Chapter 17.76
CONVERSION OF RESIDENTIAL BUILDING
Sections:
17.76.020 Application – Generally.
17.76.040 Nonconforming buildings.
17.76.050 Application – Approval – Conditions.
17.76.060 Application – Approval – Time.
17.76.070 Appeal to planning commission.
17.76.010 Intent and purpose.
This chapter is intended to provide for a more orderly development of residential buildings, in commercial zones, proposing to convert to a nonresidential use; to bring the converted building in harmony with the immediate neighborhood; to protect the general welfare of the adjacent property owners and residents, as well as the citizens of Covina; and to do so by regulating and controlling the design, quality of materials, landscaping, color and maintenance of buildings and site. (1964 Code Appx. A § 11.70.)
17.76.020 Application – Generally.
It is unlawful for any person to alter, remodel or maintain, unless otherwise excepted by this chapter, a residential building to a commercial use without first obtaining the approval of the architectural board of review. Application for such conversion shall be made upon a form provided by the building department and shall set forth and contain the information outlined in Chapter 17.64 CMC to enable the architectural board of review to make a finding that the proposed development is in conformity with both the intent and provisions of this title. (1964 Code Appx. A § 11.70.)
17.76.030 Review criteria.
All developments regulated by this chapter shall be reviewed and approved by the architectural board of review. In approving, denying or approving with conditions a particular conversion, the board shall be subject to the following review criteria:
A. That the conversion is necessary for the applicant’s enjoyment of substantial use and property rights;
B. That the conversion is consistent with the intent and purpose of this chapter and this title;
C. That the conversion does not constitute a detriment to public health, safety and welfare;
D. That design, color, use and quality of materials of the conversion are compatible with and bear a harmonious relationship to the neighborhood;
E. That the design, color, use and quality of materials of the conversion are compatible with the visual characteristics of the surrounding area so as not to detract from or cause depreciation of the value of adjacent developed properties. (1964 Code Appx. A § 11.70.)
17.76.040 Nonconforming buildings.
A. Except for normal repair and maintenance, no Group B nonconforming building which has been converted and is existing upon the adoption of the ordinance codified in this title shall be modified, altered or remodeled unless it is made to comply with the provisions of this title.
B. The provisions of Chapter 17.70 CMC shall apply. (1964 Code Appx. A § 11.70.)
17.76.050 Application – Approval – Conditions.
If it is found that all of the following conditions exist, the architectural board of review shall approve the application, subject to such conditions as it may attach which are deemed necessary to protect the public health, safety and general welfare, to secure a development which is in harmony with other buildings and property in the area, to minimize all undesirable or unsightly appearance and to provide an orderly and visually aesthetic development within the intent of this title:
A. That all provisions of all applicable ordinances, including the ordinance codified in this title, are complied with;
B. That the following are arranged so that traffic congestion is avoided, and pedestrian and vehicular safety and welfare are protected:
1. Building structures and improvements;
2. Vehicular ingress, egress and internal circulation;
3. Setbacks;
4. Height of buildings;
5. Location of service;
6. Walls;
7. Landscaping;
8. Grading;
C. That all buildings possess a roof element compatible in design and materials with adjacent buildings;
D. That all buildings utilize wood, tile or masonry materials on the exterior walls. In the event that plaster or stucco walls are proposed, that the same are used in combination with one or more of the above-mentioned materials;
E. That all parking is prohibited from the front yard or the area between the building and the front property line;
F. That all outdoor utility equipment is screened with the same materials used on the main building with the exception of the gates;
G. That trash enclosures are to be provided for each building and constructed of a compatible masonry material and be at least six feet wide by eight feet long and six feet high. Solid durable gates shall also be provided to conceal the bin;
H. That all mechanical equipment is screened behind a permanent structure and not visible from ground surfaces or adjacent higher street elevations. Such screening shall be as high as the highest portion of any of the equipment;
I. That landscaping is incorporated in such a way as to complement the overall development to enhance visual interest and appeal and to soften bolder architectural features;
J. That the architectural character of the proposed structure is based upon the appropriate use of sound materials and colors and upon the principles of harmony and proportion in the elements of the structure;
K. That overall plan is in keeping with the existing quality improvements in the area and is in harmony with the future development of the area and in accord with the general plan;
L. That the development will not be detrimental to surrounding properties nor diminish their value thereof;
M. That any landscaping or architectural features which can be preserved to maintain the neighborhood character or style shall be protected and maintained.
If it is found that any of the above is not true or do not exist, the board of review shall disapprove the application. (1964 Code Appx. A § 11.71.)
17.76.060 Application – Approval – Time.
The board shall approve the application and site plan together with any conditions shown thereon or attached thereto, and shall date and sign the same. Disapproval may be by letter to the applicant. The board shall render its decision within 35 days after submission of the application. Failure of the board to act within such time shall be considered a disapproval as of the thirty-fifth day. The board decision, together with the conditions attached to any approval, shall be final unless appealed as provided for in this chapter. If the board’s decision is appealed, such decision shall be vacated. (1964 Code Appx. A § 11.71.)
17.76.070 Appeal to planning commission.
The applicant may appeal the decision of the board to the planning commission by filing an appeal in writing accompanied by a fee of $25.00 with the planning director within 10 days after the board’s decision. The appeal shall be placed on the agenda of the planning commission’s next regular meeting and the commission shall review the application and make its decision in the same manner, subject to the same criteria, and within 35 days after the regular meeting at which such review is first considered. Failure of the planning commission to act within such time shall be considered a disapproval as of such thirty-fifth day. The decision of the planning commission, together with the conditions attached to any approval, shall be final unless appealed as provided for in this chapter. If the planning commission decision is appealed, such shall be vacated. (1964 Code Appx. A § 11.71.)
17.76.080 Appeal to council.
The applicant or the planning director may appeal the decision of the planning commission to the city council by filing an appeal in writing with the city clerk within 10 days after the planning commission’s decision. The appeal shall be placed on the agenda of the city council’s next regular meeting and the city council shall review the application in the same manner. (1964 Code Appx. A § 11.71.)