstances:

a.

The parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor as defined by Public Resources Code section 21155(b) or a major transit stop as defined in Public Resources Code section 21064.3; or

b.

There is a car share vehicle located within one (1) block of the parcel.

(12)

For residential units connected to an onsite wastewater treatment system (septic tank), the applicant provides a percolation test completed within the last five (5) years, or if the percolation test has been recertified, within the last ten (10) years, which shows that the system meets acceptable infiltration rates.

(Ord. No. 2493 , § 2, 12-7-21)

The city shall not require or deny an application based on any of the following:

(1)

The city shall not impose any objective zoning or design review standards that would have the effect of physically precluding the construction of two (2) units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet.

(2)

The city shall not deny an application solely because it proposes adjacent or connected structures, provided that that all building code safety standards are met and they are sufficient to allow a separate conveyance.

(Ord. No. 2493 , § 2, 12-7-21)

An applicant for an urban dwelling shall be required to sign an affidavit in a form approved by the city attorney to be recorded against the property stating the following:

(1)

That the uses shall be limited to residential uses.

(2)

That the rental of any unit created pursuant to this section shall be for a minimum of thirty-one (31) days.

(3)

That the maximum number of units to be allowed on the parcels is two (2), including but not limited to units otherwise allowed pursuant to density bonus provisions, accessory dwelling units, junior accessory dwelling units, or units allowed pursuant to chapter 26 (Zoning).

(4)

That the site and/or residence of the site is not eligible for any type of street parking permit.

(Ord. No. 2493 , § 2, 12-7-21)

The city may deny the housing development if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in Government Code section 65589.5(d)(2), upon the public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

(Ord. No. 2493 , § 2, 12-7-21)

The provisions of this division supersede any contrary provisions in the West Covina Municipal Code to the contrary.

(Ord. No. 2493 , § 2, 12-7-21)