06-21-2011 - Code Amendment No. 11-03Vehicle Storage in the "Se - Item 10 Attach 1 (2).docO R D I N A N C E N O.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO VEHICLE STORAGE IN THE “SERVICE COMMERCIAL”
(S-C) ZONE
WHEREAS, on March 22, 2011, the Planning Commission initiated a code amendment related to allowing vehicle storage in the “Service Commercial” (S-C) Zone; and
WHEREAS, the Planning Commission held a study session on the 22nd day of March, 2011, to discuss potential revisions to the code; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 24th day of May, 2011, conduct a duly advertised public hearing as prescribed by law; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 24th day of May, 2011, conduct a duly advertised public hearing as prescribed by law, at which time the Planning
Commission adopted Resolution No. 11-5420 recommending to the City Council approval of Code Amendment No. 11-03; and
WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 21st
day of June, 2011; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts:
Penske Mercedes-Benz of West Covina has requested that the City allow for vehicle storage on two lots currently used for employee parking.
Under current zoning standards, vehicle storage lots are not allowed in the S-C zone. At this time it is appropriate to consider amending the Municipal Code to allow the storage of
new vehicles in conjunction with an automobile dealership.
Due to the nature of storage lots, it is appropriate to require the submittal of an administrative use permit to allow for review of the request, placement of conditions of approval,
and ability to review after approval.
The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that
the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina does ordain as follows:
SECTION NO. 1: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA). Pursuant to 14 California Code of Regulations,
Sec. 15061(b)(3) the City Council finds that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment,
and therefore the activity is not subject to CEQA.
SECTION NO. 2: Based on the evidence presented and the findings set forth, the City Council of the City of West Covina approves Code Amendment No. 11-03 to amend Chapter 26, Article
XI (Nonresidential Uses) of the West Covina Municipal Code to read as shown on Exhibit “A” attached hereto and incorporated herein by reference.
SECTION NO. 3: This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional
or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and it shall be published as required by law.
PASSED AND APPROVED on this 21st day of May, 2011.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. ______ was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 21st day of June, 2011. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 21st
day of June, 2011.
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT A
Article VI. PROCEDURE, HEARINGS, NOTICES, FEES AND CASES
26-206. Notices
d. For administrative use permits:
A notice that describes the proposed project and indicates the length of the public review period (including the last date that a request for a public hearing may be given to the planning
department) shall be mailed to owners and occupants of surrounding property as indicated below. The public review period shall extend for ten (10) days from the date that the initial
notice was mailed, except in the case of large family day care homes which shall have a public review period of fourteen (14) days. If a request for a hearing is received during the
specified time, a notice shall be mailed a minimum of seven (7) days prior to the date of the hearing, indicating the date, time, and location of the scheduled public hearing.
Adjacent properties: Notices shall be mailed to the property owners and occupants of the subject site and to the two (2) properties on both sides of the subject site in the case of applications
for secondary driveways.
One-hundred-foot noticing radius: Notices shall be mailed to the property owners and occupants of the subject site and all properties within a radius of one hundred (100) feet of the
exterior boundaries of the subject site in the case of applications for the following purposes: large family day care homes, miniature potbellied pigs, sign exception review; outdoor
uses within the outdoor uses overlay zone, wall and fence height increases, and canopy structures.
Three-hundred-foot noticing radius: Notices shall be mailed to the property owners and occupants of the subject site and all properties within a radius of three hundred (300) feet of
the exterior boundaries of the subject site in the case of applications for the following purposes: large expansion and maximum unit size exception, two-story additions, large accessory
building, retaining walls, building and roof-mounted wireless telecommunication antennae facilities, postal service uses, storage of new vehicles when in conjunction with an automobile
dealership, and computer game/internet access centers as defined in section 26-685.2
Article XI. NONRESIDENTIAL USES.
26-597 Service, trade, cultural, public and private uses (except industrial or manufacturing).
R
A
R
1
M
F
8
M
F
15
M
F
20
M
F
45
O
P
N
C
R
C
S
C
C
2
C
3
M
1
I
P
P
B
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S
Studio-art, dance, martial arts, music, etc.
a
a
a
a
a
a
a
Supermarkets
x
x
x
x
x
—
Storage, new vehicles when in conjunction with an automobile dealership
a
Surveying services
x
x
x
x
x
x
x
*Swimming pool sales and service (outdoor display)
c
c