GENERAL PLAN AMENDMENT NO. 23-02
ZONE CHANGE NO. 23-02
CODE AMENDMENT (DEVELOPMENT CODE UPDATE) NO. 23-01
INITIAL STUDY - NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
LOCATION: Citywide
REQUEST: The proposed comprehensive Development Code Update of the City’s Municipal Code, including the combination of the Subdivision Code (Title 20) and the Zoning Code (Title 26) into one Development Code (Title 26). These chapters of the Municipal Code regulate how construction projects are processed and the requirements with which they must comply. These projects can range from small additions to single-family homes to new shopping centers. The goal of this effort is to create a new, streamlined Development Code that establishes clear and concise regulations for property owners, architects, and developers. Some sections of the existing Code have not been updated since the last comprehensive update in 1980. The new Code will eliminate outdated rules and regulations; provide regulations for new uses; and update the Code for consistency with the City’s Housing Element and recent State legislation. It is intended that this Code will simplify the zoning process in the City. In addition, the Development Code Update includes language that prohibits drive-throughs within the Downtown Plan & Code area. This item was continued from the October 24, 2023 Planning Commission meeting. 

The Development Code Update was initially reviewed by the Planning Commission on October 10, 2023. The Planning Commission continued the item to October 24, 2023 (continued to a November 1st Special meeting on this date) directing staff to advertise the meeting on social media and to make the following revisions:

• Incorporate State laws that were recently adopted and signed by the Governor.
• Article III, Division 3 (Fences, Walls, and Hedges) - Increase the maximum height side and/or rear property line fences/walls from 6 feet to 7 feet, and ensure that the maximum height is not measured from lower grade (if there are any grade differences). 
• Article IV, Division 1, Section 26-118 (Emergency Shelters) - Remove time restrictions due to concerns with potential loitering.
• Article IV, Division 1, Section 26-120 (Home Occupations) - Update communication tools to include computers and the internet (previous version limited the tools to a telephone).
• Article IV, Division 1, Section 26-121 (Massage Parlors and Health and Beauty Spas) - Allow for doors in massage parlors and health and beauty spas.
• Article IV, Division 1, Section 26-123 (Mobile Services) - Includes standards or guidelines that would define what negative impacts are and types of services that would constitute a negative impact.
• Article IV, Division 1, Section 26-125 (Outdoor Dining) - Remove a 25-percent limitation.
• Article VI, Division 10, Section 26-260 (Permit Required) - Increase the 10-percent tree canopy trimming thresholds for permits.
• Article VI, Division 10, Section 26-261 (Exceptions to Permit Requirements) - Include private trees in the permit exceptions for emergency tree trimming. 

The Planning Commission also asked staff to investigate wireless telecommunication standards for the Cities of Diamond Bar and Walnut to determine if the City is able to increase the minimum distance from any proposed wireless facility from residential facilities, parks, and schools to 1,500 feet. 


 

Staff has advertised the Planning Commission meeting on the City's social media and revised the Development Code Update language to reflect the intent of the Planning Commission's direction.

The following revisions have been made (see Attachment No. 7 for Strike-through):

• Article III, Division 3 (Fences, Walls, and Hedges) - The maximum height for side and/or rear property line fences/walls has been increased from 6 feet to 7 feet, and the maximum height for retaining walls and fence/wall/retaining wall combination has been increased to ensure that the maximum height is not measured from lower grade (if there are any grade differences). The graphics included in the Code have been updated to reflect the change.
• Article IV, Division 1, Section 26-118 (Emergency Shelters) - The time restrictions are not State required regulations and were removed. 
• Article IV, Division 1, Section 26-120 (Home Occupations) - The communication tools have been updated to include computers and the internet in addition to the telephone.
• Article IV, Division 1, Section 26-121 (Massage Parlors and Health and Beauty Spas) - Revisions were made to allow doors in primary use massage parlors and health and beauty spas, and clarified that doors are not allowed for accessory massage use (only curtains).
• Article IV, Division 1, Section 26-123 (Mobile Services) - Nuisance examples were added and cross-referenced to the public nuisance chapter/section of the West Covina Municipal Code.
• Article IV, Division 1, Section 26-125 (Outdoor Dining) - The 25-percent limitation was removed and replaced with language limiting outdoor dining to the area directly in front or to the side of the subject tenant space/business. 
• Article VI, Division 10, Section 26-260 (Permit Required) - The tree trimming permit threshold was increased to 20-percent (the absolute maximum the consulting arborist recommends).
• Article VI, Division 10, Section 26-261 (Exceptions to Permit Requirements) - Included private trees in the permit exceptions for emergency tree trimming. 

The following additional changes were incorporated into the latest revision:

• Syntax, formatting, and consistency revisions
• Drive-through standards were reapplied to the draft. The previous version prohibited all drive-through uses in the city. The drive-through moratorium that is currently in place only applies to drive-through food establishments and does not include drive-through pharmacies and banks/ATMs. The applicable drive-through standards were reincorporated into the Code so that it would be available to regulate drive-through pharmacies and banks/ATMs.
• Standards for Low Barrier Navigation Centers were added as required by State law (Article IV, Division 7).
• Added requirement for onsite manager for Section 26-135 (Hotel and Motel Conversions to Affordable Housing)
• Clarified that the Second Unit Review is the same as a zoning clearance and that the City does not require ADUs' roof pitch to match the primary dwelling unit (Article IV, Division 2 (Accessory Dwelling Units and Junior Accessory Dwelling Units).
• Clarified that one-car garages are allowed to be constructed on the same lot as urban dwelling units (Article IV, Division 4 (Urban Dwelling Units).

Wireless Telecommunication Facilities within All Land Uses (Section 26-136)
The current code requires wireless telecommunications facilities within all land uses (private property and City parks/open space) to be located at least 100 feet from single-family residences. During the Development Code Update process, the Subcommittee directed staff to look into increasing the separation requirement from residential. The draft Development Code has increased the separation requirement of wireless telecommunication facilities from single-family residential to 500 feet and a 100-foot separation from multifamily residential zones (M-F). This separation buffer could be reduced by 20-percent through the Planning Commission's approval of the required Conditional Use Permit for the use and support of additional findings. The multifamily residential zone buffer does not include multifamily developments that are located in the PCD-1, Downtown Plan and Code, Mixed-Use, and Specific plan areas. Staff does not recommend requiring separation that exceeds 500 feet from single-family homes and separation that exceeds 100-feet from multifamily zones, because doing so can be considered discriminatory and would be the same as prohibiting wireless telecommunication facilities. The strike-through copy of the Development Code for this Section that illustrates all the revisions made is included as Attachment No. 5)

During the October 10, 2023 public hearing, the Planning Commission directed staff to research increasing the distance requirement similar to the City of Walnut's 1,500-foot buffer from any school (nursery, elementary, junior high, and high school), trail, park or outdoor recreation area, sporting venues, and residential zones. Staff has prepared a map (Attachment No. 6) that illustrates the restricted areas that a 1,500-foot buffer from single-family residential would encompass, and it includes most of the City. Although developed with some single-family residences, parts of the PCD-1 area at the southern portion of the City are not identified as part of the buffer area only because the land-uses within the PCD-1 zone include single-family residential, commercial, and multifamily residential, and would require parcel specific review to make the determination. Adopting requirements similar to the City of Walnut would ultimately prohibit wireless telecommunication facilities from being constructed in the City. 

This Section does not apply to wireless telecommunication facilities located in the public right of way, which is a separate section and will be moved to Chapter 19 (Streets, Sidewalks, and Public Places) of the WCMC.

New State Legislation
State laws recently signed by the Governor are in the process of being evaluated and analyzed by the City Attorney's Office. If changes are required to the WCMC based on new State laws, these changes will be addressed individually. 

The proposed Development Code Update is consistent with the following General Plan Policies and Actions:

Planning Staff recommends that the Planning Commission adopt Resolution No. 23-6134, Resolution No. 23-6135, Resolution No. 23-6136, and Resolution No. 23-6137, recommending the City Council adopt the Initial Study and Negative Declaration, General Plan Amendment No. 23-02, Zone Change No. 23-02, and Code Amendment (Development Code Update) No. 23-01.  





 

The Environmental Document and Draft Development Code Update may be viewed on the City website through the following links: