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7/20/2021 - AGENDA ITEM 5 - INITIATION OF CODE AMENDMENT NO. 21-01 AND ZONE CHANGE NO. 21-01 - WEST COVINA AUTO PLAZA OVERLAY ZONE AND STANDARDSAGENDA ITEM NO.5 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: July 20, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: INITIATION OF CODE AMENDMENT NO. 21-01 AND ZONE CHANGE NO. 21-01- 1`A *I 011Y/ I `►KV.11y CI] MvIff:KIi" 71IWW41 I N:1 1 .11 IM11 RECOMMENDATION: It is recommended that the City Council adopt the following Resolution: RESOLUTION NO.2021-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 21-01 AND ZONE CHANGE NO. 21-01 TO CREATE AN OVERLAY ZONE FOR THE WEST COVINA AUTO PLAZA 17TSJIK"t GIOLVII On July 6, 2021, the City received a letter from Envision Motors on behalf of the Advisory Board of the West Covina Auto Plaza Business Improvement District (Auto Plaza BID) (Attachment No. 2), requesting the City to amend the West Covina Municipal Code and zoning designation for the Auto Plaza BID (Attachment No. 3) to create an overlay zone that would accomplish the following: • Allow only new car franchises to operate in the West Covina Auto Plaza • Require all properties to be brightly lit from sundown until 9:00 pm, and dim lighting to be used from 9:00 pm to sunrise • Prohibit professional filming/film-making except for filming conducted by a dealership for the advertising purpose of the said dealership • Allow the West Covina Auto Plaza BID to sell off -site digital readerboard advertising in order to use the proceeds to advertise the West Covina Auto Plaza businesses through other means (i.e. radio, digital readerboards located in other cities, social media, etc). As the West Covina Auto Plaza was created with the intention of establishing a specific area within the City for the sales of new vehicles for the City's economic development, staff believes that the request is reasonable with a modification to restrict the offsite advertising to new car dealerships within the City of West Covina. In addition, the request includes required lighting at all dealerships which could help deter crime in the Auto Plaza district. v2 DISCUSSION: If the City Council initiates the code amendment and zone change, the Auto Plaza BID Advisory Board will be directed to submit the required applications and pay associated application fees. A public hearing will then be scheduled to allow the Planning Commission to discuss the code amendment and zone change. Following a formal recommendation from the Planning Commission, the City Council will also be required to conduct a public hearing to take action. LEGAL REVIEW: The City Attorney's Office has reviewed the resolution and approved it as to form. OPTIONS: The City Council has the following options: 1. Initiate Code Amendment No. 21-01 and Zone Change 21-01 by adopting Resolution No. 21-01 as requested by the applicant with staffs' modification to restrict the offsite advertising to new car dealerships within the City of West Covina; or 2. Provide alternative direction; or 3. Receive and file the staff report thereby declining to initiate the code amendment and zone change. ENVIRONMENTAL REVIEW: 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 initiation, which does not have the potential for causing a significant effect on the environment. Prepared by: Jo -Anne Burns, Planning Manager Attachments Attachment No. 1 - Initiation of Code Amendment Attachment No. 2 - Request Letter Attachment No. 3 - Auto Plaza District Map CITY Achieve Fiscal Sustainability and Financial Stability COUNCIL Enhance the City Image and Effectiveness GOALS & Engage in Proactive Economic Development OBJECTIVES: 212 ATTACHMENT NO.1 RESOLUTION NO. 2021-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO.21-01 AND ZONE CHANGE NO.21-01 TO CREATE AN OVERLAY ZONE FOR THE WEST COVINA AUTO PLAZA WHEREAS, on July 20, 2021, the City Council considered the initiation of a code amendment and zone change related to creating the West Covina Auto Plaza Overlay Zone; and facts: WHEREAS, the studies and investigations made by the City Council reveal the following 1. The West Covina Auto Plaza was created with the intent to establish a specific area within the City for the sales of new vehicles in order to encourage economic development within the City. 2. The West Covina Auto Plaza is zoned as Service-Conxnercial (SC), which allows for a variety of land uses including adult care centers, alcoholic treatment institutions, ambulance service/yard, appliance repair shops, art galleries, art studios, gyms, auto rentals, used vehicle sales, service stations, auto repair garage, car wash, auto supply stores, bakeries, bail bond service, banks, beauty shops, billiard parlors, bowling alleys, lumber yards, churches, daycare centers, offices, mortuaries, hospitals, medical clinics, and other retaiVservice uses. 3. On July 6, 2021, the City Council received a letter requesting City Council initiation of a code amendment and zone change to create a West Covina Auto Plaza overlay zone in order to adopt specific standards for the West Covina Auto Plaza area to maintain its intended use. 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, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. In conformance with Section 26-153(a)(2) of the West Covina Municipal Code, the City Council does hereby initiate Code Amendment No. 21-01 and Zone Change No. 21- 01 related to the creation of the West Covina Auto Plaza Overlay Zone. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED on this 20th day of July, 2021. APPROVED AS TO FORM Thomas P. Duarte City Attorney Letty Lopez-Viado Mayor ATTEST Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2021-85 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 20th day of July 2021, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk ATTACHMENT NO. 2 QM ENV® Envision Motors 2010 E Garvey Ave. S West Covina, CA 91791 (626)859-1200 Attn: City Council City of West Covina Planning Division, Second Floor, Room 208 1444 West Garvey Avenue South West Covina, CA 91790 Re: Initiation of Overlay Zone Relating to West Covina Auto Plaza Dear Ms. Burns: On behalf of the Advisory Board of the West Covina Auto Plaza Business Association, we are hereby submitting a request for the creation of an overlay zone for the benefit of the West Covina Auto Plaza Business Association. We request the overlay zone include the following items: 1. Only new car franchises are permitted to operate in the West Covina Auto Plaza 2. All properties must be brightly lit from sundown until at least 9 pm each night, with dimmer lights to be used between 9 pm and sunrise. 3. The West Covina Auto Plaza Business Association shall be permitted to sell advertising space and time on the West Covina Auto Plaza electronic leaderboard, upon the terms and conditions agreed to by the West Covina Auto Plaza Business Association. 4. No professional filming or filmmaking is permitted in the West Covina Auto Plaza, except for filming conducted by a dealership for the purposes of advertising said dealership. Thank you again for your time and consideration. to contact me at (925) 596-1222. Reg/ , Patrick�lahmadie General Counsel Envision Motors If you have any questions, please feel free ATTACHMENT NO. 3 N d m v d d d N @ @ @ i ry O O W O W OJ M M Lo m <O N cp 6 N N 9 V V N O O O O O O? 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