Chapter 17.62 CONDITIONAL USE PERMITS

Uses listed in the zones or sections of this title as permitted subject to conditional use permit may be so permitted when such uses are necessary to the development of the community and are in no way detrimental to surrounding properties or uses permitted in the zone. In granting the permit the commission may require certain safeguards and establish certain conditions to protect the health, safety and general welfare. Uses existing on the effective date of the ordinance codified in this title which are listed as permitted in this title, subject to a conditional use permit, in the zone in which they are located, may continue without securing such a permit; however, any extension or expansion of such use shall require a conditional use permit. This chapter shall not apply to conditional use permits granted pursuant to Ordinances 329, 326 and 317. (1964 Code Appx. A § 10.10.)

17.62.020 Uses permitted subject to conditional use permit – Additional standards.

Uses listed in the zones as “permitted subject to conditional use permit” may be permitted subject to the provisions of this chapter; however, the following uses shall also be subject to the standards of this section:

A. Drive-Through Facilities per CMC 17.04.203 (Definitions and Standards). The following standards shall govern the establishment and operation of drive-through facilities:

1. Drive-through facilities shall be in conjunction with the below-listed uses:

a. Pharmacies and drug stores.

b. Banks and credit unions.

c. Eating places such as restaurants, fast food restaurants, and cafes.

d. Dry cleaning and laundry services.

e. Other land uses deemed appropriate by the director, as determined pursuant to the procedures established in Chapter 17.60 CMC.

2. Development Standards. Uses incorporating drive-through facilities shall comply with each of the following development standards:

a. Minimum lot area shall be one-half acre and may be reduced when the establishment is within an integrated commercial center or as modified by the planning commission.

b. Maximum lot coverage shall not exceed 40 percent of the lot area.

c. The minimum gross floor area incorporating a drive-through facility shall be 2,000 square feet, excluding associated outdoor seating areas.

d. Setbacks. Building setbacks shall follow the requirements of the underlying commercial zoning districts.

e. Additional setback required when the lot is adjacent to residentially zoned properties or residential land use. The building, including the drive-through lane and windows, shall maintain a minimum 25-foot landscaped setback from street property lines.

f. Maximum building height shall not exceed 35 feet.

3. Parking. The parking requirements shall comply with Chapter 17.62 CMC. The gross floor area for outdoor seating shall be subject to the same parking requirements.

4. Site Design.

a. Buildings shall be oriented toward the street with drive-through lanes, pick-up windows, and off-street parking spaces oriented toward the rear or side yards.

b. Decorative low garden walls shall be provided to screen the parking lot and the drive-through lane from the view of the public street.

c. All service and loading areas shall be screened from public view to the extent possible.

d. Pedestrian routes shall not cross driveways or stacking lanes to reach the building’s entrance.

e. Site design shall minimize pedestrian and vehicle conflicts by creating opportunities for courtyards, plazas, outdoor seating areas, and landscaped pathways that promote safe and convenient pedestrian movement.

f. Pedestrian access and coordinated site furnishings to enhance the bus stops, if near or adjacent to the project site, shall be required as feasible.

g. Outdoor seating areas shall be oriented close to the main building entries, and design the area as an integral part of the project and not simply left-over areas of a site.

h. Reciprocal access between adjacent parking areas shall be provided, where feasible, so that vehicles are not required to enter the street in order to move from one area to another on the same or adjacent sites.

i. The number of curb cuts shall be minimized to reduce pedestrian conflicts along the street and encourage walkability and accessibility.

j. All utility mechanical equipment such as electric and gas meters, electrical panels, cable boxes, and junction boxes must be located in a utility room within the building.

k. Any outdoor mechanical equipment on a roof, side of a structure, or on the ground shall be screened from public view. The screening method must be architecturally integrated with the building design in terms of materials, color, shape, and size.

5. Drive-Through Lane Design. The following requirements apply to any use with drive-through facilities:

a. Each drive-through lane shall be separated from the circulation routes necessary for ingress and egress from the property or access to any parking spaces.

b. Drive-through lane shall have a minimum width of 12 feet.

c. Each drive-through lane shall provide clear pavement markings for the entrance and direction of traffic flows.

d. Discourage stacked drive aisles that create conflict.

e. Drive-through restaurants must submit a traffic study to determine the vehicle stacking capacity and the design and location of the ordering and pick-up windows. The traffic study shall address the following issues:

i. Nature of the product or service being offered.

ii. Method by which the order is processed.

iii. Time required to serve a typical customer.

iv. Arrival rate of customers and peak demand hours.

v. Anticipated vehicular stacking required.

6. Architecture.

a. Building entries shall be located toward the street where a pedestrian can access directly off the public sidewalk to define the street frontage and denote pedestrian areas.

b. Prototypical, corporate architecture and color schemes shall be avoided. The use of fluorescent paints and bright colors is prohibited.

c. Building elevations shall have articulation. Avoid blank walls by:

i. Varying the planes of the exterior walls in depth and/or direction, and adding window openings and/or entrances and other relief;

ii. Adding vertical pilasters, which may reflect the internal building structure;

iii. Adding vertical trellis, green screens, or other landscape features;

iv. Changing color and texture along the wall surface;

v. Adding trims, projections, and reveals along different wall surfaces; and

vi. Articulating the building facade by varying juxtaposition of building elements.

d. Covered walkways at building street frontages and decorative overhead trellis shall be provided for outdoor seating areas. Use the same materials and colors for the covered walkways as with the building.

e. Ladders for roof access shall be from the inside of the building.

f. Storefront windows shall be kept clear and visible to the public right-of-way, free of any frosting or window treatments that obstruct visibility into the business.

g. A decorative covered structure over the pick-up windows shall be provided to add depth and variation to the facade.

7. Landscaping and Lighting.

a. The minimum on-site landscaping shall equal 10 percent of the lot area, excluding the required front, side, and rear yards.

b. The required front, side, and rear setbacks must be landscaped with tree planting, accent planting, or appropriate screening.

c. Street trees along the public right-of-way shall be provided.

d. Trees shall be planted within parking lots to provide heat-reducing shade. Select evergreen and canopy shade tree species for a parking lot.

e. Any play structures shall be placed indoors. The indoor play structure shall be ancillary to the restaurant’s use and shall not dominate the main building.

f. Lighting shall be provided within parking lots. The lights must be directed and shielded to prevent light and glare from intruding onto adjacent sites.

8. Signs. A sign program is required prior to the issuance of building permits and installation of any signs. Corporate signage shall not dominate the building facade.

9. Maintenance.

a. The premises shall be kept clean, and the operator shall make all reasonable efforts to see that no trash or litter originating from the use is deposited on adjacent properties.

b. Adequate trash containers shall be provided. The employees shall pick up trash originating from the site, both on site and within 50 feet of the site’s perimeter, daily.

c. No undesirable odor shall be generated on site.

d. All merchandise, wares, crates in the form of temporary and permanent storage, displays, and goods offered for sale shall be maintained wholly within the building. Storage of any kind is contained completely within an enclosed structure.

10. Noise. Noise emanating from sound systems, including intercom and public address systems, shall not be audible beyond the property line.

B. Drop-off bins and facilities:

1. Shall be located in parking areas so as to avoid conflict with vehicular and pedestrian traffic;

2. Bins shall be set back at least 50 feet from all alleys, streets, highways and on-site collector roads;

3. Bins shall be located at least 50 feet from any buildings;

4. Bins shall be located on raised concrete pads at least six inches higher than the adjacent finished grade;

5. There shall be at least two feet of raised planter around each drop-off bin or facility.

C. Public Storage Facilities.

1. A report shall be submitted by applicant to the planning department showing the economic feasibility of the proposal in relation to other similar facilities in a five-mile radius.

2. All leases submitted by the public storage facility to the tenants shall include the requirement for periodic safety inspections by the city of Covina.

3. No building or structure shall be located within 25 feet of any property line abutting a street unless noted otherwise in this section. All such required yards shall be landscaped and sprinklered in accordance with a plan approved by the planning commission.

4. Permitted signs shall consist of one of the following:

a. A monument-type sign not to exceed an area of 50 square feet per face nor an overall height of 10 feet, and a setback not less than 10 feet; or

b. A wall sign not to exceed 100 square feet and mounted flat against the building.

5. The architectural character of the proposed structures shall be based upon the appropriate use of sound materials and upon the principles of harmony and proportion in the element of the structures. The buildings shall always be maintained in their original condition.

6. All primary building materials shall be of masonry such as stucco, split-face block, concrete panels, bricks, natural stones, or a combination of the stated materials.

7. The roof element on all buildings fronting on all public streets shall be approved by the director.

8. Each public storage facility shall have an office area and adequate public restroom facilities.

9. All utilities available on site are not for use by tenants except for electric lighting. Method of control of these utilities to be approved by the city of Covina.

10. No uses permitted or conditionally permitted listed in the M-1 zone will be allowed in the public storage facility other than that of the storage of goods by private parties or storing of files or inventory by businesses. No storage facility will be used as a warehouse.

11. All limitations described above are to be written in the tenant lease. Failure by any tenant to adhere to the restrictions listed above can result in cancellation of leases.

12. Parking. A total of six parking spaces including one ADA parking space and one loading space with the dimensions of 12 feet by 40 feet shall be required and shall be located at the main entrance of the project area. Temporary parking will be permitted throughout the facility; provided, that sufficient room between the parked cars be maintained to allow normal traffic flow within the facility.

13. All other police and fire department requirements not listed herein shall be complied with.

D. Compact parking stalls:

1. Shall be clearly marked with a minimum dimension of eight feet by 16 feet. Aisle widths may be reduced to no less than 22 feet for 90-degree parking where the aisle exclusively serves compact parking spaces (double loaded). If either row of a double loaded parking space is regular size, or the compact spaces are mixed with regular spaces, the aisle width shall be 25 feet minimum;

2. Shall only be located on lots or sites serving 20 or more automobiles;

3. Shall not be used to meet requirements for covered residential parking, but may be used to provide a portion of the required open residential parking in lots serving 20 or more vehicles;

4. At least 25 percent of the land areas saved through the utilization of compact parking spaces shall be developed with supplemental landscaping that is located within the remaining parking area.

E. Automobile Impound.

1. All vehicle storage areas shall be screened from view on adjacent property or public right-of-way with decorative block walls, landscaping, buildings or other structures. The planning commission may permit or require that the height of any screening walls be greater than otherwise permitted by this code provided no such wall shall exceed eight feet in height.

2. Vehicles shall not be stored above one another unless they are screened by approved enclosures having a height in excess of any vehicle stored above another vehicle.

3. Prior to or concurrent with the issuance of any conditional use permit for an automobile impound yard, the applicant for such a permit shall prepare a plan and take appropriate action for prevention of soil and ground water contamination.

4. All existing automobile impound and/or towing operations shall obtain conditional use permits or discontinue operation on or before July 1, 1992. (Ord. 23-10 §§ 25, 26, 2023; Ord. 18-05 § 7(a), 2018; Ord. 17-14 § 7(a), 2017; Ord. 91-1730 § 1(I), 1991; Ord. 1643 § 5, 1987; Ord. 1593 § 4, 1985; Ord. 1438 § 22, 1979; Ord. 1386 § 8, 1978; Ord. 1274 § 2, 1974; 1964 Code Appx. A § 10.10.)

17.62.025 Uses permitted subject to conditional use permit – Automobile service stations in light manufacturing zone and commercial zones.

In addition to the provisions of CMC 17.62.020, automobile service stations may be permitted in light manufacturing zones and all commercial zones and shall meet the following standards:

A. This section shall not be so construed as to replace or reduce any minimum zoning, building, or other municipal code requirements of more general application; provided, however, that whenever the requirements of this section are more restrictive, or impose greater minimum requirements, the requirements of this section shall control.

B. Operations of automobile service stations shall be limited to the sale of motor fuels and lubricating oils, the sale of new and used tires, windshield wiper blades, fuel tank caps, radiator pressure caps, radiator hoses, hydraulic and cooling fluids, automobile lamp replacements, spark plugs, batteries, and other replacement parts. All service operations, with the exception of the sale and delivery of motor fuels, oil products, brake and cooling fluids, replacement of radiator and fuel caps and windshield wipers, shall be conducted within a building. Repairs or replacements requiring removal of transmission or differential, body and fender repair, painting, tire recapping, or upholstery are prohibited.

C. Hours of operation for the sale of motor fuels, lubricating oils, brake and cooling fluids, and such services and replacements as are permitted without the confines of a building, are unlimited. All servicing operations required to be within a building may be conducted at any time, unless the site is adjacent to a residential zone, in which case such services shall be limited to the hours between 6:00 a.m. and 10:00 p.m.

Delivery of products to an automobile service station may take place at any time, except where the site is adjacent to a residential zone, in which case the deliveries are prohibited between the hours of 10:00 p.m. and 6:00 a.m.

D.1. The minimum area of a site for an automobile service station shall be 22,500 square feet, with a minimum frontage of 150 linear feet on each adjacent street. There shall be constructed thereon a building of not less than 1,200 square feet, exclusive of canopies. An accessory structure of not less than 150 square feet may be provided, in addition to the above provision, when located beneath a canopy. All other accessory structures other than public telephone booths and trash areas are prohibited. The service station site engineer will provide to the staff an analysis of all site traffic flow when all available automobile stations are fully occupied.

2. The minimum area of a site for an automobile service station limited to self-service shall be 15,000 square feet, with a minimum frontage of 125 linear feet on each adjacent street. A “self-service station” shall mean a retail place of business limited to the sale of motor fuels, lubricating oils and hydraulic and cooling fluids. Repair or replacement services shall be prohibited as a function of self-service operations. There shall be constructed thereon a building of not less than 150 square feet when provided beneath the canopy or a building of not less than 600 square feet, exclusive of canopies, or both. All other accessory structures other than public telephone booths and trash areas are prohibited. The service station site engineer will provide to the staff an analysis of all site traffic flow when all available automobile stations are fully occupied. Operations of a self-service station shall be limited to the sale of motor fuels, lubricating oils and hydraulic and cooling fluids. Repair or replacement services shall be prohibited as a function of self-service operations.

E. Public restrooms shall be provided at all automobile service stations. All automobile stations shall provide during their business hours air and water facilities for their customers.

F. A site plan shall be submitted to the planning commission to enable it to confirm that the proposed development of property for an automobile service station is in conformity with both the intent and provisions of this code. No building permit for the construction of an automobile service station shall be issued until a site plan for the total development of the property affected has been approved. The site plan shall be drawn to scale and shall indicate clearly the following:

1. Property dimensions;

2. The location, size, height and proposed use of each building and structure;

3. The location and size of pump islands, pumps and display cabinets;

4. The location of canopies, roof overhangs and other structures;

5. The location, height and proposed materials of walls or fences;

6. The location, size and materials for construction of each refuse storage area;

7. The location and dimensions of all phone booths;

8. The type, size, height, coloring, lighting materials and details of constructions of all permanent signs, and the proposed location of all portable signs;

9. The location and type of landscaping proposed;

10. The location of all restrooms;

11. The location and type of lighting;

12. The location of all utilities, including the location of all poles, transformers, vaults, terminal boxes, meter cabinets and cable placements;

13. The type, location and purpose of all outdoor display or storage cabinets;

14. The location, number of spaces and dimensions of all off-street parking stalls, and the proposed internal circulation traffic patterns;

15. The location of all pedestrian, vehicular and service points of ingress and egress, and the dimensions thereof;

16. The location of all street dedications and off-site improvements;

17. Such other data as may be required by the planning department to permit the planning commission to make the required findings.

G. Every automobile service station located within the city hereafter remodeled or constructed, and notwithstanding whether or not such automobile service station shall be or has been heretofore required to comply with the provisions of this section, shall comply with the following regulations:

1. Buildings shall be located not less than 25 feet from street and five feet from interior property lines. If the interior property lines abut a residential zone, buildings shall set back 25 feet. If a driveway is provided at the rear of the buildings, it shall be a minimum of 15 feet in width;

2. Twenty-five percent of the building face area, other than doorways and windows, shall consist of ornamental masonry and other ornamental materials;

3. Pump islands shall be located not less than 20 feet from street and interior property lines;

4. There shall be a minimum distance between any two pump islands and between any pump island and any building of 20 feet measured from the centerline of such pump islands to the face of the building or measured from pump island to pump island;

5. No portion of any structure, other than one identification sign for each street frontage, shall project closer than five feet to any street or property line. A solid masonry wall or wall of other ornamental materials, identical to those used in the construction of the main building, shall be required on all interior property lines. Such walls shall be constructed to a height specified by the planning director at the time of the site review;

6. Refuse storage areas shall be enclosed on all sides by a solid masonry wall or wall of other ornamental material. Such areas shall be not less than five feet nor more than six feet in height, except for accessway, which shall be enclosed with solid, decorative gates. Refuse areas shall be maintained in a closed manner at all times to prohibit visibility from public rights-of-way or adjacent property;

7. Phone booths must be installed behind the building setback lines;

8. Signs for service stations in any permitted zone shall meet the requirements set forth in Chapter 17.74 CMC, Signs in Commercial Zones;

9. Landscaped areas shall be kept free of all debris and structures, excepting permitted identification signs and approved lighting facilities shown on the site plan. All landscaped areas shall include appropriate irrigation facilities and shall be continuously maintained and located as follows:

a. Raised planters not less than three feet in width shall be adjacent to all street rights-of-way except where driveway entrances exist and shall be tapered to allow for normal curve for driveway entrances,

b. Raised planters not less than five feet in width shall be located adjacent to interior property lines, which planters shall extend from public rights-of-way to the building setback line,

c. A raised planter containing not less than 650 square feet of landscaping shall be provided at the intersection of two or more public rights-of-way,

d. A minimum of 15 square feet of raised planter shall be provided along the building facade facing streets,

e. Raised planters shall not be less than six inches in height,

f. When required by the planning director, the property owner shall assume all costs incurred in securing the services of a landscape architect to review required landscaping as to type and arrangements;

10. All lights shall be hooded so as to prevent the reflection of lights upon abutting property;

11. All electrical, telephone, CATV and similar service wires or cables, which provide direct service to the property to be occupied by the automobile service station, shall, within the exterior boundary line of the affected property, be installed underground:

a. Risers on poles and buildings are permitted and shall be provided by the developer or owner onto the pole which provides service to the property,

b. The developer or owner shall make the necessary arrangements with the utility companies for the installation of such facilities,

c. Appurtenances and associated equipment, such as, but not limited to, service mounted transformers, pedestal maintained terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed aboveground in an enclosed structure;

12. Outdoor display or storage of items for sale, rent or lease shall be prohibited except for the following:

a. Containers of oil, lubricants, polish, cleaners and the like may be stored in closeable cabinets on pump islands,

b. Tires may be stored in a single, closeable storage cabinet but such cabinet must be attached to the main building, not be placed in any setback area, and may not create a visual or circulatory obstruction,

c. Items for sale may be exhibited adjacent to the main building from facing streets so long as such items are not more than 36 inches in width, 48 inches in height and are located within 24 inches of the building face and are parallel thereto;

13. Parking spaces shall be provided on the basis of one stall for each employee on duty at any one time, plus three stalls for each service bay or roll-up door, whichever is greater, plus one stall for each service vehicle retained in conjunction with the operation of the automobile service station, plus one stall for each vehicle, trailer, truck or car normally held for rental from the premises;

14. No driveway opening shall be located within five feet of any interior property line, or within 20 feet of the beginning of any corner curb return measured along the street property line. Driveway openings shall be not less than 25 feet nor more than 40 feet in width, and there shall be a minimum distance between driveway openings of not less than 30 feet in length, with the curb separation between such openings appropriately painted to prohibit on-street parking;

15. No building permit shall be issued until required dedications of necessary rights-of-way, in accordance with the master plan of streets and highways, have been made and accepted by the city;

16. All improvements shall be in accordance with the standards and specifications of the city, and all improvements of dedicated public rights-of-way shall be secured by appropriate bonds prior to the issuance of a building permit.

H. In addition to the sales activity and operations set forth above, an automobile service station may offer and consist of the following:

1. Hand washing of automobiles where an area of not more than 500 square feet is so used;

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

3. Mini-mart or convenience store for the sale of beverages, packaged food, tobacco and similar convenience goods for gasoline supply customers.

I. In addition to the sale activity and operations set forth in this section, a newly constructed, redesigned or remodeled facility for the purpose of a self-service station may engage in the sale of beverages, packaged food, tobacco and similar convenience goods, so long as all products for sale are displayed and merchandised within a building designed for the sale of such items.

1. Parking shall be provided on the basis of one stall for every 200 square feet of gross floor area;

2. Ingress and egress to fuel islands and to the facility must be mutually exclusive.

J. Whenever an automobile service station is discontinued for a period of 180 days, such automobile service station structure and grounds shall be continually maintained in accordance with the provisions of this chapter or shall be removed by the owner if not maintained. (Ord. 18-05 § 7(b), 2018; Ord. 17-17 § 9, 2017; Ord. 17-14 § 7(b), 2017; Ord. 1631 §§ 1 – 4, 1986; Ord. 1565 § 1, 1984.)

17.62.026 Sales – Uses permitted subject to conditional use permit – Liquor, on-sale and off-sale.

A. The following establishments shall obtain a conditional use permit and are subject to the requirements of this section:

1. Establishments that do not currently but propose to sell liquor;

2. Establishments that currently sell liquor but which propose to change the type of liquor to be sold by changing the type of retail liquor license within a license classification;

3. All establishments that currently sell liquor, if the establishment substantially changes its mode or character of operation, which includes, but is not limited to:

a. An increase in floor area; or

b. A 10 percent increase in facing used for the display of liquor; and

4. Establishments which have either been abandoned or discontinued operation which sells liquor for a period of 90 days. For purposes of this section only, a liquor, on-sale or off-sale, establishment, which has received an approved conditional use permit, shall not be deemed to be abandoned or discontinued if such establishment ceases operation due to war, insurrection, riots, floods, earthquakes, fire, casualties or similar causes which are strictly beyond the control and without fault of the owner of the establishment.

B. In addition to the findings required pursuant to CMC 17.62.120(A), prior to approving a conditional use permit for any type of liquor sales use, the planning commission must find as follows:

1. With respect to liquor, on-sale establishments:

a. That the requested use does not fall within 700 feet, measured from property line of the proposed use to the property line of a use for religious worship, school, park, playground, residential or any similar sensitive use; and

b. That the requested use does not fall within 700 feet, measured from property line of the proposed use to the property line of an existing liquor, on-sale use; and

c. That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community; and

d. That the exterior appearance of the structure of the proposed use will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood as to cause blight, deterioration, or substantially diminish or impair the property values within the neighborhood.

2. With respect to liquor, off-sale establishments:

a. That the requested use does not fall within 700 feet, measured as a pedestrian travels, from a place used exclusively for religious worship, school, park, playground, residential or any similar sensitive use, subject to subsection (B)(2)(a)(i) of this section:

i. That the planning commission may find that the public convenience and necessity for the proposed use outweigh the distance restrictions of subsection (B)(2)(a) of this section, upon additional findings that:

(A) The immediate neighborhood requires and needs such services;

(B) Not greater than five percent of the sales floor area or 1,000 square feet, whichever is less, shall be used for the display or sale of alcoholic beverages;

b. That the requested use does not fall within 700 feet, measured as a pedestrian travels, from the proposed use to the property line of an existing liquor, off-sale use, subject to subsection (B)(2)(b)(i) of this section;

i. That the planning commission may find that the public convenience and necessity for the proposed use outweigh the distance restrictions of subsection (B)(2)(b) of this section, upon additional findings that:

(A) The immediate neighborhood requires and needs such services;

(B) Not greater than five percent of the sales floor area or 1,000 square feet, whichever is less, shall be used for the display or sale of alcoholic beverages;

c. That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community; and

d. That the exterior appearance of the structure of the proposed use will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration, or substantially diminish or impair the property values within the neighborhood.

3. With respect to liquor, on-sale, in conjunction with lodges or meeting halls:

a. That the requested use does not fall within 700 feet, as a pedestrian travels, from a place used exclusively for religious worship, school, park, playground, residential or any similar sensitive use, subject to subsection (B)(3)(a)(i) of this section:

i. The planning commission may find that the public convenience and necessity for the proposed use outweigh the distance restrictions of subsection (B)(3)(a) of this section, upon additional findings that:

(A) The immediate neighborhood requires and needs such services;

b. That the requested use at the proposed location will not adversely affect the economic welfare of the nearby community; and

c. That the exterior appearance of the structure of the proposed use will not be inconsistent with the exterior appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or deterioration, or substantially diminish or impair the property values within the neighborhood.

C. Subsection (B) of this section shall not apply to liquor on-sale, in conjunction with a bona fide eating establishment or hotel use with on-sale liquor as an ancillary use. (Ord. 19-04 §§ 10 – 13, 2019; Ord. 08-1951 § 1, 2008; Ord. 01-1884 § 1, 2001; Ord. 93-1748 § 11, 1993.)

17.62.027 Uses permitted subject to conditional use permit – Hotel or motel in C-P, C-3, C-3A and C-4 zones.

In addition to the provisions of CMC 17.62.020, a hotel permitted in the C-P, C-3, C-3A and C-4 zones pursuant to this chapter shall obtain a conditional use permit and shall meet the following standards:

A. Aesthetics/Design.

1. The development shall utilize materials that project an image of permanence and beauty. Such materials which are, but not limited to, brick, stone, tile, marble, granite, concrete, steel and glass must be incorporated around all building sides.

2. Large areas of unbroken walls shall be broken up through the use of varied heights and setbacks, arrangement of colors or facade elements, and/or landscaping treatments.

3. The hotel must be designed to an appropriate scale, size, type, and color of materials in order to achieve consistency with surrounding buildings and uses.

4. Pedestrian walkways within the development shall be enhanced with landscaped setbacks, planters, trees, stamped concrete, and other decorative elements.

B. Layout.

1. Each hotel shall have at least 25 rooms, and no room shall be less than 280 square feet.

2. Hotel rooms may include kitchens. However, no room shall be rented to any person for continuous occupancy for more than four months.

3. In terms of size, the lobby shall be at least 300 square feet plus 25 square feet for each five rooms. The lobby must be designed so as to be conveniently accessible to all entrances and corridors. The location of the front desk shall facilitate employee and guest activities.

4. The development shall contain an adequate amount of storage, janitorial, and related space to accommodate all maintenance and procurement operations.

5. The main entrance shall be clearly visible from the abutting street and/or principal driveway area.

C. Setbacks.

1. The following setback provisions shall be followed:

		Abutting or Adjacent to Residential-Zoned Property	Abutting or Adjacent to Nonresidential-Zoned Property
Front		35 feet	25 feet
Side
	Street	25 feet	20 feet
	Interior	25 feet	15 feet
Rear		25 feet for a two-story hotel or 35 feet in building height measured from the peak or parapet of the roof; for each foot of building height above 35 feet add 1.5 feet of building setback up to a maximum of 60 feet	25 feet

2. There shall be a minimum five feet of landscaped buffer around all sides of parking lots not abutting or adjacent to a residential zone.

D. Parking and Circulation.

1. Repealed by Ord. 18-05.

2. If a structure is utilized, said structure shall contain an element of building materials and colors that are incorporated in the main building.

3. There shall be provided a separate drop-off area for hotel guests located at the main entrance. The drop-off area must not interfere with the principal driveway network.

4. Parking spaces shall be located in areas that are readily accessible to all rooms and any ancillary uses.

E. Landscaping.

1. A minimum of 10 percent of the total site shall be landscaped. This figure includes the landscaping required in setbacks.

2. All trees shall be as follows: 30 percent – 24-inch box and 17-1/2 percent – 48-inch box. All shrubs must be at least five-gallon in size. Larger trees and shrubs shall be located at all vehicular and pedestrian entrances plus focal points on the site.

3. All areas around buildings, exclusive of walkways, driveways, and parking stalls, shall be landscaped.

4. The provisions subsection (A)(4) of this section shall be followed.

5. The provisions of subsection (C)(2) and (3) of this section shall be followed.

6. The provisions of subsection (F)(1) of this section shall be followed.

F. Amenities.

1. Each development shall include a pool and/or spa with an adjacent seating area. The pool and seating area must be buffered from any driveway, parking stall, or pedestrian walkway by a minimum seven and one-half foot wide landscaped strip. Also, pool areas shall be entirely enclosed by a five-foot to six-foot-high security fence composed of wrought iron and/or brick, or other ornamental materials.

2. A minimum of 10 square feet of conference meeting area for each guest room shall be provided. Such room(s) shall be conveniently accessible to kitchen and service areas.

3. Each development may include the following ancillary uses: cafes, grab and go markets, gift shops, on-sale liquor, business services, and fitness centers.

G. Miscellaneous.

1. A decorative six-foot-high masonry wall shall be provided along each interior property line. The height shall be reduced to three feet and set back 10 feet from any exterior property line.

2. For each 25 rooms, there shall be at least one trash enclosure. Additional trash enclosures for ancillary uses shall be provided according to staff and/or planning commission determination.

3. All outside lighting shall be hooded so as not to shine on abutting properties.

4. A market feasibility study shall be submitted with the project application. (Ord. 19-04 §§ 14, 15, 2019; Ord. 18-05 § 7(c), 2018; Ord. 17-14 § 7(c), 2017; Ord. 1678 § 3, 1988; Ord. 1671 § 2, 1988.)

17.62.030 Uses permitted subject to conditional use permit – Buildings exceeding height limit.

Buildings and structures exceeding the height limit stated in the zone may be permitted subject to conditional use permit, except in the A and various R-1 zones. (1964 Code Appx. A § 10.10.)

17.62.040 Uses permitted subject to conditional use permit – Additional uses.

In addition to the provisions of CMC 17.62.020 and 17.62.030, the following uses may be permitted pursuant to this chapter in any zone except where expressly prohibited, when such uses are deemed by the commission to be essential or desirable for the public welfare and convenience and in conformity with the general plan and its objectives. In no case shall a conditional use permit be granted in any zone for a use specifically prohibited in the zone within which the subject property is located:

A. Airport or aircraft landing facilities;

B. Cemeteries, buildings, apparatus or appurtenances;

C. Development of natural resources, with necessary buildings, apparatus or appurtenances thereto, except:

1. Drilling or production of oil, gas or other hydrocarbon substances;

2. Extraction or production of rock and/or gravel;

D. Golf courses and/or driving ranges;

E. Hospitals;

F. Radio and/or television antennas and/or transmitters (commercial); wireless communication facilities and similar equipment, Chapter 17.65 CMC shall apply; satellite or disc antennas shall be screened at ground level from adjacent properties in the manner provided for by the planning commission;

G. Regional uses which serve persons in a regional area as well as in the city, including but not limited to the following:

1. Regional shopping centers;

2. Regional recreation centers;

H. Riding stable or academy;

I. Shopping centers, planned as integrated developments;

J. Stadia;

K. Governmental facilities;

L. Public utility structures;

M. Planned integrated housing developments if the planning commission, in addition to the findings required by CMC 17.62.120, finds all of the following:

1. The proposed site is not less than five acres in area prior to subdivision;

2. At least 20 percent of the total area of the site, not including parts set aside for streets, is set aside to be developed and maintained as a common area;

3. Each dwelling unit proposed to be constructed has appurtenant to it private open space, open to light and air, at one of the following ratios:

a. If a single-family dwelling unit, 300 square feet,

b. If in a duplex or triplex building, for each dwelling unit, 200 square feet,

c. If in a single building larger than a triplex, for each dwelling unit, 150 square feet;

4. The proposed density does not exceed one and one-half times that permitted in the zone in which the site is located;

N. In any commercial or industrially zoned property, the keeping of sentry dogs, as defined in Health and Safety Code Section 25971, in accordance with the requirements and provisions of Chapter 13, Division 20 of the Health and Safety Code commencing with Section 25970.

In granting a conditional use permit under this subsection, the planning commission shall prescribe such other property development standards as may be necessary, which standards, as far as possible, shall conform to the property development standards of the zone in which the site is located. (Ord. 11-1996 § 7, 2011; Ord. 98-1826 § 1, 1998; Ord. 1594 § 5, 1985; Ord. 1325 § 8, 1976; Ord. 1275 § 2, 1974; 1964 Code Appx. A § 10.10.)

17.62.050 Application – Filing.

Application for a conditional use permit shall be filed by the owner of the property for which the permit is sought, or by the authorized representative of the owner. (1964 Code Appx. A § 10.10.)

17.62.060 Application – Form and contents.

Application shall be made to the planning commission on forms furnished by the planning department and shall be full and complete, including such data as may be prescribed by the commission to assist in determining the validity of the request. The applicant shall verify the application and the date of verification shall be noted on the application. (1964 Code Appx. A § 10.10.)

17.62.070 Application – Not in scope.

In cases where the planning director considers the reasons and conditions as set forth on the application not within the scope of the conditional use permit or that the application is incomplete, the applicant shall be so informed; whereupon, if the application is filed and the fees are accepted, the application shall be signed by the applicant to the effect that he was so informed. Acceptance of an application does not constitute an indication of approval. (1964 Code Appx. A § 10.10.)

17.62.080 Application – Filing fee.

When the application for a conditional use permit is filed, a uniform fee shall be paid for defraying the cost incidental to the proceedings.

When the application under this chapter for a change of classification is filed, the uniform nonrefundable fee shall be paid for the purpose of defraying the cost incidental to the proceedings.

Such charges and fees to be rendered shall be those which the city council may from time to time determine, fix, and establish by resolution duly and regularly adopted by it. Such charges may be changed by the city council from time to time by resolution and shall respectively be applicable for the respective periods designated or governed by such respective resolutions. (Ord. 1694 § 1, 1989; Ord. 1357 § 1, 1977; 1964 Code Appx. A § 10.10.)

17.62.090 Application – Department investigation.

The planning department shall investigate the facts bearing on the case to provide the commission with data essential for action consistent with the intent of this title and the general plan. (1964 Code Appx. A § 10.10.)

17.62.100 Commission public hearing – Date and notice.

A. After an application for a conditional use permit is deemed complete, the planning director shall set the matter for a public hearing to be held by the planning commission.

B. Notice of public hearing shall be given in all the following ways, and shall contain the time and place of the hearing and the location and proposed use of the subject property:

1. Notice shall be published in a newspaper of general circulation in the city not less than 10 days before the date set for the hearing;

2. Not less than 10 days prior to the date of any hearing, the planning director shall cause a copy of a notice containing the time and place of the hearing and the location and proposed use of the subject property to be mailed to the applicant and to all persons whose names and addresses appear on the latest available assessment roll of the county, or are known to the planning director, as owning property within a distance of 300 feet from the exterior boundaries of the subject property. (Ord. 16-2061 § 6, 2016; Ord. 1471 § 1, 1980; Ord. 1388 § 1, 1978; Ord. 1228 § 1, 1973; 1964 Code Appx. A § 10.10.)

17.62.110 Commission public hearing – Decision.

A. The planning commission shall hold a public hearing on the date and at the time and place specified in the notice.

B. The commission shall announce its decision at a regular meeting or scheduled special meeting within 30 days after the conclusion of the public hearing. The decision shall approve, approve with stated conditions or disapprove the application and shall set forth the findings of the commission and any such conditions, including a time limit for development, deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the city as a whole.

C. The decision shall immediately be filed with the council and a copy thereof shall be mailed to the petitioner at the address shown on the petition. (Ord. 16-2061 § 7, 2016; Ord. 1471 § 1, 1980; 1964 Code Appx. A § 10.10.)

17.62.120 Commission findings and conditions.

The commission in approving a conditional use permit shall find as follows:

A. That the site for the proposed use is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adjust the use with land and uses in the neighborhood;

B. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

C. That the proposed use will have no adverse effect on abutting property or the permitted use thereof;

D. That the conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare. Such conditions may include:

1. Regulation of use,

2. Special yards, spaces and buffers,

3. Fences and walls,

4. Surfacing of parking areas subject to city specifications,

5. Requiring street, service road or alley dedications and improvements or appropriate bonds,

6. Regulation of points of vehicular ingress and egress,

7. Regulation of signs,

8. Requiring landscaping and maintenance thereof,

9. Requiring maintenance of the grounds,

10. Regulation of noise, vibration, odors, etc.,

11. Regulation of time for certain activities,

12. Time period within which the proposed use shall be developed,

13. Duration of use,

14. And such other conditions as will make possible the development of the city in an orderly and efficient manner and conformity with the intent and purposes set forth in this title. (Ord. 1369 § 1, 1977; 1964 Code Appx. A § 10.10.)

17.62.130 Appeal from commission decision.

The decision of the commission shall become final at 5:00 p.m. on the tenth day next succeeding the date of decision unless, prior to that hour, an appeal to the council is filed in writing in the office of the city clerk.

Appeals may be initiated by:

A. The applicant;

B. An owner of real property, any part of which is located within 300 feet of the external boundaries of the subject property;

C. A member of the city council. If the appeal is initiated by a member of the council, not an applicant or an owner within the meaning of subsection (B) of this section, such initiation of appeal shall not be effective unless approved by a majority of the elected members of the council acting at the next regular meeting of the council following the date of filing of such appeal. Such initiation of appeal shall be considered without public hearing or discussion of the merits of the matter by the council;

D. The filing of an appeal within the time limit herein specified shall stay the order of the commission and the issuance of any permits predicated thereon until the council has either acted thereon, as provided in CMC 17.62.150, or until a majority of the council has failed to approve an appeal by a member of the council, whichever date first occurs;

E. The fee for an appeal of the planning commission’s decision shall be 90 percent of the current application fee for a conditional use permit, except in subsection (C) of this section, in which case there will be no fee;

F. If the appeal of the permits is approved in whole or part by the city council, the appeal fee will be reimbursed in full. (Ord. 1612 § 1, 1986; 1964 Code Appx. A § 10.10.)

17.62.140 Council public hearing – Date and notice.

A. The hearing date shall be set by the city clerk and shall be held not more than 30 days after the expiration date for the filing of an appeal.

B. Notice shall be given as provided in CMC 17.62.100(B). (1964 Code Appx. A § 10.10.)

17.62.150 Council public hearing – Decision.

A. The city council shall hold a public hearing on the date and at the time and place specified in the notice. The appellant shall present at the hearing information and data in support of the appeal.

B. The council shall, within 30 days after the conclusion of the public hearing sustain, reverse or modify the commission’s decision by resolution, setting forth the findings, listed in CMC 17.62.120, and any conditions of approval deemed necessary to protect the health, safety and welfare of persons in the neighborhood and in the city as a whole. The council may establish a time limit for development, as provided in CMC 17.62.160. In adding to, modifying or reversing the commission decision, the affirmative votes of not less than three members of the council shall be required on each conditional use permit so acted upon.

C. Notification of the council action shall be mailed to the petitioner at the address shown on the petition. (Ord. 16-2061 § 8, 2016; Ord. 1471 § 1, 1980; 1964 Code Appx. A § 10.10.)

17.62.160 Time limit for development.

The commission and/or council may establish a time limit within which the subject property and use shall be developed. The time limits shall be reasonable, based on the size and nature of the proposed development. The commission may grant one extension of time, not to exceed one year from the time limit specified without public hearing. Any additional request for an extension of the time limit shall be treated as a new application for a conditional use permit. (1964 Code Appx. A § 10.10.)

17.62.170 Voiding permits.

A. The council, with or without a recommendation from the commission, may by resolution, upon notice and hearing as specified herein, void any conditional use permit for noncompliance with the conditions set forth in granting the conditional use permit. Notice of intent to void specifying the reasons therefor and containing a time and place of the hearing shall be given to the permittee not less than 20 days before the specified date. Notice of public hearing shall be given as provided in CMC 17.62.100(B).

B. Notification of the council action shall be mailed to the petitioner and shall include a copy of the council resolution specifying the reasons for voiding the conditional use permit.

C. If an established time for development expires, the conditional use permit shall be considered void if no extension of time, from the time specified, has been granted in the manner provided for in CMC 17.62.160.

D. Where the use which is the subject of a conditional use permit is replaced or discontinued for a period of 180 days, then the conditional use permit shall be considered void. (Ord. 1657 § 2, 1987; Ord. 1355 § 1, 1977; 1964 Code Appx. A § 10.10.)

17.62.180 Previously granted permits.

Any conditional use permit granted pursuant to any zoning ordinance enacted prior to the effective date of the ordinance codified in this title shall be construed to be a conditional use permit under this title subject to all conditions imposed in such permit unless otherwise provided herein. Such permit may, however, be voided as provided in CMC 17.62.170. (1964 Code Appx. A § 10.10.)

17.62.190 Administrative conditional use permits.

When in the public interest and agreed to by the applicant, the city manager or his/her designee may, without publishing, posting or mailing of notice and without public hearing, consider and render decisions on conditional use permits involving the following uses:

A. Temporary Fund-Raising Activities. Where said activity does not exceed three total days of operation per nonprofit organization within any six-month period and when sponsored by a civic, religious, educational, fraternal or charitable organization.

B. Promotional Sales Activities.

1. Where said activity, within a six-month period, does not exceed 10 consecutive days of operation and when conducted as a temporary extension of the store’s normal retail sales in a neighborhood shopping center, regional shopping center or community shopping center, and upon the same premises.

2. Where said activity does not exceed three consecutive days of operation within any three-month period and when conducted at a neighborhood shopping center, regional shopping center or community shopping center, and the product being sold is not sold by any retailers in the shopping center.

C. Seasonal Sales Activities. Where said activities do not exceed three days of operation within any three-month period when conducted as an advertising feature in connection with a retail commercial business. However, certain seasonal activities which occur only once during the year may be conducted for a period not to exceed 14 consecutive days within any 12-calendar-month period.

D. Minor wireless communication facilities and similar equipment, Chapter 17.65 CMC shall apply.

E. Mobile food facilities in those zones where permitted, subject to the following conditions:

1. The mobile food facility operator must have the express written permission of the site owner and the on-site business owner, if different, where it intends to operate;

2. The mobile food facility operator must possess a valid permit, certificate or other required approval from the Los Angeles County department of public health to sell food and/or beverages to the public;

3. All food products sold or provided from the mobile food facility shall comply with all applicable food labeling requirements established by the state of California and the operator must obtain all required permits, including without limitation health permits, to sell or provide such items;

4. The mobile food facility operator must possess a valid city of Covina business license;

5. While the mobile food facility is occupying the site, there must be sufficient remaining off-street parking to meet minimum requirements under the Covina Municipal Code and the mobile food facility may not obstruct access to the remaining off-street parking;

6. The mobile food facility may not sell or distribute any item in a manner than causes any person to stand in a public highway, alley or street;

7. No portion of a mobile food facility may encroach onto a public sidewalk, including any signage, equipment or furniture related to its operations;

8. No alcoholic beverages, general merchandise or commercial sales other than food are permitted from a mobile food facility;

9. No amplified music or other sound may be emitted from a mobile food facility;

10. A mobile food facility may only sell food to the public between the hours of 2:00 p.m. and 9:00 p.m. on any day; provided, however, that a mobile food facility may occupy the site for up to one hour prior to opening and up to one hour after closing in order to set up and take down operations for that day. No mobile food facility shall remain on the site at any time before or after the hours listed above;

11. No mobile food facility shall discharge any liquid (e.g. water, grease, oil, etc.) onto the site or into any public streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the operator;

12. An operator shall maintain a clearly designated litter receptacle in the immediate vicinity of the mobile food facility, marked with a sign requesting use by patrons. Prior to leaving the site, the operator shall pick up, remove and dispose of all trash generated by the operation located within a 25-foot radius of the mobile food facility’s location;

13. An operator shall comply with all applicable state and local laws regarding mobile food facilities;

14. Such other conditions as the city manager, or his/her designee may require to protect the health, safety and welfare of the community.

An operator seeking an administrative conditional use permit for a mobile food facility shall pay an application fee of $600.00.

F. Model Home Sales Office. Model homes may be used as offices solely for the sale of homes within a new subdivision or recorded tract, subject to the following conditions:

1. Approval of a model home sales office shall be for a two-year period. Upon the expiration of the two-year period, the model home sales office use shall be terminated and the structure restored back to its original condition. Extensions may be granted by the director of community development in one-year increments up to a maximum of two additional years or until 90 percent of the development is sold, whichever is less.

2. The subdivider shall submit to the city a cash deposit, letter of credit, or other security determined satisfactory by the city to ensure the restoration of the residential dwelling unit and removal of the model home sales office use.

3. The model home sales office is to be used only for transactions involving the sale, rental, or lease of lots or structures within the subdivision or tract in which the model home sales office is located.

4. The subdivider’s failure to remove a model home sales office and restore residential dwelling unit, or failure to apply for an extension of the administrative conditional use permit before the expiration of the permit, will result in the subdivider’s forfeiture of the security provided and a halt in further construction or inspection activity on the project site, and may result in an enforcement action to ensure restoration of the residential dwelling unit.

5. The subdivider shall complete street improvements and provide temporary parking at a rate of two spaces per model home sales office to the satisfaction of the director of community development prior to commencement of sales activities and prior to the display of any model homes. The parking spaces shall be located within an off-street facility, subject to the following conditions:

a. The model home sales office, model homes, and on-street parking spaces shall be coordinated with the construction phasing such that there are no resident homeowners living in the homes located adjacent to the gated and secured areas of the street;

b. The parking spaces shall be striped and shall conform to the city’s applicable standards; and

c. The model homes, model home sales office, and on-street parking shall be secured with a decorative fence and gate across the street that is kept locked during nonoperating hours.

6. The subdivider shall provide an area for off-street overflow parking to the satisfaction of the director of community development. The overflow parking area shall be located adjacent to the model home sales office, in an outside secured area, appropriately signed, and provided with a drive approach constructed to applicable city standards.

7. The subdivider shall provide temporary landscaping, including a minimum of 36-inch box trees, within the on-street parking area and a planter area surrounding the overflow parking area.

8. Parking shall be permitted only within and on the project site. Parking along adjacent or perimeter streets shall not be used to satisfy the model home sales office parking requirements.

9. All fences proposed in conjunction with model homes and model home sales offices shall be constructed and installed outside of the public right-of-way.

10. Flags, pennants, or other on-site advertising shall be regulated in accordance with the city’s sign regulations. The use of signs shall require submittal of a separate sign permit application for review and approval by the planning division prior to installation.

G. Other Temporary Activities. Other temporary activities that the director of community development deems to be similar in nature and intensity to those identified in this section.

H. Drive-Up Kiosks per CMC 17.04.202 (Definitions and Standards). The following requirements apply to any use for a drive-up kiosk:

1. Set back a minimum of 50 feet from all alleys, streets, highways, and on-site collector roads.

2. Locate 50 feet away from any other buildings.

3. Kiosks shall not be located where they conflict with pedestrian walkways or vehicular drive aisles.

4. Maximum building size shall be 100 square feet and affixed to a permanent foundation.

5. One-way drive-up lanes at least 12 feet wide.

6. Entrances and exits shall be clearly marked and not conflict with traffic movement in and around the commercial center.

7. The building and roof materials shall be of natural color, requiring no painting, and be designed in the same architectural style as the primary buildings in the center. If there is no established architectural style, the building design shall complement the center.

8. Lighting shall be indirect and not reflect on adjoining property.

9. Landscape Requirements.

a. A kiosk shall be surrounded by a minimum six-foot-wide landscape strip except at the entrance, drive-up window, or walk-up window.

b. Planters shall be enclosed by a six-inch-wide reinforced, continuous curb at a height to be determined by the planning director.

c. A detailed landscaping plan, including common and botanical plant names with quantity, size, height, and spacing of each, shall be submitted.

10. Signs shall conform to the sign regulations, except that only wall signs shall be permitted, and no roof signs or signs above the ceiling of the building shall be allowed, and not more than five percent of each wall may be devoted to signs.

11. One parking place shall be required for each employee on duty. If parking places have been deleted from the center property, they shall be replaced unless a surplus of spaces exists, in which case a parking plan shall be submitted to the planning department showing how the overall property complies with city parking requirements.

12. All facilities and landscape areas shall be continuously maintained and kept free of trash and other debris.

13. Removal of Abandoned Uses. Any drive-up kiosk that is abandoned from use for 15 or more consecutive days shall be removed from the site at the request of the director. Failure to remove the structure from the site within 30 days after receiving written notice may result in prosecution as a violation.

14. Violations. Violations of any of the prescribed criteria for kiosks shall be cause for revocation and voiding of the permit and/or license, subject to CMC 17.62.170. (Ord. 23-10 § 27, 2023; Ord. 17-17 § 10, 2017; Ord. 14-2034 § 5, 2014; Ord. 00-1866, 2000; Ord. 98-1826 § 2, 1998; Ord. 1275 § 1, 1974.)

17.62.193 Uses permitted subject to conditional use permit.

Repealed by Ord. 11-1996. (Ord. 98-1826 § 3, 1998.)

17.62.195 Recycling collection facilities.

A. Definitions.

1. “Recyclable material” is reusable material including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.

2. “Recycling facility” is a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:

a. Collection Facility. A “collection facility” is a center for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in subsection (C) of this section, Criteria and Standards. Collection facilities may include the following:

i. Reverse vending machine(s);

ii. Small collection facilities which occupy an area of not more than 500 square feet, and may include:

(A) A mobile unit,

(B) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet,

(D) Unattended containers placed for the donation of recyclable materials;

iii. Large collection facilities which may occupy an area of more than 500 square feet and may include permanent structures.

b. Processing Facility. A “processing facility” is a building or enclosed space used for the collection and processing of recyclable materials. “Processing” means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

i. A “light processing facility” occupies an area of under 45,000 square feet of gross collection, processing and storage area and has up to an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

ii. A “heavy processing facility” is any processing facility other than a light processing facility.

3. “Reverse vending machine” is an automated mechanical device which accepts at least one or more types of empty beverage containers including but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the state. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.

A “bulk reverse vending machine” is a reverse vending machine that is larger than 50 square feet, is designed to accept more than one container at a time, and will pay by weight instead of by container.

4. “Mobile recycling unit” means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

B. Permits Required. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining the following required applications and permits pursuant to the provisions set forth in the code:

1. Reverse vending machine(s) – administrative conditional use permit;

2. Small and large collection facilities, excluding reverse vending machine(s) – conditional use permit;

3. Processing facilities – conditional use permit.

C. Criteria and Standards. Those recycling facilities permitted with an administrative conditional use permit shall meet all of the applicable criteria and standards listed. Those recycling facilities permitted with a conditional use permit or site plan review shall meet the applicable criteria and standards; provided, that the city planner, planning commission, or city council, as the case may be, may relax such standards or impose stricter standards as an exercise of discretion upon a finding that such modifications are reasonably necessary in order to implement the general intent of this section.

1. Reverse Vending Machine(s). Reverse vending machine(s) located within a commercial structure do not require discretionary permits. Reverse vending machines do not require additional parking spaces for recycling customers and may be permitted in all commercial and industrial zones with an administrative use permit; provided, that they comply with the following standards:

a. Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the city;

b. Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation;

c. Shall not occupy parking spaces required by the primary use;

d. Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight feet in height;

e. Shall be constructed and maintained with durable waterproof and rustproof material;

f. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative;

g. Shall have a sign area of maximum of four square feet per machine, exclusive of operating instructions;

h. Shall be maintained in a clean, litter-free condition on a daily basis;

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

j. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn;

k. All outdoor storage shall be screened from view and materials shall not be stored higher than any screening fence or wall.

2. Small Collection Facilities. Small collection facilities may be sited in industrial zones with a conditional use permit, provided they comply with the following development and operational conditions:

a. Shall be established and operated wholly within the premises of an existing industrial building which is in compliance with the zoning, building and fire codes of the city;

b. Shall be no larger than 500 square feet;

c. Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the local public health official;

d. Shall use no power-driven processing equipment except for reverse vending machines;

e. Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;

f. Shall store all recyclable material in containers, and shall not leave materials or containers outside the premises;

g. Shall be maintained free of litter, and any other undesirable materials; must be removed at the end of each collection day; and shall be swept at the end of each collection day inside and outside the premises;

h. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property; otherwise shall not exceed 70 dBA;

i. Attended or unattended facilities shall operate only during the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday;

j. Door, man-door and/or dock high door for the small recycling facility must be closed at the end of each operation day;

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

l. Signs may be provided as follows:

i. Signs shall be subject to the provisions of Chapter 17.74 CMC;

ii. Directional signs, bearing no advertising message, may be allowed with the approval of the director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way;

iii. The director may require a sign program to be submitted for review and approval prior to permit process and installation;

m. Shall install a video surveillance system for the business facility and shall meet with the police department prior to installation of the video surveillance system to ensure the system could deter and prevent public nuisances, and prior to release of occupancy or approval of business license;

n. Two additional parking spaces will be required for a small collection facility;

o. Shall comply with Chapter 8.50 CMC, Storm Water Quality and Urban Runoff Control;

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

q. Noncompliance with any conditions set forth in granting the conditional use permit shall be cause for revocation and voiding of the permit, subject to CMC 17.62.170.

3. Large Collection Facilities. A large collection facility is one that is larger than 500 square feet, or is on a separate property not appurtenant to a primary use, and which may have a permanent building. A large collection facility is permitted in industrial zones with a conditional use permit, provided the facility meets the following standards:

a. Facility does not abut a property zoned or planned for residential use;

b. Facility will be screened from the public right-of-way by operating in an enclosed building or:

i. Within an area enclosed by an opaque fence at least six feet in height with landscaping,

ii. At least 150 feet from property zoned or planned for residential use, and

iii. Meets all applicable noise standards in this section;

c. Setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located;

d. All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the San Gabriel Valley fire authority. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

e. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;

f. Space will be provided on-site for six vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the city planner determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;

g. One parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements will be provided for in the zone, except that parking requirements for employees may be reduced when it can be shown that parking spaces are not necessary such as when employees are transported in a company vehicle to a work facility;

h. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA;

i. If the facility is located within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.;

j. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials;

k. Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;

l. Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the city planner, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

m. Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process or at the discretion of the city planner if noise and other conditions are met.

4. Processing Facilities. A processing facility is permitted in light industrial zones with a conditional use permit and site plan review.

A processor will meet the following conditions:

a. Facility does not abut a property zoned or planned for residential use or a noise sensitive use, such as hospital, school, etc.;

b. Processors will operate in a wholly enclosed building except for incidental storage, or:

i. Within an area enclosed on all sides by an opaque fence or wall not less than eight feet in height and landscaped on all street frontages,

ii. Located at least 150 feet from property zoned or planned for residential use;

c. Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials;

d. A processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code;

e. Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located;

f. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the San Gabriel Valley fire authority. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

g. Site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present;

h. Space shall be provided on-site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of 10 customers or the peak load, whichever is higher, except where the city planner determines that allowing overflow traffic is compatible with surrounding businesses and public safety;

i. One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located;

j. Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed 70 dBA;

k. If the facility is located within 500 feet of property zoned or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open;

l. Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials;

m. Donation areas shall be kept free of litter and any undesirable material. The containers shall be clearly marked to identify the type of material that may be deposited. Facility shall display a notice stating that no material shall be left outside the recycling containers;

n. Sign requirements shall be those provided for the zoning district in which the facility is located. In addition, facility will be clearly marked with the name and phone number of the facility operator and the hours of operation;

o. No dust, fumes, smoke, vibration or odor above ambient level may be detectable on neighboring properties. (Ord. 20-07 §§ 10 – 12, 2020; Ord. 1647 § 9, 1987.)

17.62.200 Application – Filing.

Application for an administrative conditional use permit shall be filed by the owner of the property for which the permit is sought, or by the authorized representative of the owner. (Ord. 1275 § 1, 1974.)

17.62.210 Application – Form and contents.

Application shall be made to the planning director on forms furnished by the planning department and shall be full and complete, including such data as may be prescribed by the director to assist in determining the validity of the request. The applicant shall verify the application and the date of verification shall be noted on the application. (Ord. 1275 § 1, 1974.)

17.62.230 Application – Filing fee.

When the application for administrative conditional use permit is filed, a uniform fee shall be paid for defraying the cost incidental to the proceedings. Exemptions from the filing fee are fund-raising events held by civic, religious, fraternal, and educational organizations, as determined by the city.

Such charges and fees to be rendered shall be those which the city council may from time to time determine, fix, and establish by resolution duly and regularly adopted by it. Such charges may be changed by the city council from time to time by resolution and shall respectively be applicable for the respective periods designated or governed by such respective resolutions. (Ord. 05-1922 § 1, 2005; Ord. 1694 § 2, 1989; Ord. 1275 § 1, 1974.)

17.62.240 Application – Department investigation.

The applicant shall provide the facts bearing on the case to provide the director with data essential for action consistent with the intent of this title and the general plan. (Ord. 1275 § 1, 1974.)

17.62.250 Findings.

The planning director in approving a conditional use permit shall find:

A. That the site for the proposed use is adequate in size and shape to accommodate the use;

B. That the proposed use will have no adverse effects on abutting property or the permitted use thereof;

C. That the approval of such application shall be made subject to conditions deemed necessary to protect the public health, safety and general welfare. Such conditions may include:

1. Regulation of use,

2. Regulation of points of vehicular ingress and egress,

3. Requiring maintenance of the grounds,

4. Regulation of noise, vibration, odors, etc.,

5. Regulation of time and date of operation, setup and maintenance,

6. Any such other conditions as will ensure the protection of the adjacent property and the public health, safety and general welfare. (Ord. 1275 § 1, 1974.)

17.62.260 Appeals procedure.

The decision of the planning director shall be final unless appealed to the planning commission and city council. Such appeal shall be filed with the planning director within 10 days after the decision, and shall be placed on the agenda of the commission’s next regular meeting. The commission shall review the application and shall recommend approval, approval with conditions or disapproval, based on findings listed in CMC 17.62.250 and shall report its recommendations to the council. The council shall, at its next regular meeting after receipt of the commission’s recommendation, review the application and shall approve, approve with conditions deemed necessary to protect the public health, safety and welfare, or disapprove it, based on findings listed in CMC 17.62.250. (Ord. 1275 § 1, 1974.)