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02-01-2011 - Ordinance for Adoption, Zone Change #10-01, Applicant: Ahmad Ghaderi - Ashdon Development, Location: Northeast Corner of Azusa & Giambi Way• C] TO: Andrew G. Pasmant, City Manager and City Council FROM: Susan Rush Assistant. City Clerk City of West Covina Memorandum AGENDA ITEM NO. 5 DATE: February 1, 2011 PRINTED ON RECYCLED PAPER SUBJECT: ORDINANCE FOR ADOPTION ZONE CHANGE NO. 10-01 APPLICANT: Ahmad Ghaderi — Ashdon Development LOCATION: Northeast Corner of Azusa Avenue and Giambi Way 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, APPROVING ZONE CHANGE NO. 10-01 DISCUSSION: This ordinance was introduced at the City Council/CDC Joint Meeting of January 18, 2011. The purpose of the ordinance is to allow a zone change to "Service Commercial" for the property located at the northeast corner of the intersection of Azusa Avenue and Giambi Way for the development of an auto service station facility. The ordinance will become effective 30 days after its adoption on March 3, 2011 FISCAL IMPACT: There is no fiscal impact .with the adoption of an ordinance except for minor costs associated with updating the municipal code books. PreparZFd b� Margaret Garcia Deputy City Clerk Approved by S san Rush Assistant City Clerk Attachment: 1. Ordinance 2. January 18, 2011 Staff Report Item #12 • ATTACHMENT NO. 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 10-01 ZONE CHANGE NO. 10-01 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Ahmad Ghaderi - Ashdon Development LOCATION: Northeast Corner of Azusa Avenue and Giambi Way WHEREAS, there was filed with this Council a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Open Space" (O-S) to "Service Commercial" (S-C) on that certain property generally described as follows: Assessor Parcel No. 8435-001-912, in the records of the Los Angeles County Assessor; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment from "Open Space" to "Service and Neighborhood Commercial"; and WHEREAS, the proposed zone change is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, said zone change application is requested to allow for the development of a auto service station; and WHEREAS, a precise plan for the site plan and architecture has been submitted for the development of the project; and WHEREAS, consistent with this request, the applicant has submitted a conditional use permit application for the operation of a service station, car wash, drive -through facilities, convenience store and fast food use; and WHEREAS, it is a stated policy of the Land Use Element of the General Plan to provide for a range of non-residential uses that will ensure a strong economic base for the City; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 24th day of August, 2010, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Ordinance No. 10-5375 recommending approval to the City Council; and WHEREAS, the City Council did, on the 18th day of January, 2011, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The applicant is requesting approval of a design to allow for the construction of an auto service station facility on a 2.13=acre property. 2. The project consists of a zone change requesting to change the zone from "Open Space" (O-S) to "Service Commercial" (S-C). 3. Findings necessary for approval of a zone change are as follows: Ordinance No. Page 2 a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. b. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to ,the area. C. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. d. The approval of such a change of zone. will not adversely affect the comprehensive General Plan so adopted by the City. e. The approval of such a zone change is consistent with the General Plan or applicable specific. plans. 4. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has been prepared indicating that although the project could have a significant effect on the environment, there will not be a significant effect due to mitigating measures. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The proposed zone change facilitates the development of an auto service station that would include a self-service car wash and a two-story convenience store building with office space and space for fast food use. The proposed development will be consistent with the neighboring retail uses to the south of the subject site. The existing zoning restricts the property to open space uses.. The Master Plan of Streets designates South Azusa Avenue as a six -lane "Principal Arterial". The street is designed to accommodate high traffic volumes. Surrounding land' uses include natural habitat to the north, retail uses to the south, single-family residences to the west of the subject property and Big League Dreams Sports Park to the east of the site. b. The proposed zone change will not adversely affect adjoining property value and will not be detrimental to the area because the property is adjacent to commercial/entertainment uses on the east and south. The proposed development is a gas station development that has been designed to be sensitive to neighboring single-family properties in terms of setbacks, architectural treatment and privacy issues. Residential uses are separated from the subject. property by the 6-lane Azusa Avenue and residential uses a higher in elevation from the subject property. C. The proposed zone change is compatible with the surrounding area in that the subject property is located in an area with other commercial retail service oriented developments. The subject use is separated from residential uses to the west by a principal arterial and by topography. d. The proposed zone change will not adversely affect the General Plan as consistency between the General Plan and the Zoning Map will be maintained through the proposed General Plan amendment. The concurrent General Plan amendment allows for developments of service retail uses`. e. The approval of such zone change is consistent with the proposed General Plan land use designation of "Service and Neighborhood Commercial." That proposed land use designation allows for service retail developments. The proposed retail designation allows for convenience retail uses. There are no specific plans that affect the property. NOW, THEREFORE, the City Council of the City of West Covina, California, does ordain as follows: • _ Ordinance No. Page 3 • SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 10-01 is hereby found to be consistent with the City's General Plan and the land uses pennitted within said zone classification. SECTION NO. 2: Pursuant to the California Environmental Quality Act (CEQA) of 1970, the project is a General Exemption (Section 15061 (b) (3)) in that the proposed Specific Plan will not have a significant effect on the environment and any future development of the property would be in compliance with CEQA:. SECTION NO. 3: The Planning Commission does hereby recommend to the City Council that it approve Zone Change No. 10-01, changing the zoning designation for subject property as set forth on Exhibit A, and amending the Zoning Map of the City of West Covina. SECTION NO. 4: The Secretary is instructed to forward a copy of this Ordinance to the City Council for its attention in the manner prescribed by law. SECTION NO.5: The City Clerk shall certify to the passage of this Ordinance. APPROVED AND ADOPTED on this I" day of February 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 18th day of January, 2011. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the Is' day of February 2011, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Laurie Carrico APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman ZONE CHANGE NO. 10-01 - EXHIBIT A Indicates area proposed to be rezoned from "Open Space" (O-S) to "Service Commercial" (S-C) City of West Covina Memorandum AGENDA TO: City Manager and City Council ITEM NO. 1 L FROM: Jeff Anderson DATE: January 18. 2011 Acting Planning Director SUBJECT: GENERAL PLAN AMENDMENT NO. 10-01 ZONE CHANGE NO. 10-01 .NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Ahmad Ghaderi - Ashdon Development LOCATION: Northeast Corner of Azusa Avenue and Giambi Way RECOMMENDATION: The Planning Commission' and staff recommends that the City Council adopt the ' following resolutions: 1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO.. 10-01, ZONE CHANGE NO. 10-019 PRECISE PLAN NO. 10-02, CONDITIONAL USE PERMIT NO. 10- 02E AND VARIANCE NO. 10-02 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970E AS AMENDED 2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,- CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 10-01 The Planning Commission and staff further recommends that the City Council introduce the following ordinance: 3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 10-01 DISCUSSION: On August 24, 2010, the Planning Commission approved a precise plan and conditional use permit for the development of a gasoline service station facility including a car wash, convenience store, food service, a drive -through window, and office space, and also recommended approval of the General Plan amendment and zone change. For more detailed information, please refer to the Planning Commission staff report (Attachment 4). The request is to change the General Plan designation of the property located at the northeast corner of the intersection of Azusa Avenue and Giambi Way (vacant lot) from "Open Space" (O- S) to "Service and Neighborhood Commercial" (S-C) to allow the development of the service station facility. The "S-C" Zone allows for development of retail service or similar type uses. Therefore, the applicant is requesting a zone change to "Service Commercial" (S-C) to allow for the development of an auto service station facility that would include a self-service car wash and a two-story convenience store building with office space and space for fast-food use. Because the property is located on a high traffic volume arterial street and is of limited size the subject property is not an ideal site for a park, or open space. It is 'staff s belief that changing the zone to "Service Commercial" is appropriate and will allow the property to be improved and maintained. ZACase Files\PP\20 1 0\10-02 AAA PAD Service Station Car Wash\CC\Council Staff Report.doc GPA 10-01, ZC 10-01, PP 10-02, CUP 10-02, Var. 10-02 Northeast Comer of Azusa Avenue and Giambi Way January 18, 2011 - Page 2 Proposed Development The project proposes the construction of a gas station facility that includes a 2,340-square foot self-service car wash facility, and a 7,305-square foot two-story building. The building includes a 2,340-square foot second floor and a 4,965-square foot first. floor. The lot is currently undeveloped and is 92,729 square feet in size. The applicant proposes to subdivide the first floor of the building into three tenant spaces including: a food mart; food take out, and a fast food restaurant with a drive -through. The site is located at the northeast corner of Azusa Avenue and Giambi Way directly adjacent to the Big League Dreams Sports Park. Two 26-foot high geo grid retaining walls are proposed along the easterly property line. The proposed retaining walls will match the style of retaining walls currently located throughout the Heights Retail Center and Big League Dreams Sports Park. Additionally, a twelve -foot wide deceleration lane to allow vehicles into and out of the subject site is proposed along the Azusa Avenue frontage. The deceleration lane allows for vehicles to enter and exit the subject property without conflicting with through traffic. The two-story building is proposed to be contemporary in style and provide a variety of articulation in building surfaces. Stone veneer (Chardonnay "Southern Ledgestone") columns are provided throughout front and side elevations of the building. The fagade design will include smooth finish stucco and architectural cornice molding along the raised parapets. The exterior of the building will include a mixture of beige and tan colored smooth stucco cement plaster. Decorative square accents with revels are proposed along the front and side elevations. Rod - supported metal "Curved Trellises" are proposed on the front elevation of the first floor and on the second floor of the building. The proposed self-service car wash building includes stone veneer columns with a wood trellis over the parking area along the front of the car wash building. The fagade design and exterior of the building includes a mixture of beige and tan colored smooth stucco cement plaster that is consistent with the adjacent convenience store building. - The project also includes a conditional use permit for a service station, convenience store, fast food use, carwash, and drive through. Environmental Review The project requires a Mitigated Negative Declaration (MND) per the California Environmental Quality Act (CEQA). The environmental consulting firm of ESA prepared the MND as well as the Post Closure Development Environmental Impact Report closing the BKK Landfill, and the Big League Dreams City Park, Sports . Complex and Commercial Retail Center Supplemental Environmental Impact Report (Big League Dreams SEIR). The MND concluded less than significant impacts caused by the proposed project. The public review period for the Negative Declaration ran from August 4, 2010 through August 24, 2010. On September 15; 2010, staff received a letter from the Department of Fish and Game responding to the MND (Attachment 13). In order to address issues raised in the Department of Fish and Game letter, it is recommended that the mitigation of the Biological Resources section be amended in the draft MND to address their comments. Changes recommended to those mitigations are provided in Attachment 11 and include the following: 1. Requiring a qualified biologist to conduct a breeding bird survey to determine if. protected species have nests in the vicinity; and 2.. Recommending that coastal sage scrub vegetation be removed prior to February 1 or after September 1 to avoid impacts to the birds or nests. On January 6, 2011, staff sent a response letter (Attachment 12) to the Department of Fish and Game indicating the potential impacts to coastal California gnatcatcher were mitigated to less -than - significant level under the California Environmental Quality. Act. ZACase Files\PP\2010\10-02 AAA PAD Service Station Car Wash\CC\Council Staff Report.doc 0 GPA 10-01, ZC 10-01, PP 10-02, CUP 10-02, Var. 10-02 Northeast Comer of Azusa Avenue and Giambi Way January 18, 2011 - Page 3 PLANNING COMMISSION REVIEW AND ACTION: The Planning Commission held a public hearing regarding this matter on August 24, 2010. Commissioner Stewart expressed concerns regarding the potential noise impacts from the carwash and adequate parking. At the conclusion of the hearing, the Commission voted 5-0 to approve the precise plan and conditional use permit as well as to recommend approval of the General Plan amendment, zone change, and Mitigated Negative Declaration to the City Council. In approving the project, the primary reasons cited by the 'Planning Commission included improvement to the area and the addition of well designed and attractive buildings that would be an asset to the surrounding community, The Commission therefore acted to approve the proposal. FISCAL IMPACT: The estimated building valuation for the new office building is $969,106: The property tax is equal to 1 percent of the assessed valuation. The City's portion of that assessment is approximately $9,691 annually. Prepared by: Ron Garcia Planning Associate Attachments: Rev' d/ pproved by: Jeff Anderson Acting Planning Director Attachment 1 — Draft Mitigated Negative Declaration of Environmental Impact Resolution Attachment 2 - Draft General Plan Amendment Resolution for Approval Attachment 37 Draft Zone Change Ordinance for Approval Attachment 4 — Planning Commission Staff Report dated August 24, 2010 Attachment 5 — Planning Commission Minutes dated August 24, 2010 Attachment 6 -Planning CommissionResolution No. 10-5373, Mitigated Negative Declaration of Environmental Impact Attachment 7 — Planning Commission Resolution No. 10-5374, General Plan Amendment No. 10-01 Attachment 8 — Planning Commission Resolution No. 10-5375, Zone Change No. 10-01 Attachment 9 — Planning Commission Resolution No. 10-5376, Precise Plan No. 10-02 Attachment 10 — Planning Commission Resolution No. 10-5377, Conditional Use Permit No. 10-02 Attachment 11— Recommended Amendments to Biology Mitigation Measures Attachment 12— Staff response letter to the Department of Fish and Game, dated January 6, 2011 Attachment 13 — Department of Fish and Game Response Letter, dated September 15, 2010 Z:\Case Files\PP\2010\10-02 AAA PAD Service Station Car Wash\CC\Council Staff Report.doc ATTACHMENT ENT 3 ORDINANCE NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.10-01 ZONE CHANGE NO. 10-01 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Ahmad Ghaderi - Ashdon Development LOCATION: Northeast Corner of Azusa Avenue and Giambi Way WHEREAS, there was filed with this Council a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Open Space" (O-S) to "Service Commercial" (S-C) on that certain property generally described as follows: Assessor Parcel No. 8435-001-912, in the records of the Los.Angeles County Assessor; and ' WHEREAS, "consistent with the request, the applicant has also requested a General Plan amendment from "Open Space" to "Service and Neighborhood Commercial"; and WHEREAS, the proposed zone change is requested to provide consistency between'the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, said zone change application is requested to allow for the development of a auto service station; and WHEREAS, a precise plan for the site plan and architecture has been submitted for the development of the project; and WHEREAS, consistent with this request, the applicant has submitted a conditional use permit application for the operation of a -service station, car wash, drive -through facilities, convenience store and fast food use; and WHEREAS, it is a stated policy of the Land Use Element of the General Plan to provide for a range of non-residential uses that will ensure a strong economic base for the City; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 24t" day of August, 2010, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 10-5375 recommending approval to the City Council; and WHEREAS, the City Council did, on the 18th .day of January, 2011, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The applicant is requesting approval of a design to allow for the construction of an auto service station facility on a 2.13-acre property. Z:\Case Files\PP\2010\10-02 AAA PAD Service Station Car Wash\CC\CC Resos\CC ORD ZC Reso.doc Resolution No. Zone Change No. 10-01 January 18, 2011 - Page 2 2. The project consists of a zone change requesting to change the zone from "Open Space" (O-S) to "Service Commercial" (S-C). Findings necessary for approval of a zone change are as follows: a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. b. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area. C. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. d. The approval of such a change of zone will' not adversely affect the comprehensive General Plan so adopted by the City. e. The approval of such a zone change is consistent with the General Plan or applicable specific plans. 4. Pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, a NEGATIVE DECLARATION OF ENVIRONMENTAL HAPACT has been prepared indicating that although the project could have a significant effect on the environment, there will not be a significant effect due to mitigating measures. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The proposed zone change facilitates the development of an auto service station that would include a self-service car wash and'a two-story convenience store building with office space and space for fast food use. The proposed development will be consistent with the neighboring retail uses to the south of the subject site. The existing zoning restricts the property. to open space uses. The Master Plan of Streets designates South Azusa Avenue as a six -lane "Principal Arterial". The street is designed to accommodate high traffic volumes. Surrounding land uses include natural habitat to the north, retail uses to the south, single-family residences to the west of the subject property and Big League Dreams Sports Park to the east of the site. b. The proposed zone change will not adversely affect adjoining property value and will not be detrimental to the area because the property is adjacent to commercial/entertainment uses on the east and south. The proposed development is a gas station development that has been designed to be sensitive to neighboring single-family properties in terms of setbacks, architectural treatment and privacy issues. Residential uses are separated from the subject property by the 6-lane Azusa Avenue and residential uses a higher in elevation from the subject property. C. The proposed zone change is compatible with the surrounding area in that the subject property is located in an area with other commercial retail service oriented developments. The subject use is separated from residential uses to the west by a principal arterial and by topography. d. The proposed zone change will not adversely affect the General Plan as consistency between the General Plan and the Zoning Map will be maintained through the proposed General Plan amendment. The concurrent General Plan amendment allows for developments of service retail uses. e.. The approval of such zone change is consistent with the proposed General Plan land use designation of "Service and Neighborhood Commercial." That proposed land use designation allows for service retail developments. The proposed retail ZACase Files\PP\2010\10-02 AAA PAD Service Station Car Wash\CC\CC Resos\CC ORD ZC Reso.doc Resolution No. Zone Change No. 10-01 January 18, 2011 - Page 3 designation allows for convenience retail uses. There are no specific plans that affect the property. NOW, THEREFORE, the City Council of the City of West Covina, California, does resolve as follows:. SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 10-01 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO. 2: Pursuant to the California Environmental Quality Act (CEQA) of 1970, the project is a General Exemption (Section 15061 (b) (3)) in that the proposed Specific Plan will not have a significant effect on the environment and any future development of the property would be in compliance with CEQA. SECTION NO. 3: The Planning Commission does hereby recommend to the City Council that it approve Zone Change No. 10-01, changing the zoning designation for subject property as, set forth on Exhibit A, and amending the Zoning Map of the City of West Covina. SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City Council for its attention in the manner prescribed by law. SECTION NO.5: The City Clerk shall certify to the passage of this Resolution. PASSED AND APPROVED on this 18`h day January, 2011. f ATTEST: Mayor 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 Resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 18th day of January, 2011. AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: City Clerk City Attorney Z:\Case Files\PP\2010\10-02 AAA PAD Service Station Car Wash\CC\CC Resos\CC ORD ZC Reso.doc ZONE CHANGE NO. 10-01 EXHIBIT A Indicates area proposed to be rezoned from "Open Space" (O-S) to "Service Commercial" (S-C)