Ordinance - 2028f�
ORDINANCE NO. 2028
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATED TO ACCESSORY COMMERCIAL USES OF SERVICE
STATION SITES (CODE AMENDMENT NO. 285)
WHEREAS, the West Covina Municipal Code presently prohibits concurrent sales of
gasoline with a number of other products and services on the same property; and
WHEREAS, the City particularly desires to retain its present prohibitions on concurrent
sales gasoline with alcohol; and
WHEREAS, a number of service station sites within the City of West Covina are in need of
renovation and the prospect of increased commercial use of a site will serve as both inducement and
means to such renovation for property owners; and
WHEREAS, the City of West Covina desires to allow full use of its commercial properties
where such use will not negatively affect the health, safety, and welfare of its citizens; and
WHEREAS, investigations by staff have shown that the concurrent sales of fast food and
similar food service at service station sites in other cities consistently has increased over the last
few years, as have the incidences of joint gasoline and convenience -good sales; and
WHEREAS, many such sites have been operational for some time with few or no negative
impacts on residents of other communities; and
WHEREAS, car washes and service stations are both intrinsically auto -oriented, are thus
well -fitted for joint use of commercial sites, and joint car wash/service station businesses have
operated beneficially in.both West Covina and in other cities; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 12°i day
of January, 1999, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 01-99-4533 recommending to the City Council
approval of Code Amendment No. 285; and
WHEREAS, the City Council considered evidence presented by the Planning Commission,
Planning Division, and other interested parties at a duly advertised public hearing on the 2"d day of
February, 1999; and
NOW THEREFORE, the City Council of the City of West Covina does hereby ordain as
follows:
SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No.
285 is hereby found to be consistent with the West Covina General Plan and the implementation
thereof.
SECTION NO. 2: The project does not allow any new types of businesses but merely
allows businesses already separately permitted to locate together on single properties subject to all
existing development standards and it thus could not have a significant impact on the environment
and is exempt from the provisions of the California Environmental Quality Act of 1970 (CEQA) as
set forth in Section 15061(b)(3) thereof.
CAWINDOWSUEMMA 285 CC ord.doc
Ordinance No. 2028
Service Stations
February 16, 1999
SECTION NO. 3: The City Council of the City of West Covina hereby amends
Chapter 26 (Zoning) of the City of West Covina Municipal Code as follows:
Section 26-97 is hereby amended to read as follows:
40
Sec. 26-97. Service station.
•
"Service station" means or is a use where one of the primary functions is the- retail sale of motor
fuel for motor vehicles. In addition, a service station may offer and consist of minor sales, services,
and facilities. See article XII, division 4 of this chapter for permitted and prohibited sales, services
and facilities.
Section 26-356(a) is hereby amended to read as follows:
Sec. 26-356. Same --Detached signs (special uses)
Class
Maximum
Maximu
Maximum
Permit
Comments
Number
in Area
Height/ Location
Req.
(a) Service station
One (1) per
[no .
1.25 times the
SAR
Accessory uses may be identified on
identification/
site
change]
building height
the service station ID sign at the
price panel
I
discretion of the City Planner.
Section 26-598 is hereby amended to read as follows:
Sec. 26-598. Multi -tenant uses.
(a) Uses located within the same building shall be separated from each other by complete
floor -to -ceiling walls (or by a combination of a solid, lockable access door on a floor -to -ceiling
wall in -lieu of complete separation at the discretion of the city planner), with the following
exceptions:
(1) Accessory uses that are related and incidental to a primary use, or
(2) Theme shopping uses as defined in section 26-113.1 and permitted in the C-C' and
S-C zones only; or
(3) Uses in carts and kiosks located in the common interior corridors of regional
shopping centers, not abutting other tenant spaces; .or
(4) Accessory office uses that are not related to a primary office use; or
(5) Accessory uses that are not related to a primary retail use, with a minimum total
floor area of fifteen thousand (15,000) square feet, provided that the area devoted to
the unrelated accessory use(s) does not exceed twenty-five (25) percent of the gross
floor area of the enclosed tenant space and the number of unrelated accessory uses
are limited as follows:
Gross Floor Area of Enclosed
Tenant Space (including area
devoted to accessory uses(s))
Maximum Number of
Unrelated Accessory Uses
15,000—19,999 square feet
1
20,000 — 24,999 square feet
2
25,000 — 29,999 square feet
3
30,000 square feet and over
4
(6) Multi -tenant uses operated in conjunction with a service station as provided
pursuant to article XII, division 4 of this chapter (section 26-671 et. seq.).
(b) Accessory uses, authorized by this section, shall be permitted only if the subject use
is allowed in the zone in which they are located. Accessory uses that are allowed
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Ordinance No. 2028
Service Stations
February 16, 1999
subject to a conditional use permit or other discretionary approval as independent
uses shall be subject to the same approval requirements as accessory uses.
(c) Accessory uses shall be provided with the same number of parking spaces required
for the same uses as independent uses, pursuant to Section 26-581(c).
(d) Signage for accessory uses shall be allowed to the same extent as allowed by this
chapter, except that:
(1) That the combined area of signage for the primary use and the accessory use(s) shall not
exceed the maximum sign area allowed by code for the enclosed tenant space; and
(2) The sign area devoted to all accessory uses associated with a primary use shall not
exceed fifty (50) percent of the total sign area provided for an enclosed tenant space; and
(3) The signs for accessory uses shall be placed only on the front wall of the enclosed tenant
space.
Section 26-661 is hereby amended to read as follows:
See.26-661. Function.
One of the primary functions of a service station is to supply motor fuel to motor vehicles. In
addition, specified accessory services and sales may be provided in conjunction with service
stations, either as an extension of the service station use or as a separate multi -tenant use.
Only service stations shall sell gasoline from a pump to the general public.
Section 26-663 is hereby amended to read as follows:
Sec. 26-663. Permitted incidental uses.
In addition to the sale of motor fuel, a service station may offer and consist of the following sales,
services and facilities:
(a)
Motor oil;
(b)
Lubrication including grease rack or elevator;
(c)
Minor tire service;
(d)
Minor battery service;
(e)
Minor motor tune-up;
(f)
Head lamp adjusting;
(g)
Brake adjusting and repair;
(h)
Sale of automotive accessories;
(i)
Car washes, hand and/or automatic
(j)
Rental of trailers, trucks and other such devices, limited to twenty-five (25) per cent
of the site area, shall not interfere with the required parking or access and shall be
located a minimum of fifteen (15) feet from any street side property line.
(k)
Sale of nonalcoholic drinks, packaged food, tobacco and similar convenience goods
for gasoline supply customers, but only as an accessory and incidental use, enclosed
within the main building.
(1)
Vending machines subject to conditions of paragraph (k).
(m)
Fast-food restaurants and other similar food service establishments that offer quick
food service from a limited menu of items generally served in ready -to -consume
individual portions often in disposable wrappings or containers for consumption
either within the restaurant or for carry -out. Such uses may also provide drive -
through service.
Section 26-663.5 is hereby amended to read as follows:
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Ordinance No. 2028
Service Stations
February 16, 1999
Sec. 26-663.5. Car washes.
Car washes established in conjunction with service stations shall be subject to following minimum
standards and conditions, which may be made more restrictive as necessary through the conditional
use permit process.
La) Noise levels shall not exceed 70db(A) at the property line. If the property line is
adjacent to residential property, the noise level shall not exceed 65db(A).
(b,) The wash and dry mechanism shall be contained entirely within a building.
(g) A water recovery system shall be installed, and in operation at all times.
All wash fluids used shall be biodegradable and environmentally safe.
Lee) The car wash shall in no way interfere with the primary function of motor fuel
distribution, automobile access, or traffic circulation.
�f Accessory items normally associated with a car wash, such as vacuums, may be
permitted provided they meet the above specified criteria.
Hours of operation may be limited through the conditional use permit process.
Section 26-664 is hereby amended to read as follows:
Sec. 26-664. Prohibitions.
[(a) to (c) are unchanged]
(d) Subleasing of floor space or site area except for any use specifically authorized by
. section 26-663, subparagraphs (a) through (i), (k) and (m).
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Ordinance No. 2028
Service Stations
February 16, 1999
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
isPASSED AND APPROVED on thi
�J
J
ATTEST:
City Cler
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST COVINA
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
Ordinance No. 2028 was regularly introduced and placed upon its first reading at a regular meeting
of the City Council on the 2" d day of February, 1999. That, thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on the 16"' day of February, 1999.
AYES: Herfert, Howard, Touhey, Wong, Melendez
NOES: None
ABSENT: None
APPROVED AS TO FORM:
City Attorney U
dCityCKxr
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