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06-21-2011 - Code Amendment No. 11-03Vehicle Storage in the "Se - Item 10 Attach 3 (2).doc PLANNING DEPARTMENT STAFF REPORT CODE AMENDMENT NO. 11-03 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide I. DESCRIPTION OF APPLICATION On March 22, 2011, the Planning Commission adopted Resolution No. 11-5408 initiating Code Amendment No. 11-03 related to considering vehicle storage in the “Service Commercial” (S-C) Zone. II. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 11-03 to the City Council. III. ENVIRONMENTAL DETERMINATION The proposed code amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of a code amendment, which does not have the potential for causing a significant effect on the environment. IV. BACKGROUND On March 8, 2011, the Planning Department received a letter from Penske and Mercedes-Benz of West Covina requesting consideration to allow the storage of vehicles on two employee parking lots on the west side of Hollenbeck Street on both sides of the San Bernardino Freeway. The Planning Commission initiated the code amendment on March 22, 2011. V. PROJECT DESCRIPTION AND ANALYSIS The West Covina Municipal Code does not allow vehicle storage in commercial zones. The storage of vehicles (transfer, moving and storage facilities) is allowed by right in the “Manufacturing” (M-1) Zone. The subject property is located in the "Service Commercial" zone. The parking lots are located on the southwest corner of Hollenbeck Street and Garvey Avenue North and on the northwest corner of Hollenbeck Street and Garvey Avenue South. The subject properties are located adjacent to the San Bernardino Freeway on both sides of the freeway. When Penske originally submitted the application to construct the parking lots they were experiencing employee parking issues and were intending to use the lots for employee parking. On January 9, 2001 the Planning Commission approved Zone Change No. 669, Precise Plan No. 884, and Variance No. 1045 to allow the construction of the two employee parking lots. The zone change from "Open Space" to "Service Commercial" was approved by the City Council on February 6, 2001. The lots were constructed soon thereafter and have been used for employee parking since that time. The two issues to be addressed by the Planning Commission are defining the type of storage that would be allowed and determining the appropriate entitlement process. The two employee parking lots are located in the S-C Zone. Approval to allow vehicle storage at the requested sites would also allow vehicle storage on all other properties zoned S-C. Other properties located in the S-C zone include the West Covina Village Shopping Center on North Azusa Avenue, the shopping centers near the intersections of West Covina Parkway and Vincent Avenue and Glendora Avenue, Glendora shops, the bowling alley property, the properties on the northwest corner of Citrus Street and Workman Avenue, The Heights Shopping Center, the properties on the northwest corner of Nogales Street and Valley Boulevard, and various properties on Glendora Avenue and North Azusa Avenue. In considering the title of the proposed use, staff took into account the request of the applicant to store new vehicles. Options available to the Planning Commission include the following. Storage of vehicles Storage, vehicles when in conjunction with an automobile dealership Storage, new vehicles when owned and operated by an automobile dealership Staff recommends the following addition to the Land Use Matrix in the Nonresidential section of the Municipal Code, “Storage, new vehicles when in conjunction with an automobile dealership”. This allows the storage of new vehicles but only as an accessory use to an automobile dealership. The second issue is determining the appropriate entitlement process. The following are options available to the Planning Commission. All of the options include the requirement of storing new vehicles in conjunction with an auto dealership as recommended above. Allow the storage of vehicles by right. This would allow vehicles to be stored on properties zoned S-C without the submittal or review of an application. Allow the storage of vehicles with the approval of an administrative review. An administrative review requires the submittal of an application that can be approved at staff level. No notification of surrounding property owners or occupants is required. An administrative review is subject to revocation if the use is not operated according to the approved use or conditions of approval. Other types of uses requiring the approval of an administrative review include walkup ATM’s, beauty shops with permanent makeup or body piercing, karaoke, solo musicians, and accessory massage. Allow the storage of vehicles with the approval of an administrative use permit (AUP). An administrative use permit requires the submittal of an application that can be approved at staff level. AUP’s require notification of surrounding property owners and occupants. The required radius ranges from noticing adjacent properties, one hundred foot radius, and three hundred foot radius. (Most categories of AUP’s require a three hundred foot radius.) AUP’s are subject to revocation. Examples of types of uses that require an AUP include secondary driveways (R-1 Zones), minor parking reductions, sign exception review, building-mounted wireless antennas, restaurants with the service of alcohol, and outdoor uses (such as farmer’s markets). Allow the storage of vehicles with the approval of a conditional use permit (CUP). A CUP requires a public hearing and approval by the Planning Commission. Notification of property owners and occupants within 300 feet of the subject property is required. CUP’s are subject to revocation. Examples of uses requiring a CUP are day care centers, auto service stations, churches, and public storage facilities. Staff recommends that new vehicle storage be allowed with the approval of an administrative use permit. This process requires review and notification and takes approximately a month to process if a complete application is submitted. Notification of surrounding property owners and occupants allows for input from persons in the vicinity who are aware of issues that staff may not be aware of. The AUP allows for the placement of conditions and the possibility of revocation if conditions are not complied with. It should be noted that Penske has also approached the City about installing fencing and gates around the property for security reasons. They have not yet submitted an application for those improvements. That type of improvement generally is considered through a Planning Director’s modification reviewed administratively. VI. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending approval of Code Amendment No. 11-03 to the City Council. ___ORIGINAL SIGNED_______________ Jeff Anderson, AICP Acting Planning Director Attachments: 1) Code Amendment Resolution 2) Planning Commission minutes of March 22, 2011