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Ordinance - 2487ORDINANCE NO. 2487 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 21-01, RELATED TO THE AUTO PLAZA OVERLAY ZONE STANDARDS WHEREAS, on July 20, 2021, the City Council City Council considered a request made by the Advisory Board of the West Covina Auto Plaza Business Association to create an Auto Plaza Overlay zone and initiated a code amendment related to the Auto Plaza Overlay Zone standards; and WHEREAS, on August 24, 2021 and September 8, 2021, the Planning Commission conducted duly noticed public hearings as prescribed by law regarding proposed Code Amendment No. 21-01 and approved Planning Commission Resolution No. 21-6092, recommending that the City Council approve Code Amendment No. 21-01; and WHEREAS, on September 21, 2021, the City Council conducted a duly noticed public hearing as prescribed by law regarding this ordinance approving Code Amendment No. 21-01; and WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and determines that the ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment, and the zone change would not result in physical change in the environment and does not involve any construction or additions to any existing structures; and WHEREAS, the City Council has duly considered all information presented to it, including written staff reports and any testimony provided at the public hearing, with all testimony received being made a part of the public record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection (a) of Section 26-280 of Division 6 of Article VI of Chapter 26 of the West Covina Municipal Code is hereby amended to read as follows: (a) Purpose and applicability. This division establishes special regulations for filming within the city. Property in any zone, unless otherwise specified in filming guidelines pursuant to Section 26-280(d)stibseetio (d) below or provisions listed in Section 26-738(c)1., may be used as a location for filming, including without limitation filming of motion pictures, videotaping, or use of similar technology subject to approval of a film permit or major production permit pursuant to this article. SECTION 2. Section 26-597 of Article XI of Chapter 26 of the West Covina Municipal Code is hereby amended to read as follows with the accompanying land -use matrix/chart remaining unchanged: Sec. 26-597. -Land uses (except industrial uses, or —manufacturing uses, or uses within the Auto Plaza Overlay Zone) No building or improvement or portion thereof shall be erected, constructed, converted, established, altered or enlarged, nor shall any lot or premises be used except for one (1) or more of the following purposes. All such uses shall be within an enclosed building unless specifically stated otherwise. Uses specifically noted as "(Outdoor Display)" are allowed providing all functions other than display are at all times conducted within an enclosed building. This section shall not apply to the Auto Plaza Overlay Zone located within the S-C zone. Permitted uses within the Auto Plaza Overlay Zone are set forth in Section 26-738. * Indicates stated use is prohibited in the Civic Center Overlay Zone. x Indicates stated use is allowed by right. c Indicates stated use is allowed by conditional use permit. p Indicates stated use is allowed subject to administrative review and approval by the planning director. a Indicates stated use is allowed by administrative use permit. b Indicates stated use is allowed by adult oriented business permit. SECTION 3. Division 4 of Article XIII of Chapter 26 of the West Covina Municipal Code is hereby amended to read as follows: Chapter 26 (Zoning), Article XIII (Overlay Zones) DIVISION 4. AUTO PLAZA OVERLAY Sec. 26-735 Purpose. The purpose of the Auto Plaza Overlay Zone is to preserve the City's Auto Plaza area to accomplish the City's goal of maintaining an established area designed for new vehicle franchise dealerships in order to make its services more accessible to the public and to promote economic development within the City. Sec. 26-736 Location. The Auto Plaza Overlay Zone shall consist of Service -Commercial (S-C) zoned properties located south of the Interstate 10 Freeway, north of Norma Avenue, west of Baymar Street, and east of Azusa Avenue. Sec. 26-737 Definitions. For the purpose of this chapter, the following definitions shall apply: (a) "Automaker" shall mean a company that manufactures cars. (b) "Dealership" shall mean the same as "new vehicle franchise dealership" (c) "New vehicle franchise dealership" shall mean a dealership selling new vehicles that has obtained permission and authority to sell vehicles as a direct agent of a major automaker. Sec. 26-738 Permitted Uses Permitted uses on an lot of of premises within the Auto Plaza Overlay Zone shall be limited to the following: (a) The sales of new vehicles operated by a new vehicle franchise dealership or directly by the automaker 1. Sales of new vehicles with outdoor display is allowed provided that all administrative functions are at all times conducted within an enclosed building. (b) Accessoruses 1. The sales of used vehicles operated by the same franchise dealership or automaker operating the primary use. a.Used vehicle inventory on the site shall be limited to no more than 30 percent of the total new vehicle inventory on the same site. b.Outdoor display of used vehicles is allowed provided that all administrative functions are at all times conducted within an enclosed building. 2. Vehicle service shop for maintenance and repair 3. Car wash a.The car wash shall only be used to clean the dealership's vehicle inventory and/or to clean vehicles receiving maintenance or repair services. b.The car wash shall not be made available for public use. 4. Electric vehicle chargingstation 5. Vehicle rental services only to be made available to customers utilizing services offered by the dealership (c) Temporary uses 1. Filming a.Filming or filmmaking on any lot or premises shall be limited to advertisement purposes promoting the dealership on the site b.Filming shall only be allowed on a lot or property occupied with a new vehicle dealership with an active business license. e.Filming shall comply with the provisions of Division 6 (Motion Picture Filming) of Article VI (Procedures Hearings, Notices, Fees, and Cases) of Chapter 26 Zoning). Sec. 26-739 Security Liehting Requirement All properties located within the Auto Plaza Overlay Zone shall have all its parking lot/vehicle display light standards/poles brightly lit from sunset until 9:00 p.m. Parking lot/vehicle display light standards/poles shall automatically be switched to dimmer lighting between 9:00 p.m. and sunrise. Sec. 26-740 Development Standards Any proposed development and/or construction within the Auto Plaza Overlay Zone shall comply with the development standards set forth in Division 3 (Development Standards) of Article X (Nonresidential Uses) of Chapter 26 (Zoning) The provisions set forth in this Division (Division 4 Auto Plaza Overlay) shall prevail if any conflicting standards exist. SECTION 4. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. SECTION 5. This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. PASSED, APPROVED AND ADOPTED this 51h day of October, 2021. APPROV AS TO FORM 41 /W ) Thomas P. arte City Attorney ATTEST for: Lisa Shei ek Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2487 was introduced at a regular meeting of the City Council held on the 21 st day of September 2021, and adopted at a regular meeting of the City Council held on the 5th day of October, 2021, by the following vote of the City Council: AYES: Castellanos, Diaz, Lopez-Viado, Wu NOES: Tabatabai ABSENT: None ABSTAIN: None Lisa Sherrlck Assistant City Clerk