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07-05-2011 - Ordinance for AdoptionCode Amendment No. 11-03Vehi - Item 2 (2).pdfCity of West Covina Memorandum TO: Andrew G. Pasmant, City Manager and City Council ITEM NO. 2 FROM: Susan Rush DATE: July 5, 2011 Assistant City Clerk SUBJECT: ORDINANCE FOR ADOPTION CODE AMENDMENT NO. 11-03 VEHICLE STORAGE IN THE "SERVICE COMMERCIAL" ZONE RECOMMENDATION: It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. - 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 DISCUSSION: This ordinance was introduced at the City Council meeting of June 21, 2011. This ordinance will allow the storage of new vehicles in conjunction with an automobile dealership with the approval of an administrative use permit. This ordinance will become effective on August 4, 2011, thirty days after its adoption. c-sik . //f Prepared b argaret Garcia Deputy City Clerk 110&4, Atd/xt,K Approved by Susan Ru h v Assistant City Clerk Attachment: No. 1 - Ordinance No. 2 — Staff Report dated June 21, 2011 Attachment No. 1 ORDINANCE NO. 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 24 111 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 24 th 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 21 St day of June, 2011; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: 1. Penske Mercedes-Benz of West Covina has requested that the City allow for vehicle storage on two lots currently used for employee parking. 2. 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. 3. 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. 4. 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. Ordinance No. Code Amendment No. 11-03 Page 2 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 shall be published as required by law. PASSED AND APPROVED on this 5 th day of July, 2011. Mayor Steve Herfert ATTEST: City Clerk Laurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 21 St day of June, 2011. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5 th day of July, 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Laurie Carrico APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman Ordinance No. Code Amendment No. 11-03 Page 3 EXHIBIT A Article VI. PROCEDURE, HEARINGS, NOTICES, FEES AND CASES 26-206. Notices d. For administrative use permits: (1) 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. a. 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. b. 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. c. 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 defmed in section 26-685.2 Article XI. NONRESIDENTIAL USES. 26-597 Service, trade, cultural, public and private uses (except industrial or manufacturing). AlF RRMM 8 F 15 M F 20 M F 45 ONRS PCCC 2 CCMI 3 1 P P0 BS Studio-art, dance, martial arts, music, etc. a a a a aa a Supermarkets x xxxx — Storage, new vehicles a when in conjunction with an automobile dealership Surveying services x x xxxxx *Swimming pool sales and service (outdoor display) c c City of West Covina Memorandum AGENDA TO: Andrew G. Pasmant, City Manager and City Council ITEM NO. 10 FROM: Jeff Anderson, Acting Planning Director DATE June 21, 2011 SUBJECT: CODE AMENDMENT NO. 11-03 VEHICLE STORAGE IN THE "SERVICE COMMERCIAL" ZONE RECOMMENDATION: The Planning Commission and staff recommend that the City Council introduce the following ordinance: 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 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. The parking lots are located on the southwest comer 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. DISCUSSION: 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 properties owned by Penske are located in the "Service Commercial" (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. The evaluation of the type of storage that would be allowed and the appropriate permit process considered the possible locations where storage might occur and the types of vehicle storage that could potentially occur. Z:\case Files\CODE AMEND\2011 \ 11-03 Vehicle Storage in SCCOStaff Reporldoc Code Amendment No. 11-03 Vehicle Storage in Service Commercial Zone June 21,2011 - Page 2 Based on the Penske request and Planning Commission discussion, the proposed code amendment would allow the following. The storage of new vehicles when in conjunction with an automobile dealership. This would allow an automobile dealership to request ability to store vehicles on property they own or on property owned by another property owner. However, the storage of the new vehicles must be proposed for an automobile dealership, and only new vehicles would allowed to be stored on the lot. Allow the storage of new vehicles in conjunction with an automobile dealership with the approval of an administrative use permit. An administrative use permit requires the submittal of an application that can be approved at staff level. A proposal would require notification of surrounding property owners and occupants within a 300-foot radius. Allow the storage of new vehicles from an automobile dealership in the "Service Commercial" (S-C) Zone. The properties owned by Penske are located in the S-C zone and the Commission felt that the request to allow new vehicle storage on the properties was appropriate. The "Manufacturing" Zone currently allows for vehicle storage. PLANNING COMMISSION DISCUSSION AND RECOMMENDATION: The Planning Commission considered this matter on May 24, 2011. The two issues discussed by the Planning Commission included defining the type of storage that would be allowed and determining the appropriate entitlement process. The Commission expressed support for the code amendment but concern that storage of vehicles should be narrowly defined to limit the amount of commercial land used for vehicle storage. In discussing the type of storage that should be allowed, the Planning Commissioners recommended the storage of new vehicles in conjunction with an automobile dealership in the "Service Commercial" zone. The Commissioners considered the permit process to allow the storage of new vehicles and determined that the administrative use permit process would be the most appropriate. The administrative use permit process allows for notification of surrounding property owners and residents as well as the placement of conditions of approval. The Commission voted 5-0 to recommend approval of the proposed code amendment to the City Council. FISCAL IMPACT: The proposed Code Amendment would not have any direct fiscal impact to the General Fund. Prep ed Jeff Anderson Acting Planning Director Attachments: Attachment 1 — Draft Code Amendment Ordinance Attachment 2 — Planning Commission Resolution No. 11-5420 Attachment 3 — Planning Commission Staff Report, May 24, 2011 Attachment 4— Planning Commission Minutes, May 24, 2011 ZACase Files\CODE AMEND\2011 \1 1-03 Vehicle Storage in SC\CC\StaffReport.doc ATTACHMENT ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING , CHAPTER 26 (ZONING) OF THF, WEST COVINA MUNICIPAL CODE RELATED TO 'VEHICLE STORAGE IN THE "SERVICE COMMERCIAL" (S-C) ZONE WHEREAS, 011 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 22 nd day of March, 201 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 21 st 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. 4. 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. Code Amendment No. 11-03 June 21, 2011 — Page 2 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 shall be published as required by law. PASSED AND APPROVED on this 21 St day of May, 201 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 21 St day of June, 2011. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 21 5' day of June, 2011. AYES: NOES: ABSENT: City Clerk APPROVED AS TO FORM: City Attorney Z:\Case Files\CODE AMEND\2011\11-03 Vehicle Storage in SC\CC\Ordinance.doc Code Amendment No. 11-03 June 21, 2011 — Page 3 EXHIBIT A Article V.I. PROCEDURE, HEARINGS, NOTICES, FEES AND CASES 26-206. Notices d. For administrative use permits: (1) 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. a. 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. b. 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 XL NONRESIDENTIAL USES. 26-597 Service, trade, cultural, public and private uses (except industrial or manufacturing). AlF RRMMM 8 F 15 F 20 M F 45 ONRS PCCC 2 CCMI 3 1 P P0 BS Studio-art, dance, martial arts, music, etc. a a aaaaa Supermarkets x x x x Storage, new vehicles a when in conjunction with an automobile dealership Surveying services x x xxxxx *Swimming pool sales and service (outdoor display) c c ZACase Files\CODE AMEND\2011\11-03 Vehicle Storage in SC\CC\Ordinance.doc ATTACHMENT 2 PLANNING COMMISSION RESOLUTION NO. 1 1 — 5 4 2 0 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. 11-03, RELATED TO VEHICLE STORAGE IN THE "SERVICE COMMERCIAL" (S-C) ZONE CODE AMENDMENT NO. 11-03 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide 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 22 nd 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, studies and investigations made by this Commission and in its behalf reveal the following facts: 1. Penske Mercedes-Benz of West Covina has requested that the Planning Commission allow for vehicle storage on two lots currently used for employee parking. 2. 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. 3. Due to the nature of storage lots, it is appropriate to require the submittal of a discretionary permit to allow for review of the request, placement of conditions of approval, and ability to review after approval. 4. 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, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows: SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 11-03 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. SECTION NO. 2: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approves Code Amendment No. 11-03 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A." Z:\Resos\2011 Resos\ 11-5420 CA 11-03 VehicleStorage S-C.doc Planning Commission Resolution No. 11-5420 Code Amendment No. 11-03 May 24, 2011 - Page 2 SECTION NO. 3: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law. I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 24 th day of May, 2011 by the following vote. AYES: Redholtz, Sotelo, Stewart, Holtz, Carrico NOES: None ABSTAIN: None ABSENT: None DATE: May 24, 2011 Alan Carrico, Chairman Planning Commission Lims, :'erson, Secretary • lanning Commission ZAResos\2011 Resos\ 11-5420 CA 11-03 VehicleStorage S-C.doc EXHIBIT A Article XL NONRESIDENTIAL USES. 26-597 Service, trade, cultural, public and private uses (except industrial or manufacturing). 1 RMM FF 8 15 M F 20 M F 45 ONRS PCCC 2 CCMI 3 1 P P0 BS Studio-art, dance, martial arts, music, etc. a a aaaaa Supermarkets x xxxx — Storage, new a vehicles when in conjunction with an automobile dealership Surveying services x x xxxxx *Swimming pool sales and service (outdoor display) c c iVITACHME AGENDA ITEM NO. C-2 DATE May 24,2011 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 92, 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 ZACase Files\CODE AMEND\2011\11-03 Vehicle Storage in SCAPC\StaffReport.doc Code Amendment No. 11-03 Vehicle Storage May 24, 2011 - Page 2 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 2. 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). 4. 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 ZACase Files\CODE AlvIEND\2011\11-03 Vehicle Storage in SC\PC\StaffReport.doc Code Amendment No. 11-03 Vehicle Storage May 24, 2011 - Page 3 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 peilait. 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. r/V1/4" 3",etainderson, AICP Acting Planning Director Attachments: 1) Code Amendment Resolution 2) Planning Commission minutes of March 22, 2011 ZACase Files\CODE AMEND\2011\11-03 Vehicle Storage in SaPaStaffReport.cloc ( Planning Commission Minutes Page 3 — May 24. 2011 (2) CODE AMENDMENT NO. 11-03 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to the Zoning section of the Code as it relates to vehicle storage in conjunction with an automobile dealership in the "Service Commercial" (S-C) Zone. Chairman Carrico opened the public hearing. Acting Planning Director Jeff Anderson presented the staff report. Mr.: Anderson told the Commission that the request for a code amendment came from Penske to allow them to store new vehicles on their employee parking lots, which is in the "Service Commercial" S-C zone. He also said staff had given consideration to the types of vehicle to be stored and the type of application process that would be appropriate because the code amendment would be for all properties zoned "Service Commercial" S-C within the city. He recommended that the code amendment allow storage of new vehicles in conjunction with automobile dealerships, subject to the approval of an administrative use permit. He further stated that the administrative use process would require notification of property owners within a 300-foot radius and allow staff to incorporate conditions of approval. Staff also recommended that the Commission recommend approval of this code amendment to the City Council. PROPONENT: Joseph Mahana, representing Penske, stated that they intended to store printer vans in the employee parking lots and answered questions regarding the fencing and lighting on the lot. OPPONENTS: No one spoke in opposition. Chairman Carrico closed the public hearing. Commissioner Sotelo expressed his support of the code amendment. Commissioner Redholtz also said he was in favor, since the storage of vehicles in this zone had been defined. He also said he felt the administrative use process would allow for adequate review of this type of request. Commissioners Holtz and Stewart also expressed their support of the code amendment. Chairman Carrico said he was satisfied with the storage of new vehicles in conjunction with an automobile dealership, the notification requirements and the ability for review by the Planning Commission. Motion by Redholtz, seconded by Holtz, to adopt Resolution No. 11-5420, approving Code Amendment No. 11-03. Motion carried 5-0. Chairman Carrico said final action on this matter would be considered by the City Council at a public hearing tentatively scheduled for June 21, 2011. (3) VARIANCE NO. 11-05 CATEGORICAL EXEMPTION APPLICANT: Encore Image, Inc. LOCATION: 3041 East Garvey Avenue North (Hooters Restaurant) REQUEST: •The applicant is requesting approval of a sign variance to deviate from certain development standards including maximum sign area and maximum sign height. The applicant is proposing to replace an existing freestanding identification sign with a 124.5-square foot, 28-foot tall freestanding Z:\PLANCOM\MINUTES\2011 MINUTES\minutes 5.24.11.doc TO: FROM: Andrew G. Pasmant, City Manager and City Council Shannon A. Yauchzee, Director/City Engineer Public Works Department IIy of vv CS' Luvilia Memorandum AGENDA ITEM NO. 3 DATE July 5, 2011 SUBJECT: TRAFFIC COMMITTEE MINUTES RECOMMENDATION: is recommended that the City Council take the following actions: Receive and file the attached minutes of the Traffic Committee meeting held on June 21, 2011. Introduce the following ordinance to reduce the speed limit on a portion of Merced Avenue from Azusa Avenue to Hollenbeck Street from 40 miles per hour to 25 miles per hour: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASE OF STATE LAW MAXIMUM SPEEDS (VIRGINIA AVENUE) P epares •y: Miguel Hernandez Reviewed/Approved b : Shannon A. Yauchzee Civil Engineering Associate Director/City Engineer Attachment No. 1 — Report Attachment No. 2 — Ordina ZATRAFFIC COMMITTEE - 20111.IuneTC 2011 Minutes.doc ATTACHMENT NO. REGULAR MEETING OF THE TRAFFIC COMMITTEE CITY OF WEST COVINA Tuesday June 21, 2011 STAFF PRESENT: OTHERS PRESENT: 3:00 p.m. City Hall, Room 314 Management Resource Center Shannon Yauchzee, Miguel fIernandez, and Dave Nichols None REQUEST: ity Initiated THAT THE TRAFFIC CONDITION ON MERCED AVENUE FROM AZUSA AVENUE TO HOLLENBECK STREET BE REVIEWED. FINDINGS: Speed limits are established in accordance with the California Vehicle Code (CVC) and the Manual of Uniform Traffic Control Devices (MUTCD) guidelines. Maximum speed limit in urban areas is 55 miles-per-hour. All other speed limits are called prima facie limits, which are considered to be safe under normal conditions. Prima facie limits are set by the CVC and include 25 miles-per-hour in business and residential districts, 25 miles-per-hour in school zones, and 15 miles-per-hour in alleys and railroad crossings. Speed limits between 25 and 55 miles-per-hour are established by a traffic and engineering studies, which take into account a sampling of vehicular speeds, collision history, and roadway conditions. A safe and reasonable speed is set at or below the speed at which 85 percent of the drivers drive. Speed limit for residential, as mentioned above, is 25 miles-per-hour. In order for a street to be considered as a residential street, it needs to have the following characteristics: The width cannot exceed 40 feet. The interrupted length cannot be more than one-half mile (2,640-feet). Interruptions include official traffic control devices such as stop signs and traffic signals. There can be no more than one traffic lane in each direction. Merced Avenue between Azusa Avenue to Hollenbeck Street is 40-feet in width, has one traffic lane in each direction, and is 2,616 feet of uninterrupted length. Thus, this would allow Merced Avenue to be classified as a residential street and set the speed limit at 25 miles-per-hour. TRAFFIC COMMITTEE RECOMMENDATION: THAT MERCED AVENUE FROM AZUSA AVENUE TO HOLLENBECK STREET BE POSTED AT 25 MILES-PER-HOUR WITH A RADAR ENFORCED PLATE. ZATRAFFIC COMMITTEE - 20111.1uneTC 2011 Minutes.doc ATTACHMENT No. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES OF STATE LAW MAXIMUM SPEEDS (VIERCED AVENUE). The City Council of the City of West Covina does ordain as follows: SECTION 1. Section 22-131 of the West Covina Municipal Code is amended such that the sub-paragraph labeled Merced Avenue from Azusa to Glenn Alan Avenues is deleted: SECTION 2. That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this 5thday of July 201 Mayor Steve Herfert ATTEST: City Clerk Laurie Carrico 1, LAURIE CARRICO, City Clerk of the City of West Covina, California, 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 of 2011. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 2011, by the following vote: AYES: NOES: ABSENT: City Clerk Laurie Carrico APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman ZAORD1NANCE - 20111Merced Ave Speed Limit, doc City of West Covina Memorandum 4 Item No. Date July 5, 2011 TO: Andrew G. Pasmant, City Manager and City Council FROM: Thomas Bachman, Assistant City Manager SUBJECT: CITY TREASURER'S REPORT FOR MAY 2011 RECOMMENDATION: is recommended the City Council receive and file this report. DISCUSSION: Effective January 1, 2006, Section 53646 of the Government Code states that a city's chief fiscal officer may submit quarterly reports to their legislative body. This report is to include the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments, and money held by the local agency. It must also include a statement that the portfolio is in compliance with the City's investment policy, or manner in which it is not in compliance, and note the ability of the local agency to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money may not be available. Although it is no longer a requirement to submit quarterly reports to the local legislative body, the Finance Department will continue to submit treasurer's reports to the West Covina City Council each month. The May Report shows the City's portfolio decreased from $45,093,553.38 on April 30, 2011, to $44,849,845.90 on May 31, 2011. Beginning with the May 2001 report, average maturity information has been provided for investments in the City's portfolio. The overall average maturity of the portfolio is 827 days or approximately two years. Approximately 3 percent of the portfolio is on deposit in various bank accounts. These funds are available to satisfy obligations as needed. The majority of the portfolio is on deposit in two investment pools. Approximately 39 percent is held in the State of California Local Agency Investment Fund (LAIF) and 27 percent is in the Los Angeles County Investment Pool (LACIP). These funds are completely liquid since the City could withdraw them at any time. The portfolio also includes two long-term, high interest investments made in the early 1980s which constitute approximately 31 percent of the portfolio. Prepared by: Dennis Swink Reviewe I /A •proved by: Thomas Bachman Controller Finance Director APP D .ROV BY: Mar _. o .„,......44e, (Ir iirr II 1.ilit CITY OF WEST COVINA STATEMENT OF TREASURER'S ACCOUNTABILITY MAY 31, 2011 TYPES OF DEPOSITS: CHECKING ACCOUNTS WELLS FARGO GENERAL CHECKING WELLS FARGO BANK GEN AUTO & LIABILITY WELLS FARGO BANK WORKER'S COMPENSATION WELLS FARGO PAYROLL SUB-TOTAL OTHER INVESTMENTS: WELLS FARGO SWEEP FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA) FEDERAL HOME LOAN MORTGAGE CORPORATION (FHLMC) LOCAL AGENCY INVESTMENT FUND - CITY (LAIF) LOS ANGELES COUNTY POOL (LACIP) SUB-TOTAL TOTAL APRIL 30 275,643.00 1,355.46 95,411.37 88,418.79 460,828.62 2,152,915.99 3,688,593.75 10,199,962.50 16,783,281.13 11,807,971.39 44,632,724.76 45,093,553.38 WITHDRAWALS 38,092,311 20 150,613.14 2,729,202.78 40,972,127.12 17,148,552.89 7,600,000.00 24,748,552.89 65,720,680.01 MAY 31 298,935.00 1,355.46 50,000.00 77,913.54 428,204.00 44,849,845.90 DEPOSITS 38,115,603.20 105,201. - 77 2,718,697.53 40,939,502.50 16,074,693.85 8,450,000. - 00 12,776.18 24,537,470.03 65,476,972.53 0.955% 100% 1,079,056.95 2.406% 3,688,593.75 ** 8.224% 10,199,962.50 ** 22.742% 17,633,281.13 39.316% 11,820,747.57 26.356% 44,421,641.90 99.045% **These two high interest long term investments were made before State Law limited investments to a maximum five-year term. It has been verified that this investment portfolio is in conformity with the City of West Covina's investment policy which was approved by the City Council on January 18, 2005. The investment portfolio provides sufficient cash flow liquidity to meet estimated expenditures for the next six months. This report is accurate with respect to all information received as of June 22, 2011. EARNED INTEREST YIELD THIS PERIOD: 2.965% SIX-MONTH TREASURY BILL YIELD: 0.090% Dennis Swink, City Controller SUBMITTED Y: Thomas Bachman, Ass ant City Manager/Finance Director Angel F. Patoria, Revenue Services Supervisor City of West Covina Portfolio Details May 31, 2011 AVERAGE 05/31/2011 04/30/2011 INVESTMENT INVESTMENT ISSUER MATURITY PURCHASE DAYS TO CUSIP RATE YIELD COST PAR MARKET MARKET NUMBER TYPE DATE DATE MATURITY VALUE* VALUE* 1986-06-01 ** FHLMC U.S. GOVERNMENT AGENCY ** FNMA U.S. GOVERNMENT AGENCY 06/01/16 06/01/86 313400MC4 8.250 7.728 10,199,962.50 9,555,000.00 9,555,000.00 11,717,774.25 11,717,774.25 11,592,794.85 11,592,794.85 1801 10,199,962.50 1985-12-10 12/10/15 12/10/85 313586UB3 10 350 8.418 3,688,593.75 3,000,000.00 4,117,950.00 4,084,170.00 1630 3,688,593.75 3,000,000.00 4,117,950 00 4,084,170.00 1992-04-20 LACIP LOS ANGELES COUNTY TREASURER*** 04/20/92 538 N/A 1 230 1.230 11,820,747.57 11,820,747.57 11,820,747.57 11,820,747.57 1989-10-19 LAIF STATE OF CALIFORNIA 10/19/89 185 N/A 0.413 0.413 17,633,281 13 17,633,281.13 17,633,281.13 17,633,281 13 827 TOTALS: 43,342,584.95 42,009,028.70 45,289,752.95 45,130,993.55 * MARKET VALUES HAVE BEEN PROVIDED BY UNION BANK. ** These two high interest long term investments were made before State Law limited investments to a maximum five-year term. *** For this month's report, April 2011 LACIP Earnings Rate and April 2011 LACIP Weighted Average Days to Maturity were used due to the unavailability of May 2011 figures as of the writing of this report. Note: The Wells Fargo Sweep account was not included in the calculation of average maturity. City of West Covina Memorandum 5 Item No. Date July 5, 2011 TO: Andrew G. Pasmant, Executive Director and the Community Development Commission FROM: Thomas Bachman, Assistant City Manager SUBJECT: CDC TREASURER'S REPORT FOR MAY 2011 RECOMMENDATION: It is recommended the Community Development Commission Board receive and file this report DISCUSSION: Effective January 1, 2006, Section 53646 of the Government Code states that a city's chief fiscal officer may submit quarterly reports to their legislative body. This report is to include the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, investments, and money held by the local agency. It must also include a statement that the portfolio is in compliance with the City's investment policy, or manner in which it is not in compliance, and note the ability of the local agency to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money may not be available. Although it is no longer a requirement to submit quarterly reports to the local legislative body, the Finance Department will continue to submit treasurer's reports to the West Covina Community Development Commission Board each month. The May Report shows the CDC's portfolio increased from $13,916,520.62 on April 30, 2011, to $14,695,071.06 on May 31, 2011. To ensure funds are available on short notice to take advantage of development opportunities, the CDC's surplus funds are in investment pools with the State of California Local Agency Investment Pool (LAIF) and the Los Angeles County Investment Pool (LACIP). These funds are completely liquid since the City could withdraw them at any time. Approximately 67 percent of the portfolio is on deposit in LAIF and 32 percent is in LACIP. The remaining 1 percent of available cash is on deposit in various checking accounts. This report also shows cash holdings for the Community Facilities District. These funds are used for district operating expenses and debt service and are invested in a separate LACIP account. Prepared by: Dennis Swink R-vie -d/Approve• by: Thomas Bachman Controller Finance Director APRIL 30 12,659.40 5,385.00 18,044.40 9,131,890.12 4,766,586.10 13,898,476.22 13,916,520.62 729.11 1,755,199.63 1,755,928.74 DEPOSITS 3,006,282.88 6,215.00 3,012,497.88 2,795,000.00 5,469.39 2,800,469.39 5,812,967.27 467,207.94 467,233.56 934,441.50 MAY 31 4,125.45 3,000.00 7,125.45 9,915,890.12 4,772,055.49 14,687,945.61 14,695,071.06 385.05 2,221,433.19 2,221,818.24 TYPES OF DEPOSITS: WITHDRAWALS CHECKING ACCOUNTS WELLS FARGO GENERAL CHECKING PACIFIC WESTERN NAT BANK RDA PROGRAMS (SBA/FTHB/HPP) 3,014,816.83 8,600.00 SUB-TOTAL 3,023,416.83 OTHER INVESTMENTS: LOCAL AGENCY INVESTMENT FUND (LAIF) LOS ANGELES COUNTY POOL (LACIP) 2,011,000.00 SUB-TOTAL 2,011,000.00 TOTAL 5,034,416.83 COMMUNITY FACILITIES DISTRICT REVENUE FUND WELLS FARGO BANK C.F.D. CHECKING LOS ANGELES COUNTY POOL (LACIP) 467,552.00 1,000.00 TOTAL FOR C.F.D. REVENUE FUND 468,552.00 T7777777 III Dennis Swink, City Controller Angel F. yatetia, Revenue Services Supervisor PREPARE COMMUNITY DEVELOPMENT COMMISSION STATEMENT OF TREASURER'S ACCOUNTABILITY MAY 31, 2011 It has been verified that this investment portfolio is in conformity with the City of West Covina's investment policy which was approved by the City Council on January 18, 2005. The investment portfolio provides sufficient cash flow liquidity to meet estimated expenditures for the next six months. This report is accurate with respect to all information received as of June 22, 2011. EARNED INTEREST YIELD THIS PERIOD: 0.678% SIX-MONTH TREASURY BILL YIELD: 0.090% 1116m—chm-an, Ass%Tant City Manager/Finance Director TO: Andrew G. Pasmant, City Manager and City Council FROM: Thomas Bachman, Assistant City Manager SUBJECT: AWARD OF BID FOR NON-COIN OPERATED TELEPHONES RECOMMENDATION: It is recommended that the City Council accept the bid of Littlejohn Communications of Malibu, California, to install, maintain, and operate non-coin pay telephones in the City’s jail. DISCUSSION: On May 2, 2011, the City issued an Request for Proposals (RFP) seeking telecommunications vendors to install, operate, and maintain non-coin operated pay telephones (NCOT) in eight (8) of the City’s jail cells on an exclusive agreement basis. The City also sought to add two (2) additional non-coin operated pay telephones in the jail cell area, one (1) additional telephone in the booking/live scan area and one (1) monitored-capable telephone based intercom system in the visitation area of the West Covina Jail Facility. These non-coin operated pay telephones and visitation area phones and their continuing maintenance are provided by the vendor and at no cost to the City. The vendor then pays the City a commission based on the revenue generated by use of the phones. The RFP requires the vendor to provide the City a monthly report of the total revenue received by the vendor and a calculation of the City’s commission. It further required that the City would receive a minimum of 40% of the gross receipts. The RFP was distributed to six (6) specific vendors and made available on the City’s web page. On May 31, 2011, the due date for responses to the RFP, proposals were received from the six (6) following vendors: (In alphabetical order with corresponding commission rate) 1. Inmate Communications Corporation, Van Nuys, California ------------------------ 42-50% 2. Inmate Phone Services, Calabasas, California ----------------------------------------------40% 3. Legacy Inmate Communications, Cypress, California -------------------------------------61% 4. Littlejohn Communications Inc., Malibu, California --------------------------------------50% 5. PPW Inmate Technologies, Torrance, California -------------------------------------------40% 6. The Zaman Group, Los Angeles, California -------------------------------------------------62% Littlejohn Communications offers a standard rate per call compared to variable rates offered by other vendors. This will result in the highest revenue for the City. The bid submitted by Littlejohn Communications was found to be the most complete in meeting the requirements set forth in the Scope of Service section of the RFP and determined to best meet the needs of the City. References of Littlejohn Communications were checked and all contacts indicated Littlejohn Communications was a reputable and responsible vendor. The persons contacted were highly satisfied with the service provided by Littlejohn Communications. Staff reviewed all bids and disqualified four (4), Inmate Communications, Inmate Phone Svc, PPW Inmate Tech, and The Zaman Group for various reasons including negative references, non-responsive to portions of the Scope of Service outlined in the RFP or Addendum, and failure to abide by terms of previous contract. Littlejohn Communications and Legacy Inmate were looked at for closer consideration. Police department personnel contacted local agencies that currently use the remaining two bidders equipment. The information gained from these contacts resulted in the final choice. City of West Covina Memorandum AGENDA Item: 6 Date: July 5, 2011 FISCAL IMPACT: Acceptance of this bid will provide an estimated annual revenue to the City of $21,000. Revenue deposited in the Inmate Welfare Fund must be used to purchase health and welfare supplies for inmates housed in the City jail. ______________________________ _______________________________ Prepared by: Helen L Jamison Review /Approve: Tom Bachman Telecommunications Coordinator Assistant City Manager