AGENDA
ITEM NO. 3
DATE: July 22, 2025
ITEM NO. 3
DATE: July 22, 2025
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CODE AMENDMENT NO. 25-01
GENERAL EXEMPTION
LOCATION: Citywide
REQUEST: The Project includes amendments to Chapter 26 (Development Code) of the City’s Municipal Code and the City’s Downtown Plan and Code to consider allowing modifications to existing drive-through food establishments with approval of a Conditional Use Permit. The proposed code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
GENERAL EXEMPTION
LOCATION: Citywide
REQUEST: The Project includes amendments to Chapter 26 (Development Code) of the City’s Municipal Code and the City’s Downtown Plan and Code to consider allowing modifications to existing drive-through food establishments with approval of a Conditional Use Permit. The proposed code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).
BACKGROUND
On February 20, 2024, the City Council approved Code Amendment No. 23-01, adopting Ordinance No. 2519, known as the “Development Code Update” which amended the City of West Covina Municipal Code including the consolidation of the Subdivision Code (Chapter 20) and the Zoning Code (Chapter 26) into one Development Code (Chapter 26). The Development Code Update included provisions prohibiting the construction and new uses of drive-through food establishments throughout the City to address over-concentration issues.
On June 17, 2025, the City Council voted by minute-motion to direct staff to explore amending the Development Code to allow for existing drive-throughs to be modified to correct traffic, queuing, vacancy, or other related issues. The former Carl's Jr./Spotless Burger restaurant was used as an example: the site's drive-through was approved through a conditional use permit (CUP) as a reverse drive-through, where the drive-through window is accessible through the passenger's side of the vehicle, due to this configuration the property owner has had problems attracting restaurant tenants, which have all expressed the desire to reconstruct a new building with a different drive-through configuration.
On June 17, 2025, the City Council voted by minute-motion to direct staff to explore amending the Development Code to allow for existing drive-throughs to be modified to correct traffic, queuing, vacancy, or other related issues. The former Carl's Jr./Spotless Burger restaurant was used as an example: the site's drive-through was approved through a conditional use permit (CUP) as a reverse drive-through, where the drive-through window is accessible through the passenger's side of the vehicle, due to this configuration the property owner has had problems attracting restaurant tenants, which have all expressed the desire to reconstruct a new building with a different drive-through configuration.
DISCUSSION
The proposed Ordinance is included as “Exhibit A” to Resolution No. 25-6169 (Attachment No. 1). The following is an outline of the proposed changes to the West Covina Development Code:
Downtown Plan & Code
Downtown Plan & Code
- Table 4.3.1 - Revised to explicitly state that modifications to existing drive-throughs in the T5-Urban Center and T-4 General Urban zones would be permitted through a CUP.
- Subsection E of Section 10.1 - Provides findings for CUP approval that cross-references the required findings in Section 26-116(i) of the Development Code, and lists the existing applicable drive-through standards within the Development Code.
- Table 2-12 of Section 26-51 and Subsections (a) through (c) of Section 26-116 - Revised to explicitly state that modifications to existing drive-throughs in the Neighborhood Mixed Use (NMU), Regional Mixed Use (RMU) and Service Mixed Use (SMU) zones would be permitted through a CUP, and created a distinction between new and existing drive-throughs.
- Subsections "c)" through "f)" of Section 26-127(b)(1)(xv) - Corrected clerical error in numbering.
REQUIRED FINDINGS
Before a Code Amendment is adopted, the following findings are required to be met:
(a) The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan, and, in the case of a Zoning Code amendment, will not create any inconsistencies with this Chapter.
(b) The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City.
(c) The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
(a) The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan, and, in the case of a Zoning Code amendment, will not create any inconsistencies with this Chapter.
The purpose of the code amendment is to allow for the modifications of existing permitted drive-through food establishments to correct issues related to traffic, queuing, vacancy, etc. Therefore, Code Amendment No. 25-01 maintains internal consistency with the goals, policies, and strategies of all elements in the General Plan and will not create any inconsistencies within Chapter 26.
(b) The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City.
The proposed amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City. Code Amendment No. 25-01 is designed to improve the welfare of the City by allowing the opportunity to modify existing permitted drive-throughs to correct issues that are negatively impacting the community.
(c) The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).
Code Amendment No. 25-01 is statutorily exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The Code Amendment would not result in direct or indirect physical change in the environment and does not involve any construction or additions to any existing structures.
GENERAL PLAN CONSISTENCY
The proposed code amendment is consistent with the following General Plan Policies:
- Our Prosperous Community Policy 2.1: Maintain and enhance the City's current tax base
- Our Prosperous Community Policy 2.4: Build on and grow West Covina's regional appeal
- Our Prosperous Community Policy 2.9: Support local businesses
ENVIRONMENTAL DETERMINATION
Pursuant to the State California Environmental Quality Act (CEQA) Guidelines, the Planning Commission finds and determines that the ordinance is statutorily exempt from CEQA under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The ordinance would not result in physical change in the environment and does not involve any construction or additions to any existing structures.
LEGAL REVIEW:
Staff recommends that the Planning Commission adopt Resolution No. 25-6169, recommending that the City Council approve Code Amendment No. 25-01.
Submitted by:
Jo-Anne Burns, Deputy Community Development Director