CONSIDERATION OF CONDITIONAL USE PERMIT NO. 25-06 TO ESTABLISH A CHILD DAYCARE
CENTER.

APPEAL OF ADMINISTRATIVE PERMIT NO. 25-65 
PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, CEQA DOES NOT APPLY TO PROJECTS THAT A PUBLIC AGENCY REJECTS OR DISAPPROVES.
APPLICANT: Foothill Transit
LOCATION: 100 South Vincent Avenue, West Covina, California
REQUEST: The applicant is appealing the Planning Division's denial of Administrative Permit No. 25-65 for the construction of four (4) freestanding solar carport structures over portions of the existing surface parking area at 100 South Vincent Avenue.

Staff recommends that the Planning Commission adopt Resolution No. 26-6185 denying the appeal and upholding the Planning Division's Notice of Denial of Administrative Permit No. 25-65.

Existing Conditions
The subject property is located at 100 South Vincent Avenue within the Downtown Plan & Code area and is zoned T4-General Urban (T4-GU).

The site is developed with an approximately 58,000-square-foot, six-story multi-tenant office building and an approximately 900-square-foot detached ATM canopy, together with associated surface parking areas. Foothill Transit operations, Chase Bank, and other tenants occupy the six-story office building.

The property's existing uses are established uses. No change to the existing uses or tenants is proposed as part of Administrative Permit No. 25-65.

Administrative Permit Application
On March 17, 2026, Foothill Transit submitted Administrative Permit No. 25-65 requesting approval to construct four (4) freestanding solar carport structures supporting photovoltaic panels over portions of the existing surface parking area.

After reviewing the application and the applicable provisions of the Downtown Plan & Code, the Planning Division determined that the proposed solar carports are not an allowable use within the T4-GU zoning district.

On April 9, 2026, the Planning Division issued a Notice of Denial for Administrative Permit No. 25-65.

On April 14, 2026, Foothill Transit filed a timely appeal of the Planning Division's determination.

 

The applicant proposes to construct four (4) freestanding solar carport structures supporting photovoltaic solar panels over portions of the existing surface parking area.

Three (3) of the proposed solar carport structures would contain approximately 5,500 square feet each, and one (1) structure would contain approximately 6,416 square feet. Collectively, the proposed structures would provide approximately 22,916 square feet of solar canopy area.

The proposed solar carports would be freestanding structures detached from the existing six-story office building and would be located primarily within the existing surface parking area.  The application does not propose a change to the existing uses occupying the property.

APPEAL
The applicant contends that the Planning Division incorrectly interpreted the Downtown Plan & Code in denying Administrative Permit No. 25-65.

The issue before the Planning Commission is not whether renewable-energy improvements are beneficial or whether the City generally supports solar energy. The issue is whether the proposed four freestanding solar carport structures are authorized under the land use regulations applicable to this specific property. Because the Downtown Plan & Code does not identify solar carports or similar freestanding photovoltaic canopy structures as an allowable use in the T4-GU district, the Planning Division recommends that the project cannot be approved as proposed.

In summary, the applicant asserts that:
1.    Section 3.1A of the Downtown Plan & Code provides the Director with authority to determine the appropriate classification for uses that are not specifically listed;
2.    Photovoltaic canopies/solar carports are not specifically identified as prohibited uses in Table 4.3.1 of the Downtown Plan & Code;
3.    The proposed project advances sustainability, energy efficiency, and greenhouse gas reduction objectives contained within the Downtown Plan & Code;
4.    State law, including Government Code Section 65850.5, establishes policies intended to encourage and facilitate solar energy systems;
5.    Preliminary discussions occurred with Planning Division staff prior to formal application submittal, and the applicant was not advised during those discussions that the proposed project would not be permitted; and
6.    Similar solar carport structures currently exist in the vicinity of South Vincent Avenue and South Glendora Avenue.

Staff has reviewed the applicant's arguments and provides the following analysis.

STAFF ANALYSIS
Applicable Regulatory Framework

The Downtown Plan & Code implements the City’s vision, goals, and policies for West Covina’s designated Downtown area. The Downtown vision promotes a compact, walkable, and mixed-use urban form that is inviting, comfortable, safe, and ecologically resilient. The Development Code supports a mix of uses within a walkable environment where driving is an option rather than a necessity for meeting everyday needs.

The subject property is located within the Downtown Plan & Code and is zoned T4-General Urban (T4-GU). Development of the property is therefore subject to the applicable provisions of the Downtown Plan & Code.

The existing uses on the property are established uses. This appeal does not ask whether Foothill Transit, Chase Bank, or the other existing tenants may continue to occupy the property. Rather, the issue is whether the applicable Downtown Plan & Code regulations authorize the construction of the four proposed freestanding solar carport structures within the T4-GU zoning district.

The proposed project would introduce approximately 22,916 square feet of new freestanding solar canopy area over portions of the existing surface parking lot. The structures would be detached from the existing six-story office building. The proposed solar carport structures are not identified as a permitted use within the T4-General Urban (T4-GU) zoning district. Therefore, the proposed use is not authorized under the applicable use regulations of the Downtown Plan & Code, and the project cannot be approved as proposed.

While the City generally supports renewable-energy improvements, the use of solar technology does not, by itself, establish that a proposed development is a permitted use within a particular zoning district. Development must comply with the applicable use regulations of the Downtown Plan & Code. Because the proposed freestanding solar carport structures are not a listed permitted use in the T4-GU district, the project is not authorized under the applicable zoning regulations.

The Downtown Plan’s goals and policies further provide context for the intended character and development of the area. The Plan envisions three integrated mixed-use districts connected by a continuous network of streets, sidewalks, crosswalks, greens, and plazas. It emphasizes enhanced landscaping, pedestrian amenities, multimodal transportation, and reduced dependence on automobiles. These objectives are intended to transform Downtown’s existing public realm into attractive and inviting spaces that encourage walking, bicycling, and transit use.

Several Downtown Plan goals are particularly relevant to the character of development anticipated within the area:

•    Goal 1 – Tree Canopy: The Plan prioritizes increasing tree canopy coverage and expanding the equitable distribution of trees throughout Downtown, particularly in areas prioritized for pedestrian and public-realm improvements. It also encourages planting strategies that enhance streetscape character, visual quality, and the pedestrian experience.

•    Goal 5 – Enduring and Memorable Public Realm: The Plan seeks to create an inviting, engaging, and distinctive urban core through carefully designed streetscape improvements, enhanced landscaping, pedestrian-oriented improvements, strengthened gateways, and other elements that contribute to Downtown’s identity and character.

•    Goal 6 – Quality of Architecture, Urban Design, and Landscape Architecture: The Plan calls for high standards of architecture, urban design, and landscape architecture, with an emphasis on pedestrian-oriented development and consideration of the spatial and visual effects of proposed development on the public realm.

•    Goal 8 – Integrated Transportation: The Plan seeks to create a transportation system that encourages walking, bicycling, and public transit rather than reliance on automobiles. It emphasizes multimodal mobility, accessibility, and safety and calls for consideration of non-motorized travel in the planning and design of Downtown improvements.

The Downtown Plan also identifies Corridor Infill along South Vincent Avenue as an opportunity for new development to enhance the eastern face of South Vincent Avenue through a mix of retail, commercial, office, and hotel uses and to create a stronger gateway into Downtown. This vision further reflects the City’s intent to strengthen Downtown through coordinated development, landscaping, pedestrian improvements, and enhancements to the public realm.

These goals and policies establish the broader planning context for development within Downtown; however, the primary regulatory issue in this appeal is whether the proposed use is authorized in the T4-GU zoning district. Because the proposed freestanding solar carport structures are not a listed permitted use in the T4-GU district, the project does not comply with the applicable use regulations of the Downtown Plan & Code and cannot be approved as proposed.






Unlisted Uses – Downtown Plan & Code Section 3.1A

The applicant cites Section 3.1A of the Downtown Plan & Code regarding uses that are not specifically listed and contends that this provision provides authority for approval of the proposed solar carports.

Staff acknowledges that Section 3.1A provides a process for evaluating uses that are not specifically identified. However, a use not specifically listed does not automatically mean the use is allowable.

Staff must evaluate an unlisted use in the context of the uses and development contemplated by the Downtown Plan & Code and the regulations applicable to the particular zoning district.

Staff reviewed the proposed project under the regulations applicable to the T4-GU zoning district. The applicable use table does not identify solar carports, photovoltaic canopies, or similar freestanding solar structures as allowable uses.

The applicant further contends that solar carports are not expressly identified as prohibited. Staff's determination, however, is not based upon solar carports being expressly listed as a prohibited use. Rather, staff's determination is based upon the absence of an applicable provision identifying solar carports as allowable within the T4-GU district.

Section 3.1A provides a mechanism for evaluating uses that are not specifically listed, but it does not authorize approval of every unlisted use. The Director’s interpretive authority must be exercised consistently with the structure, purpose, and use regulations of the Downtown Plan & Code. Here, the proposed freestanding solar carport structures are not comparable to a use identified as allowable in the T4-GU district, and approving them under Section 3.1A would effectively add a new permitted use to the district outside the legislative process established for amending the City’s land use regulations.

Accordingly, staff determined that Section 3.1A does not provide a sufficient basis to approve the proposed solar carports.

Parking Facility as an Allowable Use

Table 4.3.1 of the Downtown Plan & Code identifies a public or private parking facility as an allowable use within the T4-GU zoning district. However, the subject application is not a request to establish a new parking facility. Surface parking already exists on the property in association with the existing uses.

Administrative Permit No. 25-65 instead proposes the construction of four (4) new freestanding solar carport structures totaling approximately 22,916 square feet over portions of the existing parking area.

The fact that a parking facility is an allowable use does not, by itself, establish that every structure or improvement proposed within a parking facility is also allowable. Structures and improvements remain subject to the applicable provisions of the Downtown Plan & Code. 

The existing surface parking area may lawfully serve the established uses on the property, but that does not mean all new structures proposed within that parking area are automatically allowed. Administrative Permit No. 25-65 does not merely continue an existing parking use; it proposes approximately 22,916 square feet of new freestanding canopy structures. Those structures are independent physical improvements that must be authorized by the applicable Downtown Plan & Code regulations.

Staff therefore determined that the provision allowing public or private parking facilities within the T4-GU district does not independently authorize the proposed solar carport structures.




Solar Carports in Other City Zoning Districts

The West Covina Development Code specifically addresses solar carports within its land use regulations.

Section 26-51, Land Use Regulations and Allowable Uses, Table 2-12, Uses and Permit Requirements, identifies solar carports as an allowable use within certain commercial zoning districts.

However, the subject property is located within the Downtown Plan & Code and is zoned T4-General Urban (T4-GU). The Downtown Plan & Code establishes the applicable regulatory framework for development of the subject property.

Unlike Section 26-51, Table 2-12 of the Development Code, the Downtown Plan & Code does not contain a comparable provision identifying solar carports as an allowable use within the T4-GU zoning district.

This distinction is relevant to staff's determination. The City's Development Code specifically addresses solar carports in the City's land use regulations and expressly allows them in certain zoning districts. No corresponding authorization for solar carports is provided within the applicable T4-GU use regulations.

Accordingly, staff determined that Section 26-51, Table 2-12, which allows solar carports in other zoning districts, does not provide a basis for approving the four proposed freestanding solar carport structures at 100 South Vincent Avenue.

Existing Solar Carports at South Vincent Avenue and South Glendora Avenue

The applicant cites existing solar carports near South Vincent Avenue and South Glendora Avenue as evidence that the City previously permitted similar structures.

City records indicate that the referenced solar carport project was permitted by right in 2010. The City subsequently adopted the Downtown Plan & Code in 2016, approximately six years after the referenced project was permitted.

The referenced project was therefore reviewed pursuant to the zoning regulations in effect at the time and was not subject to the Downtown Plan & Code currently governing development within the subject area.

Accordingly, the prior project does not establish that solar carports are allowable under the current Downtown Plan & Code. Administrative Permit No. 25-65 must be evaluated pursuant to the regulations applicable to 100 South Vincent Avenue at the time of the current application.

Downtown Plan Sustainability Policies

The applicant references goals and policies within the Downtown Plan & Code related to sustainability, energy efficiency, greenhouse gas reduction, and environmentally responsible development.

Staff recognizes the environmental benefits associated with renewable energy systems and does not dispute that photovoltaic systems can further sustainability objectives.

However, general goals and policy statements do not independently establish that a particular use or development type is allowable under the regulatory provisions applicable to a property. Development within the Downtown Plan area must be evaluated for consistency with the applicable regulatory provisions of the Downtown Plan & Code.

Staff's determination is therefore not based upon opposition to solar energy. Rather, it is based upon staff's interpretation and application of the regulations governing the proposed freestanding solar carport structures within the T4-GU zoning district.





State Solar Energy Regulations

The applicant cites Government Code Section 65850.5 and State policies intended to encourage and facilitate the installation of solar energy systems.

Staff acknowledges California's policies supporting solar energy development. The Planning Division's denial, however, was not based upon technical building, electrical, fire, or photovoltaic equipment requirements.

Building and Safety has not reviewed the proposed structures because, during the land use review, the Planning Division determined that the proposed freestanding solar carports are not allowable under the applicable Downtown Plan & Code regulations.

Additionally, solar carports are not prohibited citywide. As discussed above, Section 26-51, Table 2-12 of the West Covina Development Code specifically identifies solar carports as allowable within certain other zoning districts.

Therefore, this appeal does not ask whether solar energy systems may be developed within the City generally. The issue is whether the four proposed freestanding solar carport structures are allowable at this particular property under the T4-GU regulations of the Downtown Plan & Code.

Additionally, the appellant’s appeal cites Government Code Section 65850.5.  The Solar Rights Act, as it is known, does not outright preempt local regulation; the Act expressly provides local governments with a role in permitting local solar installations.  Under Government Code Section 65850.5, the City may deny an application for a solar energy system based upon public health or safety considerations, that “the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.” (Gov. Code, § 65850.5, subd. (c).)

The subject property is located immediately adjacent to Interstate 10 (I-10), which runs in an east to west direction. The proposed solar carport structures range in height from approximately 14 feet to 21 feet and would include photovoltaic panels positioned in close proximity to the freeway and other public roadways. Given the height, slope, orientation, and proximity of the proposed photovoltaic panels to Interstate 10 and surrounding public roadways, in addition to the removal of existing trees at the site, it is the opinion of staff believe that the project presents adverse impacts to public safety from the reflected sunlight or glare that would affect motorists traveling along the freeway. Such light and glare impacts upon the vehicular public, particularly upon the freeway, could not reasonably or feasibly be mitigated through, for example, landscape or other screening devices given the proposed project height of the solar carport and without blocking the very sunlight upon which the project relies. Reflected sunlight from the proposed panels could cause visual distractions, unmitigated glare in the direction of peak traffic, or other conditions that could adversely affecting the ability of motorists to safely operate vehicles, particularly during periods when the position of the sun, the east-west orientation of I-10, and the angle and orientation of the photovoltaic panels may result in reflected light being directed toward freeway travel lanes.

Preliminary Discussions with Planning Division Staff

The applicant states that discussions occurred with Planning Division staff before the formal submittal of the application and that staff did not advise the applicant during those discussions that the proposed project would be denied.

Staff understands that preliminary discussions occurred at the Planning counter. However, no formal application had been submitted at that time, and staff had not completed a comprehensive zoning review or written determination.

Preliminary counter discussions are intended to provide general assistance based on the limited information available at the time. They are not a substitute for a complete application, formal zoning review, or written land use determination. Nothing in the record indicates that Planning Division staff issued a written approval, made a final determination, or represented that the project would be approved before the formal application was submitted. In any event, informal staff discussions cannot bind the City to approve a project that, upon formal review, is determined to be inconsistent with applicable zoning regulations.

After formal submittal of Administrative Permit No. 25-65, Planning Division staff reviewed the proposed project against the applicable provisions of the Downtown Plan & Code and determined that the proposed solar carport structures are not allowable within the T4-GU zoning district.
 

PURSUANT TO SECTION 15270 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, CEQA DOES NOT APPLY TO PROJECTS THAT A PUBLIC AGENCY REJECTS OR DISAPPROVES.

CONCLUSION:

The subject property at 100 South Vincent Avenue is located within the Downtown Plan & Code and is zoned T4-General Urban (T4-GU). The site is developed with an approximately 58,000-square-foot, six-story multi-tenant office building, an approximately 900-square-foot detached ATM canopy, and associated surface parking. Foothill Transit operations, Chase Bank, and other tenants occupy the six-story office building.

Administrative Permit No. 25-65 proposes four (4) freestanding solar carport structures totaling approximately 22,916 square feet over portions of the existing surface parking area.

Although the existing uses and associated parking are established on the property, the applicable Downtown Plan & Code use regulations do not identify solar carports or similar freestanding photovoltaic canopy structures as allowable within the T4-GU zoning district.

In contrast, Section 26-51, Table 2-12 of the West Covina Development Code specifically identifies solar carports as allowable within certain other zoning districts. Those provisions do not govern the subject property, which is subject to the Downtown Plan & Code.

The existing solar carports referenced by the applicant near South Vincent Avenue and South Glendora Avenue were permitted by right in 2010, about six years before the Downtown Plan & Code was adopted in 2016, and were therefore reviewed under the zoning regulations in effect at that time.

Staff further finds that the sustainability policies and State solar energy policies cited by the applicant do not independently establish that the proposed structures are allowable under the applicable Downtown Plan & Code regulations.

Staff recommends denial because the proposed project is not authorized by the applicable land use regulations, is not independently authorized by the existing parking use on the property, is not approved by reference to solar carports allowed in other zoning districts, presents adverse impacts to public safety from the reflected sunlight or glare that would affect motorists traveling along the freeway, and is not made allowable by preliminary informal discussions with staff. The Planning Division’s determination was based on the regulations applicable to the subject property at the time of formal application review.

Based upon the foregoing, staff finds that the Planning Division properly interpreted and applied the applicable provisions of the Downtown Plan & Code. Staff therefore recommends that the Planning Commission deny the appeal and uphold the Planning Division's Notice of Denial of Administrative Permit No. 25-65.

STAFF RECOMMENDATION:

Planning staff recommends that the Planning Commission adopt Resolution No. 26-6185 denying the appeal of Administrative Permit No. 25-65 and upholding the Planning Division's Notice of Denial for the proposed four (4) freestanding solar carport structures located at 100 South Vincent Avenue.

LEGAL REVIEW:

The City Attorney’s Office has reviewed the staff report and resolution and approved them as to form.

Prepared by: Sonia Griego, Contract Planner