The purpose of the residential zones is to classify and set standards for the orderly development of single and multifamily residential properties in a manner that will provide a desirable living environment compatible with surrounding properties and assuring protection of property values. It is intended that these zones be used to add to the variety of housing types and densities.

Table 2-1 Base Zoning Districts

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Permitted uses for residential zones:

Table 2-2 Uses and Permit Requirements

(b)

Any additions or accessory buildings shall maintain architectural consistency with the primary structure in regard to roof profile and pitch, materials, colors, roofing, scale, exterior treatment and details.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 12, 3-18-25)

New land uses, structures, and site development including alterations to existing land uses, structures, and site development within residential zoning districts shall be designed and constructed in compliance with the following requirements, and all applicable standards in article III (regulations applicable to all zones) and article IV (standards for specific land uses) of this Development Code.

(a)

Site size. In single-family residential districts, the minimum required building site area or width may be different from that set forth in the regulations of the district if so specific on the zoning district map. Such specifications shall be shown in the following manner:

(1)

A number preceding and connected by a hyphen with the district symbol shall designate the minimum required building site width in feed. (i.e. 130-R)

(2)

A number following and connected by a hyphen with the district symbol shall designate the minimum required building site area. Where the number is greater than one hundred (100), it shall indicate the area in square feet; where the number is less than one hundred (100), it shall indicate the area in net acres. (i.e. R-1-6,000)

(3)

The size of sites in R-A and R-1 zones shall be governed by the following table:

Table 2-3 Minimum Lot Dimensions and Lot Area for R-A and R-1 Zones

(b)

Building coverage.

(1)

The maximum building coverage and floor area of all structures in the R-A and R-1 zones shall not exceed the standards set forth in Table 2-4.

Table 2-4 Allowable Building Coverage and Floor Area

(c)

Maximum front yard pavement coverage/driveways.

(1)

As used in this section, a "front yard" refers to all space between the main building (also the projection of the main building to the side property lines) and the front street property line. "Street side yard" refers to all space between the main building (also the projection of the main building to the front and rear property lines) and the side street property line of a corner lot. All open areas within the front yard, except for legally permitted driveways and walkways, as set forth in this section, shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth by section 26-85 (general landscaping standards).

(2)

Paved walkways shall be separated with a minimum forty-two inch (42") wide landscaped area. The driveway and walkway area may be connected for a span no greater than forty-two inches (42") in width. There shall be no more than two (2) paved walkway areas within the front yard.

(3)

Review and approval of a new driveway is subject to approval of a driveway approach permit by the engineering division.

(4)

A primary driveway providing direct access from the street to a garage, carport, or required parking space(s) shall have a minimum length of twenty-two (22) feet, measured from the edge of the driveway apron.

(5)

The front yard driveway pavement shall be limited to the width of the garage or carport, plus an additional twelve (12) feet (cumulative width). In instances where the property does not have a garage or carport, the front yard driveway pavement shall be limited to twenty (20) feet in width for properties developed with primary single-family residential dwelling units. Urban lot split properties shall comply with article VIII (subdivision regulations). The installation of a circular/semicircular driveway shall require compliance with all standards listed within subsection (7), including the maximum primary driveway width. The installation of a secondary driveway shall require compliance with all standards and processes listed within subsection (8), including maximum primary driveway width.

(6)

Pavement in the front yard shall be constructed and maintained with permanent, load-bearing pervious or impervious surfacing material sufficient to prevent mud, dust, loose material, and other nuisances. The use of pervious surfaces is encouraged to facilitate on-site infiltration of stormwater. Substitutions of paved materials for the additional paved areas are permitted if found to be substantially similar to the requirements of this article. In cases of irregularly shaped lots or sites hampered by topographical features, the additions shall be parallel to and/or concentric with the access drive. Pavement in a street side yard is permitted only where a garage or carport in the street side yard is oriented to the street or six-foot-high masonry block wall or solid fence screens the pavement from all street views. Unscreened pavement in street side yards shall be treated as pavement in front yards.

(7)

Circular drive additions are exempt from the provisions of subsection (5).

a.

New semicircular driveways are prohibited where the street frontage is less than seventy-five (75) feet.

b.

Properties without a garage are prohibited from installing and/or maintaining a semicircular driveway.

c.

The semicircular driveway portion shall not exceed twelve (12) feet in width.

d.

The paved primary driveway portion leading to the garage shall not exceed the width of the garage plus six (6) feet.

e.

A minimum of fifty (50) percent of the front yard shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth in section 26-85 (general landscaping standards).

(8)

Paved areas for secondary driveways are exempt from the provisions of subsection (5). The approval of a secondary driveway shall be subject to the granting of an administrative permit with hearing as set forth in article VI, division 6 of this chapter, and further subject to the following conditions:

a.

Properties without a garage are prohibited from installing a secondary driveway.

b.

The paved primary driveway portion leading to the garage shall not exceed the width of the garage.

c.

Approval of a secondary driveway by the planning division shall require a plan indicating the location and improvements of the secondary driveway and the paved parking area in the side or rear yard.

d.

The secondary driveway shall lead to a paved parking area intended for the parking or storage of vehicles in the side or rear yards which must be fully screened in compliance with section article III, division 6.

e.

The secondary driveway is strictly for the purpose of providing access to the rear or side yard for the purposes stated above. No vehicles may be parked or stored on the secondary driveway in the front yard.

f.

The maximum width of the secondary driveway shall be twelve (12) feet.

g.

The secondary driveway shall be made of grass-crete, turf-block, or similar material to allow grass/ground cover to grow in between the voids. The secondary driveway may be made of the same concrete/pavers/material of the primary driveway if it is designed as a ribbon driveway with two (2) ribbon strips no wider than forty-two inches (42") for each strip and a minimum of forty-two inches (42") width of landscaping in between the ribbon strips and/or other paved areas.

h.

A minimum of fifty (50) percent of the front yard shall be maintained with live-organic landscaping, or approved artificial turf/alternative landscaping as set forth in section 26-85 (general landscaping standards).

(d)

Single-family building height.

(1)

No building or structure shall have more than two (2) stories or be more than twenty-five (25) feet above finished grade.

a.

Hillside areas step massing. A maximum overall height of thirty-five (35) feet may be allowed for buildings which in stepping down the slope diminish bulk provided that no point around the perimeter exceeds twenty-five (25) feet and the natural slope is no less than fifteen (15) percent, subject to the approval of an administrative permit. A building is considered to step down the slope if the line connecting its corresponding components is no steeper than the average of the natural slope adjacent to the entire structure. A topographical survey prepared by a licensed surveyor shall be required as part of the administrative permit submittal. Projects that utilize more than two (2) terracing retaining walls and/or retaining walls greater than four (4) feet in height to create a flat building pad do not qualify for the allowable step massing height increase.

(2)

Chimneys, vents and other such incidental appurtenances shall conform to the standards set forth in section 26-65.

(3)

Subterranean garages shall not be included in the measurement of height nor counted as a story.

(4)

Buildings on lots in excess of twenty thousand (20,000) square feet may exceed the maximum height limit stated in subsection (a) by one (1) foot for every five hundred (500) square feet of floor area in excess of twenty-five hundred (2,500) square feet. Such increase in height shall increase the yard requirements on a foot-to-foot ratio, i.e., one (1) foot of additional height requires eleven-foot side yards and twenty-six-foot front and rear yards, five (5) feet of additional height requires fifteen-foot side yards and thirty-foot front and rear yards, however no structure shall exceed two (2) stories and thirty-two (32) feet maximum height.

(e)

Setback regulations for R-A and R-1 Zones, except as set forth in section 26-46(g).

(1)

Front yard setback.

a.

Determination of front yard setback on corner lots. On corner lots, the narrower street frontage is normally the front lot line. However, the Community Development Director or their designee may determine that a longer street frontage comprises the front lot line, in consideration of other factors including house orientation, orientation of nearby houses, and access.

b.

For flag-lots extending from a street or right-of-way to the building area of the parcel, the front yard setback measurement shall be taken from the nearest point of the wall of the structure or support post to the point where the access point or "flag pole" meets the bulk of the parcel along a continuous line, establishing a parallel setback line.

c.

Every lot or parcel zoned R-A or R-1 shall have a front yard not less than twenty-five (25) feet from the property line, except for lots with a gross lot area of 7,500 square feet which shall have a front yard setback of twenty (20) feet.

(2)

Side yard setback.

a.

Five (5) feet for lots less than fourteen thousand four hundred (14,400) square feet;

b.

Seven (7) feet for lots between fourteen thousand four hundred (14,400) and twenty thousand (20,000) square feet;

c.

Ten (10) feet for lots greater than twenty thousand (20,000) square feet;

d.

On any corner lot, no residence facing the side street shall be located within twelve and one-half (12½) feet of the side street property line.

e.

Reverse corner lots: Shall have the same side yard requirements as interior lots except the street side setback for the entire depth of the lot shall be no less than fifty (50) percent of the required front yard of the lot to the rear.

(3)

Rear yard setbacks for lots zoned R-A and R-1.

a.

Lots not exceeding an area of seven thousand five hundred (7,500) square feet shall have a rear yard setback of fifteen (15) feet.

b.

Lots seven thousand five hundred (7,500) square feet or more shall have a rear yard setback of twenty-five (25) feet;

c.

For lots within the Hillside Overlay Zone with graded pads, a minimum ten-foot substantially flat area for pedestrian and emergency access shall be provided between the rear of the house and the slope, measured perpendicularly from the structure (a one-story open patio cover may be located in the level area in compliance with other development standards). Legal nonconforming structures in existence prior to February 21, 2014 that do not fully meet these requirements may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming structures were legally established and maintained.

(f)

Permissible coverage of required rear yards.

(1)

Sixty (60) percent of the required rear yard in R-A and R-1 zones shall remain open; and the remaining forty (40) percent of the required rear yard may be covered by single story construction with a height of no greater than fifteen (15) feet.

a.

Garages and/or storage sheds may exceed the fifteen (15) feet height limitation by no greater than five (5) feet, subject to an administrative review set forth article VI, division 6 (administrative permit), provided that the Community Development Director or their designee determines that the design of the proposed garage or storage shed is compatible with other structures on the property and is at least fifteen (15) feet away from any permitted structure and/or swimming pool located on a neighboring property.

b.

No construction shall be permitted within five (5) feet of the rear property line, except as set forth in article III, division 2 (accessory structures) and/or section 26-46(g).

(g)

Special setback requirements and/or exceptions to basic setbacks.

(1)

Nonhabitable accessory structures.

a.

All nonhabitable free-standing roofed accessory structures with a projected roof area of less than one hundred twenty (120) square feet or nonroofed structures with a total floor area of less than one hundred twenty (120) square feet, and no taller than seven (7) feet in height in yards which are screened by fencing or shrubs at least five (5) feet tall may encroach into the required interior side yard behind the main building, and the required rear yard.

b.

All nonhabitable free-standing roofed accessory structures greater than one hundred twenty (120) square feet and greater than seven (7) feet in height shall be set back 4'-0" from the interior side and rear property lines provided that provisions within sections 26-46(f) and 26-46(g) are complied with.

(2)

Flags and flagpoles shall be subject to the regulations found in article III, division 8.

(3)

Swimming pools, spas, and sports courts.

a.

Swimming pools, spas, sports courts, and other similar private recreation areas shall be setback a minimum of five (5) feet from the interior side and rear property lines.

1.

Swimming pool/spa setback shall be measured from the property line to the back of the bond beam.

2.

Sports court setback shall be measured from the property line to the sport court fencing and/or playing surface, whichever is closest.

b.

Pools/spas and sports courts may be permitted within the front yard through an administrative permit process provided that there is a minimum five (5) feet setback to adjoining properties, the City Engineer has determined that there will not be a line-of-sight safety concern and the Community Development Director determines that the lot configuration, building placement, and/or street location justify the proposed pool/spa location due to the uniqueness of the property.

c.

Temporary playing surfaces on grass and/or on the driveway are not regulated by this zoning code provided that the equipment is moved and stored out of the required setbacks after each use.

(4)

Mechanical equipment.

a.

Mechanical equipment (HVAC system, pool equipment, tanked water-heater, generator, or similar) shall be setback a minimum of five (5) feet from the side and rear property lines.

b.

Mini-split air-conditioning units, wall/window air-conditioning units, tankless water-heaters, or similar equipment may be located within the required side and rear setbacks provided that the equipment does not extend beyond the eave of the dwelling unit and is screened from public right-of-way views.

c.

In no case shall mechanical equipment be located within the front yard.

d.

All mechanical equipment shall be screened from public right-of-way views.

e.

Air conditioning and heating ducting shall not be exposed on roofs.

f.

Roof-mounted mechanical equipment may be allowed, subject to review by the Community Development Director (or their designee) and approval of an administrative permit as follows:

1.

The house is existing and does not have an attic;

2.

The unit is not visible from the street and can be screened from all ground level views;

3.

A detailed description of the screening material and construction method shall be provided and shall be architecturally compatible with the building.

(5)

Canopy structures.

a.

Canopy structures shall be prohibited in the front yard and street side yard (refer to section 26-46(d)), with the following exceptions:

1.

Canopy structures with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet shall be permitted within a street side yard area that is fully screened by fencing or shrubs at least five (5) feet in height.

2.

Canopy structures with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet shall be permitted in front yard and street side yard areas where located at a distance of fifty (50) feet or greater from the front or street side property line and/or which are not readily visible from the street (as determined by the Community Development Director or their designee) due to topographical conditions. Canopy structures shall be permitted in other areas of a lot with a projected canopy area of no greater than two hundred (200) square feet, a height of no greater than twelve (12) feet, and a length of no greater than twenty (20) feet, with the exception that canopy structures encroaching into the interior side yard and/or the rear five (5) feet of the rear yard shall only be permitted with a projected canopy area of less than one hundred twenty (120) square feet and a height of less than seven (7) feet.

b.

Repair and maintenance. Canopy structures shall be maintained in good condition. Torn fabric, bent or broken support members shall be replaced or repaired as needed. Any canopy structure considered to be in disrepair, as determined by the Community Development Director or their designee, shall be repaired, replaced or removed from the site. Reflective, mirrored type, covering material shall be prohibited.

c.

Lot coverage. Canopy structures requiring the issuance of a building permit (i.e., those that are considered structures as defined by the Uniform Building Code) with a projected roof area of one hundred twenty (120) square feet or greater shall be considered building coverage and shall be included in calculations of maximum building coverage as set forth in section 26-46(c).

(6)

Animal keeping areas. A minimum separation of thirty-five (35) feet shall be maintained between a structure used for habitable purposes, swimming pool or spa and animal keeping areas. Animal keeping areas shall include barns, corrals, or stables, to maintain a horse or any other animal mentioned in section 26-111. Legal nonconforming uses or buildings in existence prior to June 14, 2012 that do not fully meet the stated separation requirements, may continue to be maintained, repaired, and/or rebuilt to the same size and configuration as long as such nonconforming uses and buildings were legally established and maintained. Any addition to, or expansion of, such structures, however, shall cause the stated separation requirements to apply.

(7)

The provisions of this section shall not be construed to limit or interfere with the authority of homeowner associations that determine that such encroachments are undesirable in their particular case to incorporate the prohibition of such encroachments into their conditions, covenants and restrictions.

(8)

All structures must conform to the requirements of the Uniform Building Code, if applicable.

(9)

For the purpose of this section, the projected roof area shall mean the horizontal square feet of roof, excluding slope, but including overhang.

(h)

Second-story setbacks regulations for R-A and R-1 zones.

(1)

Front yard. When the first story of an existing or proposed single-family structure is built within thirty (30) feet or less of the front property line, the front yard setback of any future second story or second floor expansion shall be a minimum of thirty (30) feet, except for lots less than seven thousand five hundred (7,500) square feet in area, where the second story shall be set back a minimum of twenty-five (25) feet.

(2)

Side yard. When the first story of an existing or proposed single-family structure is built within ten (10) feet or less of the side property line, the side yard of any future second story or second-floor expansion shall be a minimum of ten (10) feet. The following exception may be allowed, subject to Community Development Director (or their designee) review and the approval of an administrative permit, in cases where an existing second story has a second story setback that is less than ten (10) feet on an elevation:

a.

Said side yard second story setbacks may be the same as the existing second story setback if no portion of a building or structure (existing or proposed) encroaches through a daylight plane that is projected above each setback line and sloping inwards at a forty-five (45) degree angle measured at a point ten (10) feet above the finished grade level along the side property line toward the opposing side property line.

b.

Said side yard second story setback shall not be required along any side yard which abuts property zoned for or developed with a nonresidential use (e.g. schools and parks) or a public right-of-way, flood control channel, or utility easement upon which no residential structures may be developed.

c.

As used in this section, second story setback shall also apply to any portion of the first story under a sloped roof with a ridge height greater than sixteen (16) feet and/or an exterior wall height greater than twelve (12) feet above the finished adjacent grade. The gable end of a sloped roof shall not be included in the exterior wall height calculation.

d.

The second story setbacks stated in subsections (1) and (2) above on lots of twenty thousand (20,000) square feet or more shall be increased accordingly for developments which utilize the additional height provisions pursuant to section 26-46(d)(4).

e.

Rooftop decks and/or balconies attached to the primary structure with direct access from the second-floor or stairs leading thereto shall comply with two (2) story setback requirements.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, §§ 13—15, 3-18-25)

The provisions of this section are intended to reinforce community standards and to promote an attractive residential appearance in the City's neighborhoods. These regulations apply to all residential uses in R-1 and R-A zones.

(a)

Precise plan of design. A precise plan of design pursuant to article VI, division 3 of this chapter is required for subdivisions where a Specific Plan is proposed. Particular attention shall be given to compatibility with adjacent residential and commercial zoning and uses. A precise plan must be approved prior to any development.

(b)

Lighting. Lighting shall be designed, installed, and maintained in such a manner that illumination spillover from such lighting does not exceed two (2.0) foot candles above ambient illumination levels onto another residential property and glare spillover from such lighting will not negatively impact another residential property.

(1)

Illumination and/or glare spillover onto other property shall be measured from any point five (5) feet above natural grade on a vertical plane on the other property. Ambient illumination shall include only nonartificial light and street lights present exclusive of the offending light source.

(2)

If, upon inspection by authorized City staff, it is determined that a violation of this section is occurring, the Community Development Director or their designee may require mitigation measures in order to minimize impacts, including, but not limited to: Relocation (setback, height restrictions) of the fixture, reduction of lamp wattage, the installation of hoods, shields, louvers, or other fixtures accessories to redirect light, the installation of coated or frosted lamp covers to soften glare, the re-aiming of the fixture, or the placement of landscaping or fencing as barriers.

(3)

Sports court lighting shall be subject to the same standards and require the review and approval of the Community Development Director or their designee prior to installation. During this review, photometric data and other information needed to determine compliance with these standards may be required by the Community Development Director or their designee and are subject to the approval of an administrative permit.

(4)

The restrictions of this subsection shall not apply to decorative, temporary, seasonal incandescent lights in place and in use during the period from November 1 and January 31.

(c)

Certain objects and materials prohibited in all yards.

(1)

No owner or occupant of any parcel of real property zoned for residential purposes shall maintain or permit to remain within the front yard, street side yard or any other portion of the property, except as otherwise permitted in this section:

a.

Any garbage or putrescible matter, whether mixed with rubbish or other matter or not.

b.

Any rubbish, whether combustible or noncombustible, other than garbage or putrescible matter.

c.

Any discarded, useless and unusable object, material or equipment.

d.

Any pile or accumulation of lumber or building materials, provided, however, that this subparagraph (iv) shall not apply to any parcel upon which a building is in the process of construction.

(2)

Objects and materials prohibited in paragraph (a) may be placed in the front yard or street side yard for a period not to exceed twenty-four (24) hours and may be stored in other portions of the property screened from public view for a period not to exceed ten (10) days.

(3)

All garbage and putrescible matter, whether mixed with rubbish or other matter shall be kept in a watertight container with close-fitting lids and ties. All rubbish, other than garbage or putrescible matter shall be kept in a metal container or other substantial and adequate container.

(4)

As used in this section, a "front yard" refers to all space between the main building (also the projection of the main building to the side property lines) and the front property lines. "Street side yard" refers to all space between the main building (also the projection of the main building to the front and rear property lines) and the street side property line of a corner lot, which is not totally screened from public view by a six-foot-high solid fence or wall. "Other portions of property" shall mean those portions of property not included in the front yard or street side yard and screened from public view with a six-foot-high solid fence or wall.

(d)

Landscape maintenance.

(1)

The purpose of this section is to protect the properties in residential neighborhoods by establishing minimum maintenance standards for maintenance of landscaping on residential properties. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to allow the existence of any of the following conditions on such property, which conditions are listed by way of example and not of limitation:

a.

Overgrown vegetation; unmaintained grass lawns and/or weed areas which are one (1) foot in height or greater; which are likely to attract or harbor rats or vermin; to become a fire menace when dry; or which are otherwise dangerous to the public health and welfare.

1.

Weeds are those uncultivated, noxious plant groups that compete with cultivated garden plants for water, nutrients, light and space.

b.

Dead, decayed, diseased or hazardous trees and/or other vegetation.

c.

Lack of landscaping or the maintenance thereof.

1.

Landscaping, as used in this section, shall, by example and not by limitation, mean healthy and viable cultivated vegetation common to most residences and/or planned drought-tolerant landscaping systems.

(i)

Drought-tolerant landscaping systems are generally characterized by alluvial rock garden formations and/or native California flora or other plants selected for drought tolerance, adaptability and relationship to West Covina environment; color, form and pattern; ability to provide shade; soil retention and fire resistance.

2.

Maintenance, as used in this section, shall, by example and not by limitation, mean watering, weeding, pruning, trimming, mowing, insect control the replacement or irrigation equipment as needed to preserve the health and appearance of landscaping when visible from streets, rights-of-way, and adjacent properties at or above grade level.

(2)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in article III, division 5 of this Development Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.

(3)

Violations of this section shall be subject to enforcement procedures found in section 1-37.2 of the West Covina Municipal Code. This section shall not supersede any provisions or regulations required by public and governmental agencies that may conflict with the intent and provisions contained in this section.

(e)

Maintenance of buildings and structures.

(1)

The purpose of this section is to protect the appearance, character, and integrity of residential neighborhoods and promote safe and decent housing by establishing minimum standards as they relate to the maintenance of residential buildings and structures. It shall be unlawful for any person owning, leasing, occupying, or having charge or possession of any residential property in the City to maintain on such property any of the following when viewable from the public right-of-way or abutting properties:

a.

Buildings or structures which are neglected as a result of abandonment, are partially destroyed or have remained in a state of incomplete construction for an unreasonable period of time as determined by the Community Development Director or their designee and building official.

b.

Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess of ten (10) percent of the surface area.

c.

Roofs with loose, unstable or missing tiles, shingles or other material used as roof composition in excess of ten (10) percent of the roof area.

d.

Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance.

e.

Buildings or structures whose exteriors, porches, steps, stairs, walls, devices, fences, driveways, or walkways are cracked, broken, defective, deteriorating, in disrepair, or defaced due to writing, inscription, or figures rendering these items unusable for their purpose and constituting in the opinion of the Community Development Director or their designee and building official a hazardous condition or an attractive nuisance.

f.

Garage doors that are missing, broken, sag, or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance.

g.

Any structure or building or portion thereof which, as compared to adjacent properties, is unsightly in appearance and out of character by reason of its condition.

(f)

Construction in fire hazard severity zones (FHSZ).

(1)

The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety.

(2)

This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).

(3)

Construction standards, building materials and design.

a.

All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.

(4)

Vegetation management and defensible space.

a.

All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

New land uses, structures, and site development including alterations to existing land uses, structures, and site development within multi-family residential zoning districts shall be designed and constructed in compliance with the following requirements, and all applicable standards in article III (regulations applicable to all zones), article VI (standards for specific land uses) of this Development Code and the West Covina Multi-Family Residential Objective Design Standards.

(a)

Site size.

(1)

The size of sites in multiple-family zones shall conform to the following table:

Table 2-5 Minimum Lot Size for Multi-Family Residential Zones

(b)

Density.

(1)

The maximum number of dwelling units per net acre shall be as follows:

Table 2-6 Maximum Dwelling Units Per Acre for Multi-Family Residential Zones

(c)

Lot coverage.

(1)

The maximum building coverage of all structures multi-family residential zones shall not exceed the following:

a.

Lots zoned MF-8—forty-five (45) percent of the total lot parcel area;

b.

Lots zoned MF-15 and MF-20—fifty-five (55) percent of the total lot parcel area;

c.

Lots zoned MF-45—seventy (70) percent of the total lot parcel area.

(2)

Ground coverage shall be the total amount of land covered by residential structures, carports or garages, and all paved areas used for parking and accessways. Decks, patios, recreation rooms, pedestrian walkways, and terraces shall be excluded. Such coverage shall conform to the following table:

(d)

Maximum building height.

(1)

The maximum building height shall conform to the following table:

Table 2-7 Maximum Building Height for Multi-Family Residential Zones

(2)

When there is a difference in site elevation and the abutting property zoned single-family is of such elevation that its view will not be impeded, at the discretion of the Planning Commission, the maximum building height limit may be waived.

(e)

Building setbacks from property lines.

(1)

Front. The front setback from the property line shall be governed by the following table:

Table 2-8 Minimum Required Front Yard Setbacks for Multi-Family Residential Zones

(2)

Side. The side setback and upper-story setbacks from the property line shall be governed by the following table:

Table 2-9 Minimum Required Side Yard Setbacks for Multi-Family Residential Zones

(3)

Rear. The rear setback and upper-story setbacks shall be governed by the following table.

Table 2-10 Minimum Required Rear Yard Setbacks for Multi-Family Residential Zones

(f)

Yards around buildings.

(1)

In the MF-8, MF-15, and MF-20 zones: There shall be a minimum yard requirement around all main building exterior walls of ten (10) feet plus two (2) feet per additional story in height above the first floor plus one (1) foot per each twenty (20) feet of linear exterior wall or fraction of the building adjoining said yard. In the MF-45 Zone, the yard requirement shall be ten (10) feet plus two (2) per additional story in height above the first floor.

(2)

The sum of the minimum yard requirements around all main buildings as set forth in (a) above, shall constitute the minimum distance between all main buildings.

(3)

Yards as per this section shall be open from the ground to the sky and shall be landscaped. Exterior stairways, balconies, and patios may extend into said yards not more than twenty-five (25) percent.

(4)

If parking is provided under the first story of a building, the landscaping requirements are waived for the distance of the parking spaces.

(5)

Accessory buildings shall not encroach into any yard requirement of a main building, except as set forth in section 26-48 of this article.

(6)

The yard requirement of an obliquely-aligned building may overlap if approved by the Planning Commission.

(7)

Yards around buildings, as set forth in this section, may coincide with setbacks from property line as required in section 26-48(e) of this article; the one having the greater distance shall prevail.

(8)

At the time of precise plan review as per article VI, division 3 of this chapter, the Planning Commission may modify the required yards around buildings as set forth in this section, providing the following criteria have been met:

a.

The amount of site area involved shall be relocated within the recreational-leisure space areas as set forth in section 26-48(i).

b.

The end result shall be an improved overall project design other that otherwise would not occur if the modification were not granted.

c.

The maximum permitted ground coverage set forth in section 26-48(c) shall not be exceeded.

(g)

Building length.

(1)

In the MF-8, MF-15, and MF-20 zones, no building shall exceed a length of two hundred (200) feet. In the MF-45 zone, no building shall exceed a length of four hundred (400) feet. Buildings may be connected with walkways or at the roof, provided minimum distances between buildings as per section 26-48(f) of this chapter is met and approved by the Planning Commission.

(h)

Minimum floor area per dwelling.

(1)

The minimum floor area per dwelling unit, in square feet, shall be as follows:

Table 2-11 Minimum Floor Area for Multi-Family Residential Zones

(i)

Required open space.

(1)

Common open space shall be provided in conformance with the standards set forth in the West Covina Multi-Family Objective Design Standards (2022).

(2)

Private open space. A minimum of two hundred (200) square feet per dwelling unit of usable private open space shall be provided. Such space shall have a minimum dimension of five (5) feet in width and depth. Balconies, patio areas, and other similar space that is directly accessible from the unit may be included as private open space areas. Storage of any equipment other than patio furniture shall not be allowed within balconies and/or patio areas.

(j)

Micro-units.

(1)

A micro-unit project shall conform to the development standards set forth in section 26-48, development standards for multi-family zones.

(2)

Standards:

a.

Kitchen and bathrooms. Each micro-unit shall include a private kitchen and bathroom.

b.

Kitchens shall include at least the following;

1.

Sink;

2.

Stove with two burners;

3.

Refrigerator with freezer;

4.

Counter that is at least eighteen (18) inches by twenty-four (24) inches; and

5.

A pantry and dry good storage cabinets with a minimum area of twenty (20) cubic feet.

c.

Bathrooms shall include the following:

1.

Toilet;

2.

Sink; and

3.

Shower.

d.

Storage space. Each micro-unit shall have a closet with a minimum of forty-eight (48) square feet of storage.

e.

Micro-unit developments shall provide a shared laundry room accessible to all units with one (1) washer and dryer for every twelve (12) micro-units.

f.

Operations, management and security:

g.

All micro-unit developments shall submit the following information describing the operational, management and security details of the project:

1.

Description of general operations and onsite security plans;

2.

24-hour onsite management for projects with fifteen (15) units or more;

3.

Emergency procedures.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 16, 3-18-25)

The provisions of this section are intended to reinforce community standards and to promote an attractive residential appearance in the City's neighborhoods. These regulations apply to all residential uses in multi-family zones.

(a)

Precise plan of design.

(1)

The filing of a precise plan of design shall be required as part of an application for multiple-family zoning and as specified in article VI, division 3 of this chapter, or a planned residential development overlay zone and development plan as specified in section 26-60 of this chapter. Such precise plans of design shall conform to Planning Commission Resolution No. 567. This shall not apply to development applications subject to administrative review pursuant to state law or other sections of this Code.

(2)

The review and approval process for an eligible Senate Bill 35 (SB35) housing project shall adhere to California Government Code Section 65913.4, as amended. For eligible SB35 projects, and/or multi-family residential projects providing a minimum of twenty (20) percent of the total dwelling units reserved for lower income households subject to deed restriction, the Community Development Director shall approve or deny the ministerial Precise Plan based on the West Covina Multi-Family Objective Design Standards (2022) adopted by the City. Within thirty (30) days of such action, the Community Development Director shall prepare a report to the Planning Commission, providing a description of the project and the nature of the approval. Any such Precise Plan approved under SB35 shall be valid for a period of three (3) years, with one (1) additional extension of time in a one-year increment. The Community Development Director or their designee may approve a one-year extension if the project proponent provides documentation that there has been significant progress toward getting the development construction ready, such as, but not limited to, the filing of a building permit application that is kept active.

(b)

Underground utilities.

(1)

All utilities shall be underground in accordance with the Municipal Code and approved by the City Engineer.

(2)

All utility hardware shall be placed underground or shall be screened from view with a decorative block or masonry wall or landscaping, to the maximum extent as allowed by the utility provider. Such screening shall be as high as the highest portion of the equipment and shall be permanently maintained.

(c)

Refuse and recycling collection and storage within multi-family residential zones.

(1)

Any new or existing multi-family development project of five (5) or more living units, an application for one (1) or more building permits for single or multiple alterations to be conducted within a twelve-month period which collectively add fifty (50) percent or more to the existing floor area of a living unit shall provide adequate, accessible and convenient areas for collecting and loading recyclable materials as defined in this section.

(2)

All outdoor trash, garbage, recycling and refuse containers shall be screened on all sides from public view by a minimum five and one-half (5½) foot high concrete, masonry or decorative block wall and the opening provided with a gate of durable wood or comparable material. Such area shall be so located as to be easily accessible for trash and recyclable material pick up. Type, texture and color shall be approved by the Planning Commission or planning director.

(3)

The following guidelines will be applied to new and expanded development projects:

a.

Free-standing or exterior recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation.

b.

The design and construction of recycling areas shall not prevent security of any recyclable materials placed therein.

c.

A sign clearly identifying all recycling collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

d.

Areas for recycling shall be adequate in capacity, number, and distribution to serve the development project.

(4)

The Community Development Director or their designee shall review each application for adequate design and area allocation suitable to the particular recycling program or process to be in effect at the development project and shall apply these requirements and guidelines accordingly.

(5)

Any and all separate recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be part of or adjacent to the solid waste collection areas.

(d)

Lighting.

(1)

All lighting of the building, landscaping, parking area, or similar facilities shall be shielded and directed to reflect away from adjoining properties.

(e)

Mechanical equipment in multi-family zones.

(1)

In multi-family residential zones, all ground-mounted mechanical equipment shall be completely screened behind a permanent structure, and all roof-top mechanical equipment shall be placed behind a permanent parapet wall and shall be completely restricted from views of the public rights-of-way abutting the site and from the first floor of neighboring properties. Such screening shall be as high as the highest portion of the equipment or ducting and shall be permanently maintained. All wall air-conditioner units shall be screened from view with material that is compatible and in harmony with the architectural styling and detailing of the building.

(f)

Clothes drying areas.

(1)

All clothes drying areas shall be screened on all sides by a fence or wall not less than six (6) feet high.

(g)

Maintenance of standards, buildings and structures.

(1)

General. All improvements in the multiple-family zone shall be continuously maintained in a neat, orderly, and healthy condition. Said improvements shall include (but not be limited to) signs, landscaping, off-street parking, storage areas, and walls.

(2)

Buildings and structures. The purpose of this section is to protect the appearance, character and integrity of multiple-family zoned properties and promote safe and decent housing by establishing minimum standards as they relate to the maintenance of residential buildings and structures. It shall be unlawful for any person owning or having charge or possession of any of the following when viewable from the public right-of-way or abutting properties.

a.

Buildings or structures which are neglected as a result of abandonment, are partially destroyed, or have remained in a state of incomplete construction for an unreasonable period of time as determined by the Community Development Director or their designee and building official.

b.

Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess of ten (10) percent of the surface area.

c.

Roofs with loose, unstable or missing tiles, shingles or other material used as roof composition in excess of ten (10) percent of the roof area.

d.

Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance.

e.

Buildings or structures whose exteriors, porches, steps, stairs, walls, devices, fences, driveways, or walkways are cracked, broken, defective, deteriorating, in disrepair, or defaced due to writing, inscription, or figures rendering these items unusable for their purpose and constituting in the opinion of the Community Development Director or their designee and building official a hazardous condition or an attractive nuisance.

f.

Garage doors that are missing, broken, sag, or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance.

g.

Any structure or building or portion thereof which, as compared to adjacent properties, is unsightly in appearance and out of character by reason of its condition.

(h)

Certain objects and materials prohibited in all yards.

(1)

The standards set forth in section 26-47(c) shall also apply to properties zoned for multi-family residential uses.

(i)

Construction in fire hazard severity zones (FHSZ).

(1)

The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety.

(2)

This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).

(3)

Construction standards, building materials and design.

a.

All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.

(4)

Vegetation management and defensible space.

a.

All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24; Ord. No. 2525, § 17, 3-18-25)

(a)

Office-professional mixed-use (OPMU) zone.

(1)

The purpose of the office-professional mixed-use (OPMU) zone is to classify and set standards for those business, office, administrative or professional land uses which by their nature are of relative low intensity and therefore, when properly located and designed are compatible with adjacent residential zoning and the development therein.

(2)

Office-professional mixed uses should have access to four-lane or wider streets as specified on the master plan of streets and highways; on land that is topographically suited to such uses without major earth movement, resulting in unsafe or unsightly cut or fill slopes; situated to serve several neighborhoods; and capable of serving as a buffer separating residential land uses from the more intense community, regional, service, or highway commercial uses.

(b)

Neighborhood-commercial mixed-use (NMU) zone.

(1)

The purpose of the neighborhood-commercial mixed-use (NMU) zone is to classify and set standards for those retail and service commercial uses which by their nature are of moderate intensity; are necessary in order to provide convenient daily shopping facilities to residential home and apartment dwellers; and are generally adjacent to or within close proximity to residential zoning or development and, therefore, require extraordinary physical treatment in order to guarantee compatibility with and protection to surrounding properties and their values.

(2)

Neighborhood-commercial mixed-use centers should serve several neighborhoods and be located with primary access to a four-lane or wider street, preferably at the intersection of a major and collector street or two (2) four-lane or, wider streets. Land so utilized should be topographically suited to such use without major earth movement, resulting in unsafe or unsightly cut or fill slopes.

(c)

Regional-commercial mixed-use (RMU) zone.

(1)

The purpose of the regional-commercial mixed-use (RMU) zone is to classify and set standards for a regional business center which provides a complete line of shop and store types, eating and entertainment facilities, business and financial services and multi-family residential uses. The dominant establishments are one (1) or more department stores flanked by specialty shops.

(2)

Regional-commercial business and mixed-use centers shall be in a strategic location to serve the general regional area of the East San Gabriel Valley and have direct access on major traffic carriers (i.e., freeways or four-lane or wider streets or highways). Land should be topographically suited for such use.

(d)

Service-commercial mixed-use (SMU) zone.

(1)

The purpose of the service-commercial mixed-use (SMU) is to classify and set standards for those retail and service commercial, recreational, business office and multi-family residential land uses which by their nature are of a relative high intensity; are unique in that their success depends upon direct motorist exposure and excellent access; require special traffic circulation patterns that will not unduly restrict rapid traffic flow and extraordinary physical treatments in order to create compatibility with adjacent zoning and the development thereon.

(2)

Service-commercial uses should have access to a four-lane or wider street or highway as specified on the master plan of streets and highways, on land that is the same grade level as the street or highway without major earth movement, resulting in unsafe or unsightly cut or fill slopes.

(e)

Manufacturing (M-1) zone.

(1)

The purpose of the manufacturing zone is to classify and set standards for those industrial and incidental commercial facilities which are of moderate to heavy intensity and have no objectionable or obnoxious effect on any adjacent property. The developmental and operational standards are intended to provide compatibility with and protection to surrounding properties by minimizing traffic congestion, noise, glare, vibration, emission of odorous, toxic or noxious matter, and to provide adequate off-street parking, landscape buffering, and the proper placement of buildings.

(2)

Manufacturing uses should have primary access to a four-lane or wider street or highway as specified on the master plan of streets and highways. Land so utilized should be topographically suited to such use without major earth movement, resulting in unsafe or unsightly cut or fill slope.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Permitted uses. Table 2-12 identifies land uses permitted in each commercial, office and industrial zoning districts.

Table 2-12 Uses and Permit Requirements

(b)

Temporary uses subject to an administrative permit. No temporary use provided for in this section shall be permitted, commenced or engaged in until a written permit therefore has been obtained from the Community Development Director or their designee.

(1)

Major temporary uses. Submittal requirements and review process.

a.

An application for a temporary use permit shall be filed with the planning division at least thirty-five (35) days prior to the proposed use. Applicants are encouraged to apply earlier for larger events/projects. All fees are collected upon application submittal. Written evidence of waived fees shall be obtained prior to application submittal and shall be submitted with the application. The planning division shall route the application to the engineering division, police department, and fire department for comments, conditions of approval, and/or recommendations.

b.

The Community Development Director shall render a decision at least twenty (20) days prior to the proposed use.

c.

Any applicant may appeal the action or decision of the Community Development Director or their designee to the Planning Commission within ten (10) days after such action or decision in which case the Planning Commission shall grant or deny such permit. The Planning Commission's decision shall be final.

d.

To approve the application, the Community Development Director (or their designee), or the Planning Commission shall find that the site is adequate to accommodate such use and that such proposed use, under the conditions imposed, will not have a substantial adverse effect upon the use or enjoyment of property in the neighborhood of the proposed use or upon the public safety, health, or general welfare. Failure to comply with any imposed conditions shall void the permit. No formal public hearings need be conducted, nor any notice given except to the applicant in connection with the granting or denial of such permit.

(2)

Events/projects considered as a major temporary use.

a.

Carnivals, circuses, and rodeos.

1.

Temporary carnivals, circuses and rodeos may be permitted for a period of ten (10) days in any calendar year, and no such activity shall be conducted for longer than five (5) consecutive days at any one time. Certification of the safety of rides and all pertinent equipment for the carnivals, circuses and rodeos shall be made by a professional engineer, registered in the state, with such certification being given to the building department prior to the commencement of use of the equipment.

b.

Christmas tree and pumpkin sales.

1.

The outdoor sale of Christmas trees, pumpkins, and related ancillary items may be permitted in any zone (residentially zoned property must be vacant and located so as not to be detrimental to nearby residents). Outdoor pumpkin lots may operate during the month of October only. Christmas tree sales may begin the Friday after the Thanksgiving Day holiday. Christmas tree lots may set up no more than fourteen (14) calendar days prior to the Friday after the Thanksgiving Day holiday.

2.

Indoor sale of items stated in subsection (a) accessory to a permanent use shall not require an administrative permit.

3.

One single-faced or multifaced sign not to exceed thirty-two (32) square feet per face, consisting of not more than three (3) faces, will be allowed on site. A sign permit is not required.

c.

Construction buildings.

1.

Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction on major construction projects may be established and maintained during the progress of such construction on such project; provided that, such temporary structure may not be maintained for a period to exceed one (1) year.

d.

Firewood sales.

1.

The outdoor sale of firewood and temporary signs relating thereto may be permitted in any nonresidential zone for a period not to exceed thirty (30) days in any calendar year with one (1) extension of thirty (30) days if the conditions of the original permit have been met, subject to the following conditions:

(i)

All firewood shall be neatly stacked and delivered to a fenced site in such a condition as to require no additional cutting, splitting, or sawing.

(ii)

There shall be no power equipment, other than that necessary for the movement of such wood, on the site.

(iii)

The site shall be treated with gravel, decomposed granite, or other similar material to eliminate wet ground conditions.

(iv)

The site must be maintained and left in a neat and orderly condition, free of all debris or residue directly attributable to this use of the property.

e.

Vehicle storage. Primary and permanent use of vehicle storage shall not be permitted in any zone. A temporary use as an accessory use for the storage of vehicles may be permitted subject to all of the following conditions:

1.

Temporary use of vehicle storage shall be granted only to an auto dealership with a valid existing business license.

2.

Temporary use of vehicle storage may be permitted on a vacant lot with no discretionary review. Vacant lots used for such purposes shall comply with the following standards:

(i)

Lots shall be gated and fenced with posts that are anchored into the ground and shall not be located on public property or right-of-way.

(ii)

The gates on the fencing to allow vehicle access shall be set back from the curb a minimum of twenty (20) feet.

(iii)

Lots shall have a finished surface of a minimum three (3) inches of gravel base, asphalt concrete or Portland concrete.

(iv)

In such cases where gravel base is installed, a stabilized construction entrance/exit shall be provided in compliance with the most current edition of the Los Angeles County Department of Public Works Best Management Practice Manual.

3.

Temporary use of vehicle storage may be permitted on surplus parking spaces based on standards as set forth in article III, division 6 and shall require the approval of an administrative permit pursuant to article VI, division 6. Time frames for approval shall be as follows:

(i)

Temporary use shall be permitted up to one (1) calendar year from the date of approval. A one-year extension may be approved if the conditions of the original permit have been met.

(ii)

Any request for an extension of time for a temporary use beyond two (2) years shall be subject to Planning Commission review and approval.

f.

Cultural Events.

1.

Events of any educational, civic, or cultural nature may be permitted without time restrictions except as fixed in the conditions of approval.

g.

Major promotional event; commercial center and a business on its own site (not in O-S zones)

1.

A major promotional event may be permitted for a commercial center or a business on its own site (not in O-S zones) subject to the following conditions:

(i)

No more than two (2) such events shall be permitted in any calendar year, with the exception that commercial centers with a gross floor area of more than five hundred thousand (500,000) square feet shall be permitted up to six (6) such events in any calendar year.

(ii)

No such event shall start within fourteen (14) days of the end of the previous such event.

(iii)

No more than a total of twenty (20) days shall be permitted for such events in any calendar year, with the exception that commercial centers with a gross floor area of five hundred thousand (500,000) square feet or greater shall be permitted up to thirty (30) days for such events in any calendar year.

(iv)

Events held by commercial centers shall be center wide.

(v)

Temporary promotional signage may be permitted as set forth in article III, division 8 (sign regulations).

(vi)

Such other conditions as are deemed necessary by the Community Development Director or their designee and reasonably relate to the provision of adequate parking access for public safety personnel, security, and maintenance of the health, safety, and general welfare of the community.

h.

Major promotional event; uses with designated outdoor display areas on approved precise plans.

1.

The outdoor display, sale or dispensing of merchandise or food, temporary signs, and/or activities relating thereto during a major promotional event (defined in section 26-30) conducted wholly on private property, may be permitted for a business located on a seventy-five thousand (75,000) square foot or larger site with an approved precise plan designating a minimum four thousand (4,000) square feet of area for "outdoor display,", subject to the following conditions:

(i)

Events are permitted for a total of one hundred and sixty (160) days per calendar year. Individual events shall be limited to a maximum duration of sixty (60) days.

(ii)

The Planning Commission may approve an extension of up to fifty (50) days per calendar year in cases of grand openings or change of ownership of sixty (60) percent or more.

(iii)

The Community Development Director or their designee may limit the duration of events that are determined to have a potential adverse impact on surrounding areas. These events may include, but are not limited to, catered events and events with outdoor amusement or live entertainment.

(iv)

No such event shall start within fourteen (14) days of the end of the previous such event.

(v)

Temporary promotional signage may be permitted as set forth in article III, division 8.

(vi)

Such other conditions as are deemed necessary by the Community Development Director or their designee and reasonably relate to the provision of adequate parking, access for public safety personnel, security, and minimizing of potential adverse impacts on surrounding areas.

i.

Real estate office.

1.

One temporary real estate office may be located on any new subdivision in any zone, provided that such office shall be removed prior to the building permit final of the last construction phase. If building permits for the site expires and are not renewed, the temporary real estate office must immediately be removed. Said real estate office is to be erected only for use in sale of the subdivision.

j.

Aircraft takeoff and landing.

1.

The temporary takeoff or landing of any aircraft, airplane or helicopter may be permitted from property within any zone (residentially zoned property must be vacant, of sufficient size and located so as not to be detrimental or a danger to existing residential developments), for a period not to exceed five (5) consecutive days or fifteen (15) calendar days a year.

2.

An administrative permit shall not be granted for any temporary use involving a powered aircraft, airplane or helicopter within one thousand (1,000) feet of any public or private schools (Grades K-12).

3.

Aircraft activity subject to administrative permit requirements shall not include carnival rides involving helicopters, tethered hot-air balloons or other aircraft.

4.

The landing or liftoff of any manned hot-air balloon used for untethered flight is prohibited on property within the City.

5.

Application for such use shall also include a location map designating the landing area, significant structures within the surrounding area, land uses within three hundred (300) feet of the landing site and proposed approach and departure routes.

k.

Nonrecurring fund-raising events in residential and open-space zones.

1.

Swap meets are prohibited in any zone.

2.

No more than three (3) fund-raising events shall be conducted in any one (1) calendar year on any one (1) site.

3.

Fund-raising events are permitted in residential and open space zones not developed with a residential use. Such events are permitted in the commercial portion of the mixed-use zone.

4.

A fund-raising event may continue up to a maximum of two (2) consecutive days. If a holiday is concurrent with a weekend, the sale days may include the two-day weekend and the holiday. The hours of operation shall be regulated by the administrative permit.

5.

No such event shall start within thirty (30) days of the end of the previous event.

6.

No sign advertising the fund-raising event, displays, items for sale, or activities may be placed or maintained on or in any public right-of-way. It shall be the responsibility of the project sponsor and participants to (i) remove all sale-related signs and merchandise from the property at the conclusion of the event; (ii) ensure that the site is maintained in a neat and orderly condition during and after the event; and (iii) meet all administrative permit requirements.

7.

Notwithstanding the foregoing, the incidental or accessory sale of items including but not limited to food, beverages or souvenirs, subject to all legally required permits, shall not be prohibited hereunder.

(3)

Minor temporary uses or special events.

a.

No minor temporary use or special event, as established under this section, and/or promotional signs as required under article III, division 8 shall be permitted, commenced or installed until the business owner, property owner, or property manager obtains a special event permit from the planning division. An application for a special event permit shall be filed with the planning division on the forms prescribed by the planning division. All fees are collected upon application submittal. The Community Development Director or designee shall review said application for compliance with applicable provisions of the municipal code and shall make a recommendation to modify, approved or deny said application. Approval of said application may be subject to conditions of approval that may be determined necessary to protect the health, safety, general welfare, and aesthetics of the community. The written decision of the Community Development Director or their designee shall become final and effective unless appealed in writing within five (5) calendar days.

b.

Special event—Minor promotional event; commercial business (not in O-S zone).

1.

Minor promotional events are short term promotional or grand opening events held by an individual commercial business where goods and/or promotional signs may be displayed on the outside of the building, but which does not encroach into any driveway, parking or landscape areas. This may include special sales events and sidewalk sales and does not apply to uses with outdoor designated outdoor display areas or commercial/retail centers.

2.

A special event permit shall be granted for a minor promotional event subject to the following conditions:

(i)

No more than twelve (12) events, with a maximum of thirty-six (36) days, shall be permitted per calendar year.

(ii)

Grand opening events shall be held within six (6) months of the original opening of the business or the effective date of the business name change.

(iii)

Temporary promotional signage may be permitted as set forth in article III, division 8 (Sign Regulations).

(iv)

Such other conditions as deemed by the Community Development Director or their designee to be necessary and reasonably relate to reducing potential adverse impacts on surrounding areas.

(4)

Temporary uses not listed.

a.

For other temporary uses not listed, the Community Development Director may, at their discretion, determine whether an unlisted temporary use should be classified as a major or minor temporary use. This determination shall be based upon the similarities and differences with the above listed uses and an assessment of the proposed temporary use's compatibility with the zoning district and surrounding land uses.

(5)

Events not subject to planning division approval of temporary use permits.

a.

Noncommercial weddings and other single-day life events such as birthdays in any residential zone or residential segment of the mixed-use zones shall not be subject to a temporary use permit.

b.

Civic events or events requiring a reservation/use agreement from the public services department solely located on a City owned/operated park or the civic center shall not be subject to a temporary use permit. City owned/operated parks and the civic center are designed and intended for public assembly uses.

c.

School functions (student sport events, graduation, etc.) on permitted/approved school sites shall not be subject to a temporary use permit. Events not related to a school function shall require approval of a temporary use or special event permit pursuant to this section.

d.

Uses that are allowed as a home occupation pursuant to section 26-120 (home occupation).

e.

Uses that are approved through the film permit process pursuant to article VI, division 8 (film permit).

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

New land uses, structures, and site development including alterations to existing land uses, structures, and site development within office mixed-use, commercial mixed-use and manufacturing zoning districts shall be designed and constructed in compliance with the following requirements, and all applicable standards in article III (regulations applicable to all zones) and article IV (standards for specific land uses) of this Development Code.

(a)

Site size.

(1)

All sites shall conform to the dimensions set forth in this section. A development or center may be a combination of many parcels totaling at least the required site size, but its design must be integrated and unified.

Table 2-13 Minimum Lot Size for Commercial and Office Mixed-Use and Industrial Zones

(b)

Yards.

(1)

No building or above ground structure shall be constructed within:

a.

(See chart in this section for feet) of the front or rear property lines.

b.

(See chart in this section for feet) of each side property line adjacent to residential zoning or development. The five (5) feet of the front yard nearest the front property line shall be landscaped and the remaining footage may either be landscaped or utilized as a portion of a driveway or off-street parking area. The six (6) feet of either a rear of side yard adjacent to residential zoning or development shall be landscaped with specimen-size plant material (a combination of thirty (30) inch boxed and fifteen (15) gallon trees and minimum five (5) gallons for shrubs) appropriate in type and size to create a solid plant screen. Trees shall be placed at a minimum of thirty (30) feet on center, on average, for this screen. Such landscaping shall be to the approval of the Community Development Director or their designee as represented on the approved landscaping plan.

c.

When the rear of a site zoned OPMU, NMU, RMU or SMU abuts a public street, at the discretion of the Planning Commission, the minimum rear setback may be reduced to five (5) feet, providing that such a reduction will result in an improved design of the development.

Table 2-14 Minimum Required Setbacks for Commercial and Office Mixed-Use and Industrial Zones Adjacent to Residential Zones

Table 2-15 Minimum Required Setbacks for Commercial and Office Mixed-Use and Industrial Zones Adjacent to Nonresidential Zones

(c)

Building coverage. Building coverage of any lot, parcel or center shall not exceed fifty (50) percent of the lot, parcel, or site after all necessary street or alley dedications. A parking structure shall not be calculated as building area provided that a minimum of twelve (12) percent of the total net area of the development is landscaped.

(d)

Height limit.

(1)

Buildings within the nonresidential zone, when within charted feet of a single-family zone, shall have a maximum height as follows:

Table 2-16 Maximum Building Height for Office and Commercial Mixed-Use and Industrial Zones

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Precise plan of design.

(1)

A precise plan of design will be required as specified in article VI, division 3 of this chapter, with particular attention given to compatibility with adjacent residential and commercial zoning and uses, and must be approved prior to development. In addition, all municipal parks and recreational areas shall be developed in a manner consistent with the adopted specific plans of design for parks contained in the City's adopted environmental quality element. Such precise plans of design shall conform to Planning Commission resolution No. 567.

(2)

The filing of a precise plan of design shall be required as part of an application for a mixed-use development and as specified in article VI, division 3, of this chapter. Such precise plans of design shall conform to Planning Commission Resolution No. 567. The review and approval process for an eligible Senate Bill 35 (SB35) housing project shall adhere to California Government Code Section 65913.4, as amended.

(b)

Recycling collection and loading areas.

(1)

When used, all outdoor trash, garbage, recycling and refuse containers shall be screened on all sides from public view by a minimum five and one-half (5½) foot high concrete, masonry or decorative block wall and the opening provided with a gate of solid material. The enclosure shall have a solid roof or coverage that is architecturally compatible with other structures on site. Such area shall be so located as to be easily accessible for trash and recyclable material pick up.

(2)

Any new or existing multi-family development project of five (5) or more units or producing four (4) cubic yards or more of green/yard waste per week shall provide adequate, accessible and convenient areas for collecting and loading recyclable and organics recycling materials as defined in this section. These requirements may be waived if the applicant proposes to have the landscaping and/or maintenance company haul and recycle green/yard waste. Projects electing this alternative will be conditioned to provide this service and will be required to provide the landscape maintenance agreement stating such prior to the issuance of a Certificate of Occupancy.

(3)

The following guidelines will be applied to development projects providing enclosures:

a.

Recycling areas shall be designed to be architecturally compatible with nearby structures and with the existing topography and vegetation.

b.

The design and construction of recycling areas shall be secure.

c.

A sign clearly identifying all recycling collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the recycling areas.

d.

Areas for recycling and organics recycling shall be adequate in capacity, number, and distribution to serve the development project.

(4)

The Community Development Director or their designee shall review each application for adequate design and area allocation suitable to the particular recycling and organics recycling program or process to be in effect at the development project and shall apply these requirements and guidelines accordingly.

(5)

Any and all separate recycling area(s) shall be located so they are at least as convenient for those persons who deposit, collect and load the recyclable materials placed therein as the location(s) where solid waste is collected and loaded. Whenever feasible, areas for collecting and loading recyclable materials shall be part of or adjacent to the solid waste collection areas.

(c)

Color.

(1)

Colors, materials and finishes are to be coordinated on all exterior building elevations to achieve total continuity of design that is visually pleasing and harmonious with adjacent development and/or the surrounding area.

(d)

Lighting.

(1)

All lighting of the building, landscaping, parking lot or similar facilities other than exposed neon shall be so hooded and directed as to reflect away from adjoining properties.

a.

All luminaries shall be designed and placed to complement the development. Luminaries attached to a building shall be concealed, wall-mounted or recessed fixtures.

b.

Security lighting fixtures are not to be substituted for parking lot or walkway lighting fixtures and are restricted to lighting loading and storage areas, and similar service locations.

c.

Exposed tube architectural lighting shall not constitute undue glare or nuisance to adjoining street and properties.

d.

Neon architectural lighting shall be limited to thirty (30) milliamps, except that a Community Development Director or their designee's modification may be granted for unusual installations requiring amperage higher than thirty (30) milliamps in order to achieve brightness comparable to that which is ordinarily achievable with thirty (30) milliamps.

e.

Exposed neon architectural lighting shall be subject to approval by the Planning Commission as a part of the precise plan of design as required by article VI, division 3 of this chapter. A precise plan shall be required where no precise plan exists, for structures built prior to the precise plan requirement in article VI, division 3 of this chapter.

f.

Neon architectural lighting shall be approved pursuant to the Municipal Code requirements for neon signs in article III, division 8.

(e)

Exterior design.

(1)

No part of a roof, excluding mansards, may project above the parapet.

(2)

All exterior walls shall be architecturally treated to provide aesthetic relief.

(f)

Nonconversion.

(1)

No single-family residential structure may be converted to a nonresidential use without approval of a precise plan.

(g)

Underground utilities.

(1)

All utilities shall be underground in accordance with the Municipal Code and approved by the City Engineer.

(h)

Nuisances.

(1)

No portion of the property shall be used in such a manner as to create a nuisance to adjacent properties, such as but not limited to vibration, sound, electro-mechanical disturbance or radiation, air or water pollution, dust, emission of odorous, toxic, or noxious matter.

(i)

Landscaping criteria.

(1)

Landscaping within mixed-use and industrial zones shall conform to the landscaping standards set forth in article III, division 5.

(j)

Walls and fences.

(1)

Walls and fences within mixed-use and industrial zones shall conform to the standards set forth in article III, division 3.

(k)

Mechanical equipment and loading in commercial and industrial zones.

(1)

All rooftop mechanical equipment shall be placed behind a permanent parapet wall and be completely restricted from all ground level views.

(2)

No mechanical equipment is to be exposed on the wall surface of a building.

(3)

Gutters and downspouts are not to project from the vertical surface of the buildings.

(4)

Vents, louvers, exposed flashing, tanks, stacks, overhead doors, rolling and "man" service doors are to be treated in a manner consistent with the color scheme of the building.

(5)

All ground mechanical equipment shall be completely screened behind a permanent structure and all roof top mechanical equipment shall be placed behind a permanent parapet wall and be completely restricted from all views.

(6)

Such screening shall be as high as the highest portion of the equipment or ducting and shall be permanently maintained.

(l)

Maintenance of buildings, structures and parking lots.

(1)

The purpose of this section is to protect the appearance, character and integrity of nonresidential zoned properties and promote a safe and decent environment by establishing minimum standards as they relate to the maintenance of nonresidential buildings and structures. It shall be unlawful for any person owning, leasing, occupying, or having charge or possession of any nonresidential property in the City to maintain on such property any of the following when viewable from the public right-of-way or abutting properties/businesses:

a.

Buildings or structures which are neglected as a result of abandonment, are partially destroyed, or have remained in a state of incomplete construction for an unreasonable period of time as determined by the Community Development Director or their designee and building official.

b.

Buildings or structures with peeling, blistering or otherwise deteriorating paint, or unpainted surfaces, in excess to ten (10) percent of the surface area.

c.

Roofs with loose, unstable or missing tiles, shingles or other material used as roof composition in excess of ten (10) percent of the roof area.

d.

Buildings or structures that have broken, damaged or missing windows, doors, attic vents, and underfloor vents rendering these items unusable for their purpose and causing an attractive nuisance.

e.

Any and all signage shall conform to the standards set forth in article III, division 8.

f.

Buildings or structures whose exteriors, porches, steps, stairs, walls, devices, fences, driveways, or walkways are cracked, broken, defective, deteriorating, in disrepair, or defaced due to writing, inscription, or figures rendering these items unusable for their purpose and constituting in the opinion of the Community Development Director or their designee and building official a hazardous condition or an attractive nuisance.

g.

Garage doors that are missing, broken, sag, or buckle to the extent that they cannot be either opened or closed, rendering the garage unusable for its purpose and causing an attractive nuisance.

h.

Any structure or building or portion thereof which, as compared to adjacent properties, is unsightly in appearance and out of character by reason of its condition.

i.

All landscaping shall conform to the standards set forth in article III, division 5.

j.

Parking lots design and areas shall conform to the standards set forth in article III, division 6.

k.

paved areas with a cracked, broken or otherwise deteriorating surface, in excess of ten (10) percent of the surface area shall be considered a nuisance and shall be repaired.

l.

Any sidewalk, hardscape or parking facility, with potholes, broken, raised or depressed sections, large cracks, mud and/or dust, accumulation of loose material, faded or illegible pavement striping or other deterioration shall be repaired.

(m)

Construction in fire hazard severity zones (FHSZ).

(1)

The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety.

(2)

This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).

(3)

Construction standards, building materials and design.

a.

All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.

(4)

Vegetation management and defensible space.

a.

All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Building design and design standards.

(1)

All multi-family housing units shall comply with the general building design and site design standards in the West Covina Multi-Family Objective Design Standards document. The approved architectural treatment shall be used throughout the development.

(2)

A minimum of fifty (50) percent of the proposed dwelling units shall have direct pedestrian access from the dwelling unit to an exterior walkway along a street, drive, paseo, or park/open space without going through. A common breezeway or hallway does not meet this requirement. The area bounded by Citrus Street to the west, Workman Street to the north, Barranca Avenue to the east, and the Interstate 10 to the south (also known as Eastland Center) is exempt from this requirement due to the higher intensity envisioned for this area.

(3)

All projects where at least sixty-six (66) percent of the proposed new square footage is intended for residential occupancy shall comply with the West Covina Multi-Family Objective Design Standards.

(b)

Contents of copies of CC&R's.

(1)

Copies of conditions, covenants and restrictions that will apply to a proposed condominium project shall be submitted after the approval of a project and approved by the Community Development Director or their designee and City Attorney, and recorded by the applicant. These CC & R's shall:

a.

Provide a statement that ensures that each residential unit shall be used as a residence for a one family unit only.

b.

Provide for perpetual maintenance of grounds and buildings.

c.

Include a full statement of the age of the building and any modification and refurbishing started or completed within one (1) year of offering the project for sale as a condominium.

d.

Provide an explanation to the buyer of his responsibility for sharing the maintenance and upkeep of buildings and structures within the project other than his own unit.

e.

Provide that the names of the officers and members of the board of governors or homeowners association shall be filed annually with the City clerk.

f.

Include the following certificate on the title sheet dedication clause of the subdivision map: "WE HEREBY DEDICATE TO THE CITY OF WEST COVINA THE RIGHT TO PROHIBIT THE CONSTRUCTION OF ADDITIONAL RESIDENTIAL BUILDINGS THEREON, EXCEPT FOR ADDITIONAL PARKING, RECREATIONAL FACILITIES, AND ACCESSORY BUILDINGS OVER THE AREA DESIGNATED AS THE COMMON AREA."

(c)

Density.

(1)

The maximum number of dwelling units shall not exceed twenty (20) units per gross acre. Contiguous parcels which are part of a large, multi-building and multi-use development shall be considered as one (1) site, provided the residential and commercial uses are integrated and pedestrian connections are provided from any residential building to commercial buildings.

(d)

Vehicles in the mixed-use zones with residential development.

(1)

The provisions of article III, division 6 shall apply to the size, number and location of parked and stored vehicles within the mixed-use zone.

(e)

Floor area ratio.

(1)

There shall be a minimum gross floor area ratio of 0.15 of leasable commercial square footage.

(2)

The floor area ratio may be calculated on an area wide basis for contiguous parcels which are part of a large, multi-building development. To qualify for an area wide floor area ratio calculation, a project must be integrated in design and function, and the owner/developer of each parcel must record deed restrictions preserving the minimum floor area ratio of commercial square footage for the multi-building development.

(3)

Subterranean and above-grade parking structures shall not be included in the required minimum floor area ratio.

(f)

Building setbacks from property lines.

(1)

The building setback from the property lines shall be governed by the following table:

Table 2-17 Building Setbacks from Property Lines

(g)

Building separation.

(1)

The minimum building separation between main buildings shall be ten (10) feet or as required by the California Building Code, whichever is more restrictive.

(2)

There shall be no minimum building separation between a main building and an accessory building or between accessory buildings, except as required by the California Building Code.

(h)

Maximum building height.

(1)

Maximum building height when within one hundred (100) feet of the residential agriculture (R-A) or residential single-family (R-1) zones or an existing single-family residential use shall be forty-five (45) feet.

(2)

All buildings containing any residential use shall be limited to forty-five (45) feet, except within the area bounded by Citrus Street to the west, Workman Street to the north, Barranca Avenue to the east, and the Interstate 10 to the south (also known as Eastland Center) shall have a maximum building height of seven (7) stories or eighty-five (85) feet.

(3)

Buildings containing only non-residential uses have no height limit, except as described above and as limited by the Federal Aviation Administration (FAA).

(i)

Open space.

(1)

Open space standards shall comply with the standards set forth in section 26-48(i).

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Open space (O-S) zone.

(1)

The purpose of the open space zone is to identify and set forth permitted uses, and standards of development within open space lands.

(2)

Open space zoned land may be located anywhere in the City provided it is consistent with the City's adopted policies and plans.

(b)

Specific Plan (S-P) zone.

(1)

The purpose of the Specific Plan zone is to provide greater specificity and flexibility in carrying out the General Plan of the City than would be possible in other zoning districts. This zoning district is intended for areas that are subject to Specific Plan adopted under article 8 of chapter 3 of title 7 of the Government Code (sections 65450 et seq.). The uses, types of development and development standards in an area zoned Specific Plan are those permitted by the Specific Plan adopted for that area. Each separate Specific Plan district and its accompanying Specific Plan shall be sequentially numbered. If land is placed in the Specific Plan district before a Specific Plan is adopted for that land, the standards of the immediately preceding zone shall continue to apply until a Specific Plan is adopted.

(2)

Specific Plan zoned land may be located anywhere in the City provided uses within the Specific Plan are consistent with the General Plan of the City.

(3)

The uses and types of development proposed in this zone shall maintain and enhance the character of the surrounding vicinity. During the preparation, review and approval processes for a Specific Plan, consideration shall be given to elements including but not limited to: Orientation of buildings and uses, building bulk and scale, building height and setback, parking, traffic generation, noise and landscaping. At a minimum, these elements shall be specifically addressed in the Specific Plan in such a manner as to integrate the proposed uses and buildings with surrounding development.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Permitted uses. Table 2-18 identifies land uses permitted in special purpose zones.

Table 2-18 Uses and Permit Requirements

(b)

Uses allowed within the Specific Plan area are the uses set forth in the adopted Specific Plan as permitted, conditionally permitted or not permitted.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Development standards for O-S zone.

(1)

Building coverage.

a.

Building coverage of any lot, parcel or center shall not exceed fifty (50) percent of the lot, parcel, or site after all necessary street or alley dedications.

(2)

Building setbacks from property lines.

a.

The building setback from the property lines shall be governed by the following table:

Table 2-20 Minimum Required Setbacks for the O-S Zone.

(3)

Building separation.

a.

The minimum building separation between main buildings shall be ten (10) feet or as required by the California Building Code, whichever is more restrictive.

b.

There shall be no minimum building separation between a main building and an accessory building or between accessory buildings, except as required by the California Building Code.

(4)

Maximum building height.

a.

The maximum building height shall be twenty-five (25) feet.

(b)

Construction in fire hazard severity zones (FHSZ).

(1)

The purpose of this section is to establish regulations for construction and development within FHSZ to mitigate the risk of wildfires, and protect life and property and promote public safety.

(2)

This section shall apply to all properties within the FHSZ as designated by The Department of Forestry and Fire Protection (CAL FIRE).

(3)

Construction standards, building materials and design.

a.

All structures within the FHSZ shall utilize fire-resistant materials and design techniques in accordance with chapter 7A, Materials and Construction Methods for Exterior Wildfire Exposure of the California Building Code.

(4)

Vegetation management and defensible space.

a.

All buildings and structures located within the FHSZ shall maintain the required hazardous vegetation and fuel management requirements pursuant to Section 4907.3 of the California Fire Code.

(c)

Development standards within the Specific Plan area are the standards set forth in the adopted Specific Plan.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

The purpose of overlay zones is to define geographic areas on the zoning map where special requirements or limitations apply, in addition to standards set forth for the underlying base zoning district.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Purpose. It is the intent of the City that undeveloped land designated as being within the hillside overlay zone, be developed according to the guiding principles and standards of this division in order to accomplish the following:

(1)

To assure the orderly development of hillside areas.

(2)

To achieve land use densities that are in conformance with the General Plan; however, the uniformity of these densities will be modified by, (1) prohibiting development on excessively steep slopes and (2) permitting "density transfers" in order to achieve specific economic, energy, environmental and aesthetic objectives.

(3)

To promote a development pattern that balances economics with environmental concerns, and private property rights with the public interest.

(4)

To assure land planning and development patterns that take into account the cost-benefits of alternative designs upon City services and fiscal resources.

(5)

To assure development patterns that will minimize the utilization of the critically scarce resources, water and energy.

(6)

To encourage hillside development that will leave a residual amount and pattern of undeveloped land, to form the nucleus of a viable open space system in the San Jose Hills.

(7)

To assure the placement of hillside development so that the open space will coincide with areas of critical environmental concern and/or recreational opportunity.

(8)

To assure that well-designed residential development occurs, that is compatible with the site and the adjacent hillsides.

(9)

To assure that hillside development demonstrates a concern for the view of the hills as well as the view from the hills to retain the sense of identity and image that these hill areas impart to the City and its environs.

(10)

To assure that streets, public utilities and facilities are designed and constructed in an orderly, well managed, planned manner; with each development taking into consideration its impact on existing and future development in the area.

(b)

Application.

(1)

Hillside areas shall be designated on the zoning map by an "H" overlay zone. The provisions of the base zone shall apply except that the provisions of this article shall supersede conflicting provisions of the base zone.

(2)

Before the "H" overlay zone is applied to, or removed from, the zoning map, the Planning Commission shall hold a hearing and based on the evidence presented, the commission shall determine whether the area should be so designated/undesignated. Notice of such hearing shall be in the manner prescribed in this chapter.

(c)

Procedure.

(1)

The developer of any proposed development in the hillside (H) overlay zone that involves a division of land, shall submit: (1) a site plan; (2) exterior elevations of the residences; and (3) a scale model for any subdivision in conjunction with the tentative map. The site plan will be reviewed for compliance with this division, the subdivision map act, the General Plan, applicable specific plans, this chapter, grading ordinances, etc.

(2)

Site plans shall include:

a.

The location of the dwelling units on the building pads;

b.

Delineation of the planted and unplanted portions of the site;

c.

Fire trails/roads;

d.

Structures in the open space areas; and

e.

Any other information the planning division deems is necessary for review.

(3)

No division of land or site plan shall be approved which does not accommodate or provide for sewage disposal and water capacity sufficient to permit an extension of the facilities to serve other adjacent areas which are affected by the division of land or site plan.

(4)

In addition to the above, the following reports shall be submitted for staff and Planning Commission review when a development site falls within a hazardous geologic area as defined by the adopted seismic safety element of the General Plan:

a.

An engineering geologic investigation based on the most recent grading plan and including adequate description of the geology of the site and conclusions and recommendations regarding the affect of geologic conditions on the development.

b.

A soils engineering investigation based on the most recent grading plan and including data regarding the nature, distribution, and strength of soils, conclusions, and recommendations for grading procedures, and design criteria for corrective measures.

(d)

Slope computation.

(1)

The average slope of a lot or parcel shall be calculated for the purposes of this division according to the formula: S = 100IL/A

a.

Where:

S is the average slope in percent.

I is the contour interval in feet.

L is the combined length of contour lines in scale feet.

A is the gross area in acres of the parcel or as applicable.

b.

In measuring the slope, a topographic base map shall be used which meets the requirements for tentative maps as specified in the City's subdivision ordinance. Measurement along contours shall be made at contour intervals not to exceed ten (10) feet.

(e)

Prohibitions on development of excessive slopes. Any substantial portion of hillside area over forty-five (45) percent slope must be left in an essentially natural, ungraded state. Furthermore, it is intended that minimal grading be performed on slopes in excess of thirty-five (35) percent, wherever possible.

(f)

Permitted density. The maximum density of any one (1) property within the hillside (H) overlay zone shall be one (1) dwelling unit per gross acre. This maximum density may not be obtained on sites containing extensive areas of steeply sloped terrain.

(g)

Density transfer.

(1)

The number of residential units permitted a property (based on one (1) dwelling unit per gross acre) may be transferred and concentrated to a portion of the site when the criteria outlined below occur. The minimum lot size, in such case, shall be twenty thousand (20,000) square feet. The residual open space areas, which are to remain free of residences, shall conform to the standards outlined in section 26-59(j).

(2)

The density transfer shall be applied to all hillside (H) properties where:

a.

A density transfer will substantially lessen the per unit utility and improvement costs to the developer and to the prospective homebuyer.

b.

A density transfer will substantially lessen the service costs.

c.

A density transfer will preserve substantial portions of the hillside critical for natural processes, scenic beauty, wildlife habitat etc., in an essentially natural state.

d.

A density transfer will leave substantial portions of the site ungraded.

(3)

It is the intent of this section, that hillside (H) properties utilize the density transfer wherever it is feasible to do so.

(h)

Design standards for lots utilizing density transfer.

(1)

The following standards will be adhered to for proposed divisions of land in the hillside (H) overlay zone, that are transferring density. Modifications of these standards will only be permitted where it can be demonstrated to the Planning Commission that strict interpretation of such standards will prove to be impractical due to the variable nature of hillsides and shall not be detrimental to the environment:

a.

The minimum lot size shall be twenty thousand (20,000) square feet.

b.

The minimum lot width shall be eighty (80) feet and the minimum lot depth shall be one hundred twenty-five (125) feet.

c.

The setback standards shall conform to those of the underlying zone. Variable front yard setbacks may be required where pad size and other environmental considerations permit.

d.

Building design shall be compatible to the specific site, the hillside, and neighboring developments.

e.

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five-foot setback from location of slope unless waived by the City building and fire departments.

f.

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the Planning Commission and then City Council may be taken by filing a written notice of appeal with the City clerk, together with a thirty dollar ($30.00) appeal fee.

(i)

Design standards for lots not utilizing density transfer.

(1)

The following standards will be adhered to for all proposed divisions of land in the hillside (H) overlay zone, that are not transferring density in accordance with section 26-59(g).

a.

Minimum lot size shall be one (1) acre (forty-three thousand five hundred sixty (43,560) square feet). Lot dimensions, setback standards, maximum building coverage and other zoning requirements shall conform to Area District V standards.

b.

Structures, eaves or any building appurtenance overhanging slopes shall be prohibited and shall have a clear twenty-five (25) foot setback from location of slope unless waived by the City building and fire departments.

c.

Roofing shall be of a noncombustible material as defined in the most current edition of the Uniform Building Code unless appealed to and waived by a committee consisting of the Community Development Director or their designee, building official, and the fire chief, or their respective deputies or assistants when so authorized. An appeal of the committee's decision to the Planning Commission and then the City Council may be taken by filing a written notice of appeal with the City clerk, together with a thirty dollar ($30.00) appeal fee.

(j)

Criteria for selecting the open space areas in a density transfer design.

(1)

The developer in formulating, and the planning division/ Planning Commission in reviewing, a site plan for a density transfer design, shall abide by the following criteria in selecting the open space areas.

a.

Lands with steep slopes.

b.

Lands that have outstanding scenic or ecological value.

c.

Lands that would assist in the creation of an open space system.

(k)

Regulations for open space areas.

(1)

Such lands shall be preserved in essentially their natural state as a collective private open space owned, maintained and enjoyed by the tract's residents.

(2)

Development in the common open space areas will be prohibited in a recorded deed restriction, with authority vested in the City to enforce the restriction.

(3)

The City may require easements for public access through portions of these open space areas. Such easements will be conditions of tentative map approval and shall be delineated on the final map.

(l)

Landscaping plans.

(1)

As a condition to the approval of (and prior to the recordation of) a final map landscaping plans including planting design and an irrigation system (all of which are prepared by a licensed landscape architect) shall be submitted by the applicant for review and approval by the Community Development Director or their designee or duly authorized representative.

(2)

In acting upon landscaping plans, the Community Development Director or their designee shall consider the screening of trash enclosures, parking areas in multiple residential developments, the planting of slopes for both stabilization and appearance, and fire resistance, durability, size, and quality of the proposed plant material. If required, the developer shall assume all costs to provide proof, that the above requirements are met.

(3)

Applicant shall prepare a statement of the quality of existing vegetation in regard to its ability to prevent soil erosion, and provide fire resistance. If existing vegetation is unacceptable to the appropriate departments in terms of these qualities, it shall be replaced by acceptable material.

(4)

Planting and irrigation system plans shall address the following:

a.

All cut and fill slopes shall be planted with deep-rooted plants that are able to acclimate to the proposed environment. A permanent irrigation (as approved by the Community Development Director or their designee) shall be installed to uniformly cover all planted areas.

b.

Slope planting and irrigation systems shall be provided by the developer on all slopes greater than four (4) feet vertical height. Slopes shall be adequately planted with landscaping consisting of a minimum of one-third (⅓) shrubs and trees. The remainder may be grass or ground cover and trees and shrubs. The final plans showing the landscaping and irrigation shall be subject to the approval of the Community Development Director or their designee. All planting and irrigation systems shall be complete and operative before final approval of the grading, or issuance of occupancy on the residence.

c.

Plants consisting of grass, groundcover, shrubs, and trees as recommended in the planting schedule shall be used. In addition to ground cover plants, approved shrubs having a minimum one (1) gallon size at ten (10) feet on center in both directions on the slope, or trees having a minimum five (5) gallon size at twenty (20) feet on center both ways may be used. A combination of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of the landscape architect and approval of the Community Development Director or their designee.

d.

Irrigation details. Fully automated irrigation systems are required unless waived by the Planning Commission; however, the owner shall be responsible for watering the slopes which have been planted at sufficient time intervals to promote growth.

1.

Minimum requirements for low slopes to fifteen (15) feet in vertical height:

(i)

A sprinkler system shall be installed to irrigate such slopes at the time the house plumbing is installed.

(ii)

If the Community Development Director or their designee finds the slope is located in an area which makes hand watering possible conveniently located hose bibs will be accepted in lieu of the required sprinkler system when a hose no longer than fifty (50) feet can be utilized.

2.

Minimum requirements for medium slopes fifteen (15) feet or higher in vertical height: An adequate sprinkler system shall be installed during grading prior to planting of shrubs and trees and before final grading is approved by the building official.

3.

Special requirements for sprinkler systems:

(i)

Plans, specifications, and calculations for the sprinkler system shall be submitted to and approved by the Community Development Director or their designee prior to installation.

(ii)

Sprinkler systems shall be designed to provide a uniform water coverage at a rate of precipitation of not less than one-tenth inch per hour nor more than three-tenths inch per hour on the planted slope. In no event shall the rate of precipitation or duration of sprinkling be permitted to create an erosion problem or allow the discharge of excess water into any public or private street.

(iii)

A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.

(iv)

A functional test of the sprinkler system shall be performed by the installer prior to approval.

(v)

Sprinkler systems shall be fully automatic unless waived by the Planning Commission.

(vi)

The irrigation system shall comply with article III, division 5 and Planning Commission Resolution No. 11-92-4718.

4.

Planning Commission Resolution No. 11-92-4718 contains a list of plants identified as meeting the purpose and intent of the water efficient landscape ordinance.

(5)

All landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants shall be replaced as deemed necessary by the Community Development Director or their designee. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of article III, division 5 of this Code and Planning Commission Resolution No. 11-92-4718.

(6)

Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low head drainage, overspray and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways or structures. A regular maintenance schedule should include, but not be limited to, checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree pruning shall be performed in compliance with acceptable standards as set forth by The Western chapter International Society of Arborists.

(7)

All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in article III, division 5 of this Code, and the Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.

(m)

Landscape Maintenance. The developer shall plant, water, and maintain each graded slope on unsold property developed with structures until all properties within the development have been occupied. Plants shall be maintained, and replaced, if necessary, until the property is sold. Grading bonds shall not be released until the building and planning officials certify that the planting meets the requirements of this division.

(n)

Incentives. In order to encourage developers to build in a manner more suitable to the hillsides, the following incentive is available: Building heights, as permitted in this chapter, may be increased by variance approval above that which is normally allowed when compatible to the surrounding areas. The views from adjacent or neighboring parcels shall not be adversely affected by any such height increase.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Purpose.

(1)

Planned community development:

a.

Provide the developer with greater flexibility in site design, density and housing unit operations in order to stimulate variety and innovation within the framework of a quality residential environment.

b.

Direct new community growth and development in the process of implementing the General Plan.

c.

Achieve more interest, individuality and character within and among neighborhoods.

d.

Provide criteria for the inclusion of compatible uses designed to service the residential developments within the community.

e.

Encourage the most effective use of a site with a variety of residential environments providing necessary public facilities, ample open space and a functional, well-balanced community.

(2)

Planned residential development:

a.

Encourage a more desirable living environment;

b.

Encourage a more efficient, desirable and aesthetic use of land through utilization of modern innovations in residential developments;

c.

Encourage the reservation of a greater proportion of land for common open areas;

d.

Encourage the retention of natural slopes, waterways and other natural features by utilizing such areas as open space;

e.

Encourage more efficient use of those public facilities required in connection with such residential development; and

f.

Insure compatibility with established residential areas.

(b)

Establishment of PRD overlay zone.

(1)

A planned residential development overlay zone shall be established only in conjunction with a residential zone and shall be designated on the official zoning map with the symbol "PRD" in conjunction with the underlying zone classification, i.e., "R-1 PRD."

(c)

Classification Criteria. The following general criteria are hereby established for use in the classification or reclassification of land to the planned community or planned residential development:

(1)

General Plan. Compliance with the General Plan shall be established.

(2)

Site area.

a.

A minimum of one hundred (100) acres shall be required for a planned community development.

b.

A planned residential development may be established on land that is zoned R-1, MF-15, MF-20 or MF-45 and which is suitable for, and of sufficient size, to be planned and developed in a manner consistent with the purpose of this division.

(3)

Any application for an overlay zone shall be accompanied by a master plan for the entire area covered by the application.

(4)

All land in a proposed overlay zone shall be held in one (1) ownership or under unified control or have the written consent or agreement of all owners of property proposed for inclusion in the overlay zone.

(5)

The existing utilities systems (water, sewer, drainage, electrical, gas, and communications facilities) are adequate, or new systems shall be constructed to adequately serve the development.

(d)

Application.

(1)

An application for an overlay zone shall be submitted by the owner, his authorized agent, or the purchaser of the land with the consent of the owner.

(2)

The application shall be accompanied by the following which should be prepared by a qualified professional team:

a.

Topographical maps of existing terrain drawn to a minimum five (5) foot contour.

b.

A generalized grading plan which indicates proposed earth movement and the results of such movement.

c.

A utility map or statement reflecting a utility system which includes, but is not limited to, sewer, water, and gas capable of serving the entire development.

d.

A master plan which shall show:

1.

Location and boundaries of the proposed development.

2.

The general type, character, and heights of all buildings or structures; e.g., single family houses, townhouses, or cluster houses.

3.

Proposed densities of all areas scheduled for residential development.

4.

Proposed uses of all and including residential, school sites, public and private recreational facilities, all common open space, and in the PCD zone commercial and professional centers and industrial facilities.

5.

Natural features that are to be retained; i.e., stands of trees, rock outcroppings, canyons, natural slopes, etc.

6.

The location and width of public and private streets which shall be consistent with the master plan of streets.

e.

Proposed site development standards for all residential, commercial and industrial uses.

f.

The location and width of public and private streets.

g.

Site data, including acreage in total development, total acreage in each density classification, school sites, church sites, commercial sites and industrial sites, total acreage devoted to common open space and minimum lot sizes.

(e)

Application fee. An application for an overlay zone shall be accompanied by a filing fee as specified in section 26-184.

(f)

Procedure.

(1)

Upon receipt of an application for an overlay zone, the Planning Commission shall hold a public hearing on such application. If it finds the criteria set forth herein have been met, it may establish the overlay zone subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds any of the criteria have not been met, or that the approval of the application would be detrimental to the public peace, health, safety or welfare.

(2)

The decisions and findings of the Planning Commission:

a.

On planned residential development applications, shall be final unless appealed to the City Council.

b.

On planned community development applications, shall be forwarded along with the community master plan to the City Council. The City Council shall hold a public hearing and either approve, conditionally approve, or deny the community master plan. The decision of the City Council shall be final.

(g)

Public hearing and appeal procedure. Public hearing and appeal procedure shall be set forth by article VI, division 1 of this Development Code.

(h)

Termination of overlay zone.

(1)

The overlay zone, and any master plan or other material approved as a part thereof, shall become null and void if the physical development of the district is not commenced within two (2) years from date of adoption of the resolution establishing the zone.

(2)

An extension of time, not to exceed one (1) year, may be granted by the Planning Commission or City Council when extenuating circumstances can be clearly shown by the applicant. The request for an extension of time shall be submitted to the Planning Commission in writing prior to the expiration date and shall clearly state the reasons why the physical development of the district has not been commenced and such overlay zone has not been utilized.

(i)

Approval of a development plan.

(1)

After the establishment of an overlay zone and prior to the termination date as specified in section 26-60(h), an application for approval of a development plan which is in substantial conformance with the approved master plan shall be filed with the Planning Commission. A development plan may cover all or a portion of the district. No building permit shall be issued for any new building or structure unless a development plan covering the area has been approved.

(2)

A development plan shall contain the material herein specified and shall be prepared by a qualified professional team.

a.

The exact boundaries and legal description of the property to be developed.

b.

All proposed improvements that are to be constructed on the land and their precise locations including, but not limited to, all residential facilities, walls and fences, trash areas, streets, and walk areas.

c.

Common open space showing size, grades, and function upon completion.

d.

The location and dimension of all off-street parking facilities, public and private.

e.

The location and size of any public or quasi-public facilities such as schools, churches, and parks.

f.

A tabulation of the percentage of total building coverage of the development.

g.

A tabulation of densities within each project area or sector.

(3)

Building elevations of typical architectural styles to be constructed.

(4)

A schematic landscaping plan indicating the type and size of plant material to be used and method of providing permanent maintenance to all planted areas and open spaces.

(5)

Floor plans of typical dwelling units, the unit size in square feet, and the amount of private open space in square feet.

(6)

If applicable, a subdivision map showing land divisions. The tentative and final subdivision map shall comply with the City subdivision ordinance and the state subdivision map act.

(7)

A proposed construction schedule from groundbreaking to occupancy. All common open space, as well as public and recreational facilities, shall be specifically included in the construction schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(j)

Common open space.

(1)

All common open space shall be preserved for that purpose as shown in the development plan. The developer shall choose one (1) or a combination of the following three (3) methods of administering common open space.

a.

Dedication of common open space to the City, which is subject to formal acceptance.

b.

Establishment of an association or nonprofit corporation of all property owners or corporations within the project area to ensure perpetual maintenance of all common open space.

c.

Retention of ownership, control and maintenance of all common open space by the developer. All privately owned common open space shall continue as such and shall only be used in accordance with the development plan. Appropriate land use restrictions shall be contained in all deeds to ensure that the common open space is permanently preserved according to the development plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners, and shall contain a prohibition against partition of common open space.

(k)

Design criteria.

(1)

The following design criteria are hereby established:

a.

The overall plan shall achieve an integrated land and building relationship.

b.

Open spaces, pedestrian and vehicular circulation facilities, parking facilities, and other pertinent amenities shall be an integral part of the landscape and particular attention shall be given to the retention of natural landscape features of the site.

c.

The layout of structures and other facilities shall effect a conservation in street and utility improvements.

d.

Recreational areas, active and passive, shall be generally dispersed throughout the development and shall be easily accessible from all dwelling units.

e.

Architectural unit and harmony within the development and with the surrounding properties shall be attained.

(l)

Procedure for development plan application.

(1)

The owner, his authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Planning Commission. The Planning Commission shall hold a public hearing on such application. It may approve the development plan if it finds the criteria set forth herein have been satisfied subject to such conditions as it deems necessary. The Planning Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Planning Commission shall be final unless appealed to the City Council.

(m)

Public hearing and appeal. Public hearing and appeal procedure shall be governed by article VI, division 1 of this chapter.

(n)

Application fee. An application for a development plan shall be accompanied by a filing fee as established by a resolution of the City Council.

(o)

Development standards for planned residential development zone.

(1)

The development standards of the underlying zone shall apply to a planned residential development unless they are inconsistent or in conflict with the following standards which shall control:

a.

Density. In any PRD overlay zone, the number of dwelling units per net acre of land shall not exceed the number of dwelling units permitted by the underlying zone except as provided in this paragraph.

b.

For the purpose of calculating the number of dwelling units permitted by the underlying zone, the following table shall be used:

Table 2-21 Dwelling Units Per Acre for Residential Zones

c.

The number of dwelling units per net acre of land may be increased by up to 30 percent if approved by the Planning Commission, provided that the gross density of the development does not exceed the densities identified in Table 2-21.

d.

Minimum lot sizes. Every lot or parcel utilized for a residential structure shall have a minimum width of twenty-four (24) feet. Each such lot shall front for a distance of not less than twenty (20) feet upon a public or private street or pedestrian accessway.

e.

Building heights. Building heights of the underlying zone may be waived to allow greater flexibility with the development. Consideration shall be given to building heights in relation to adjacent property and building inter-relationship within the development.

f.

Yards. The following front, side, and rear yards shall be shown on the development plan and maintained:

1.

Front. There shall be an average front yard of not less than fifteen (15) feet for any building measured from the curbline of private streets and from the property line for dedicated streets. A maximum six-foot-high wall or fence may be placed within any front yard setback, provided such wall or fence is set back five (5) feet from the right-of-way line of dedicated streets or ten (10) feet from the curbline of private streets. Such setback area shall be landscaped.

2.

Side. There need be no side yard provided. However, each development plan will be reviewed to ensure that adequate provisions are made for light and air and free pedestrian movement.

3.

Rear. When the rear of a dwelling unit is adjacent to common open space and accessible thereto, a rear yard need not be provided. A fifteen-foot rear yard shall be provided when the rear of a dwelling unit abuts adjacent private property.

4.

Fire accessways. Each development plan shall provide adequate accessways for free movement of men and equipment to provide appropriate firefighting capabilities. Such accessways shall be a minimum of five (5) feet in width and approved by the City fire department.

g.

Off-street parking. Off-street parking shall be required to conform to the current City standards as specified in the underlying zone.

1.

Covered or open parking compounds may be designed as a functional part of the development. Parking compounds shall be conveniently accessible and adequately screened through the use of walls or landscaping. The arrangement and access for all parking compounds or parking spaces shall conform to City standards.

h.

Ground coverage. Total ground coverage of the entire development (not individual lot) shall not exceed that allowed by the underlying zone.

i.

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This provision need not apply to structures which are three (3) or more stories high.

(p)

Development standards for planned community development zone.

(1)

All development within the planned community development shall meet the following minimum requirements:

a.

Density. All densities shall conform to the approved community master plan.

b.

Building coverage. The maximum building coverage shall not exceed fifty (50) percent of the area covered by the development plan exclusive of all dedicated public rights-of-way. In determining the coverage (ground area of each dwelling) covered parking and garages shall be included.

c.

Off-street parking. Off-street parking shall conform to the current City standards as specified in article III, division 6 of this chapter.

d.

Private open space. A minimum of two hundred (200) square feet of private open space per dwelling unit shall be provided on each individual lot. This requirement does not apply to structures three (3) or more stories in height.

e.

Utilities. All utilities shall be underground in accordance with the Municipal Code and approved by the City Engineer.

f.

Signs. Sign provisions contained in the most restrictive zone classification for each use allowed shall apply.

g.

Other. All other standards as specified by the approved community master plan and text and development plan and text shall be strictly adhered to.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Purpose. The purpose of the auto plaza overlay zone is to preserve the City's auto plaza area to accomplish the City's goal of maintaining an established area designed for new vehicle franchise dealerships in order to make its services more accessible to the public, and to promote economic development within the City.

(b)

Location. The auto plaza overlay zone shall consist of service-commercial (S-C) zoned properties located south of the Interstate 10 Freeway, north of Norma Avenue, west of Baymar Street, and east of Azusa Avenue.

(c)

Permitted uses.

(1)

Permitted uses on any lot or premises within the auto plaza overlay zone shall be limited to the following:

a.

The sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building.

1.

The sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building.

b.

Accessory uses.

1.

The sales of used vehicles operated by the same franchise dealership or automaker operating the primary use.

(i)

Used vehicle inventory on the site shall be limited to no more than thirty (30) percent of the total new vehicle inventory on the same site.

(ii)

Outdoor display of used vehicles is allowed provided that all administrative functions are at all times conducted within an enclosed building.

2.

Vehicle service shop for maintenance and repair.

3.

Car wash.

(i)

The car wash shall only be used to clean the dealership's vehicle inventory and/or to clean vehicles receiving maintenance or repair services.

(ii)

The car wash shall not be made available for public use.

4.

Electric vehicle charging station.

5.

Vehicle rental services shall only to be made available to customers utilizing services offered by the dealership.

c.

Temporary uses.

1.

Filming.

(i)

Filming or filmmaking on any lot or premises shall be limited to advertisement purposes promoting the dealership on the site.

(ii)

Filming shall only be allowed on a lot or property occupied with a new vehicle dealership with an active business license.

(iii)

Filming shall comply with the provisions of article VI, division 8 (film permit).

(d)

Security lighting requirement. All properties located within the auto plaza overlay zone shall have all its parking lot/vehicle display light standards/poles brightly lit from sunset until 9:00 p.m. Parking lot/vehicle display light standards/poles shall automatically be switched to dimmer lighting between 9:00 p.m. and sunrise.

(e)

Development standards. Any proposed development and/or construction within the auto plaza overlay zone shall comply with the development standards set forth in article II, division 2. The provisions set forth in this section 26-61 (auto plaza overlay) shall prevail if any conflicting standards exist.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)

(a)

Purpose. The animal keeping overlay zone consists of properties on the north side of Vanderhoof Drive, including Tract 12292, Lots 18 through 27 (addresses 2633, 2641, 2653, 2707, 2715, 2727, 2743, 2755, 2769, and 2807 Vanderhoof Drive).

(b)

Permitted Uses. Uses permitted with the animal keeping overlay zone shall be those permitted within the underlying zone, subject to the development standards in the underlying zone and in sections 26-62(c) and 26-62(d).

(c)

Lower pad area development standards.

(1)

The following development standards shall apply to improvements located in the lower pad area of the lots within the overlay zone.

a.

Setbacks. The setbacks for any proposed improvements shall take into account the size of the subject property and the impacts to the neighboring properties. The location of the site of the improvement shall be based on the type of improvement proposed.

b.

Separation of uses. The location of the proposed improvement shall, at a minimum, conform to the separation standards specified in section 26-46(h). Greater separation distances are encouraged to reduce conflicts between uses.

c.

Structural design. The structural design of the improvements shall be compatible with the architecture of the main house on the property and the agrarian nature of the lower pad area.

d.

Screening. Fences, walls, and/or landscaping shall be provided to provide visual separation between properties. Screening shall be sensitive to animal keeping areas in proximity to habitable space/recreational improvements, and vice versa.

(d)

Administrative permit required.

(1)

Prior to the construction of any improvement in the lower pad area such as habitable structures (including accessory dwelling units), nonhabitable structures that require the issuance of a building permit, swimming pools, spas, sports courts, and similar uses (whether or not a building permit is required), an administrative permit shall be required as specified in article VI, division 6 of this chapter 26.

(2)

Before for an administrative use permit for improvements in the lower pad area of the overlay zone may be granted, the following findings must be made:

a.

The proposed improvement at the particular location would not be detrimental to the current or future keeping of animals in the lower pad area of surrounding properties.

b.

The location and design of the improvement has given consideration to the separation of animal keeping areas from habitable space/recreational improvements.

c.

The location and design of the improvement is not detrimental to the privacy of surrounding properties through the usage and placement of windows and doors, view-obscuring walls and/or fences, retaining walls, trees and other buffering landscaping materials.

d.

The development can be adequately served by existing and/or required infrastructure and services.

(Ord. No. 2519, § 5(Exh. A), 2-20-24)