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9/21/2021 - ITEM 9 - CONSIDERATION OF ZONE CHANGE NO. 21-01 AND CODE AMENDMENT NO. 21-01 (AUTO PLAZA OVERLAY ZONE)AGENDA ITEM NO. 9 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: September 21, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF ZONE CHANGE NO.21-01 AND CODE AMENDMENT NO.21- 01 (AUTO PLAZA OVERLAY ZONE) RECOMMENDATION: It is recommended that the City Council conduct the public hearing and then introduce, by title only, further reading waived, the following Ordinances: ORDINANCE NO. 2486 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING ZONE CHANGE NO. 21-01 CREATING THE AUTO PLAZA OVERLAY ZONE ORDINANCE 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 1:1_1101Kf1;IQ 0011�� On July 20, 2021, the City Council considered a request made by the West Covina Auto Plaza Business Improvement District (Auto Plaza BID) to create an Auto Plaza Overlay zone and adopted a Resolution of Intention to initiate the zone change and code amendment. Planning Commission Review Code Amendment No. 21-01 (CA 21-01) and Zone Change No. 21-01 (ZC 21-01) was properly noticed for and considered by the Planning Commission at its regular meeting on August 24, 2021. During the public hearing, the applicant (represented by the Advisory Board of the Auto Plaza BID President, Vice President, and Envision Motorsport legal counsel) expressed the benefit of establishing the Auto Plaza Overlay Zone and adopting development standards that would restrict use to new car dealerships and address safety concerns. Three members of the public spoke in opposition of the Code Amendment and Zone Change due to potential negative impacts on a proposed used car dealership and car rental services conditional use permit application submitted by Enterprise for one of the vacant sites within the Auto Plaza area. The Planning Commission voted 3-2 to continue the item to the September 14, 2021 Planning Commission meeting to allow the Auto Plaza property owners to privately discuss the issue amongst each other, to allow staff to report a timeline of the History of the West Covina Auto Plaza BID and Code Amendment/Zone Change. On August 25, 2021, the Chair called for a Special Meeting of the Planning Commission to discuss CA 21-01 and ZC 21-01 on September 8, 2021. At the September 8, 2021 Planning Commission Special Meeting, staff presented the Commission with information on the Auto Plaza BID history, the Auto Plaza Overlay Zone request timeline, the economic benefits of having maintain the West Covina Auto Plaza for new car dealerships only, survey of code standards from other cities with Auto Malls, and a list for permitted uses currently allowed in the West Covina Auto Plaza due to its Service -Commercial (S-C) zoning. The Planning Commission voted 4-1 to recommend City Council adoption of the Auto Plaza Overlay Zone Code Amendment and Zone Change. DISCUSSION: Zone Change: The West Covina Auto Plaza encompasses all Service -Commercial (S-C) zoned properties located south of the Interstate 10 Freeway, east of Azusa Avenue, north of Norma Avenue, west of Baymar Street. The West Covina Auto Plaza was initially created in the 1980's and had guidelines establishing the district for new car dealerships. The Auto Plaza BID was established in 1993 pursuant to the Parking and Business Improvement Law of 1989 to form the trade association amongst the new car dealerships to acquire the readerboard sign and promote the Auto Plaza. The S-C zoning designation for the properties within the Auto Plaza will not change. The proposed Zone Change will create an overlay zone, which is a zoning tool available for municipalities to create additional regulations superimposed on existing zoning in specified areas. If adopted, all properties located within the overlay zone are required to comply with both the overlay zone and the base zoning district standards/regulations. Code Amendment: The following is a summary of the proposed Ordinance as recommended by the Planning Commission: Section 26-280 (Chapter 26, Article VI, Division 6: Motion Picture Filming) • Cross-references Auto Plaza Overlay zone temporary use section which provides stricter filming regulations. Section 26-597 (Chapter 26, Article XI: Non -Residential Uses) • Clarifies that the Section does not apply to the Auto Plaza Overlay Zone and provides a cross-reference to the Auto Plaza Overlay Zone section so that individuals would be able to locate its permitted land - uses. Division 4 (Chapter 26, Article XIIn • New division (Division 4. Auto Plaza Overlay) is created under Article XIII (Overlay Zones) • Establishes the purpose of the Auto Plaza Overlay Zone • Describes the location of the Auto Plaza Overlay Zone (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. • Provides definitions of terms used • Indicates sales of new vehicles as the only permitted use with a list of complementary accessory uses • Limits temporary uses to filming for the purpose of advertising dealership on the site • Requires light standards/poles to be lit at night • Clarifies that provisions in Division 4 will prevail if conflicting standards exists GENERAL PLAN CONSISTENCY: The proposed Zone Change will not impact or change the "Commercial" General Plan land -use designation for the Auto Plaza area. The proposed Zone Change and Code Amendment is consistent with the following General Plan Policies and Actions: • Policy 2.1 - Maintain and enhance the City's current tax base o Action 2.1a - Continue to strengthen the City's retail base. A large portion of the City's sales tax base comes from automobile/vehicle sales. The proposed Zone Change and Code Amendment will re -enforce the intent of the Auto Plaza BID area and will ensure that the area will be maintained for new vehicle sales. • Policy 2.4 Build on and grow West Covina's regional appeal The proposed Zone Change and Code Amendment will ensure the maintenance of the Auto Plaza for new vehicle sales. Therefore, West Covina residents and residents of nearby communities would note its presence and would likely consider visiting the area when shopping for new vehicles. • Action 2.9b Brand and market West Covina The presence and maintenance of an Auto Plaza area within the City will improve West Covina's branding. West Covina will be a destination for individuals and/or businesses shopping for new vehicles. LEGAL REVIEW: The City Attorney's Office has reviewed the proposed ordinances and approved them as to form. OPTIONS: The City Council has the following options: 1. Approve and adopt the proposed ordinances per the Planning Commission's recommendation; or 2. Provide alternative direction ENVIRONMENTAL REVIEW: The code amendment and zone change are 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 development standards and the creation of an overlay zone that includes additional limitations on uses and standards that are currently allowed within the City, 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 - Ordinance No. 2486 Attachment No. 2 - Ordinance No. 2487 Attachment No. 3 - Auto Plaza Overlay Request Letter Attachment No. 4 - August 24, 2021 Planning Commission Staff Report Planning Commission Resolution Zone Change No. 21-01 Attachment No. 6 - Planning Commission Resolution Code Amendment No 21-01 CITY Achieve Fiscal Sustainability and Financial Stability COUNCIL Enhance the City Image and Effectiveness GOALS & Engage in Proactive Economic Development OBJECTIVES: ATTACHMENT NO.1 ORDINANCE NO. 2486 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA., ADOPTING ZONE CHANGE NO. 21-01 AND CREATING THE AUTO PLAZA OVERLAY ZONE WHEREAS, on July 20, 2021, the 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 WHEREAS, on July 20, 2021, the City Council adopted Resolution No. 2021-85 to formally initiate Zone Change No. 21-01 to create an Auto Plaza Overlay Zone; and WHEREAS, the Planning Commission, upon giving the required notice, on August 24, 2021 and September 8, 2021, conducted duly advertised public hearings to consider the zone change and gave all persons interested therein an opportunity to be heard, and voted to recommend the City CouncTs approval of the zone change; and WHEREAS, the City Council upon giving the required notice, did on September 21, 2021, conduct a duly noticed public hearing to consider the zone change application creating the Auto Plaza Overlay zone encompassing all Service -Commercial (S-C) zoned properties located south of the Interstate 10 Freeway, east of Azusa Avenue, north of Norma Avenue, and west of Baymar Street; and WHEREAS, studies and investigations made by the City Council and on its behalf reveal the following: 1. The properties located within the West Covina Auto Plaza are zoned as "Service -Commercial" (S-C). The existing base zoning will not change. 2. Approval of the zone change will create the Auto Plaza Overlay Zone. 3. The Auto Plaza Overlay Zone is necessary to maintain the West Covina Auto Plaza for the sales of new vehicles. 4. Pursuant to requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, the project General Exemption 15061(b)(3) which provides that CEQA only applies to activity that results in direct or reasonably foreseeable indirect physical change in the environment and for activity considered to be a project, respectively. The zone change would not result in physical change in the environment. The proposal does not involve any construction or additions to any existing structures. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Based on the evidence presented, Zone Change No. 21-01 is found to be consistent with the City's General Plan (as amended) and the land uses permitted within said zone classification. SECTION 2. The City Council does hereby approve Zone Change No. 21-01, 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 3. The City Clerk shall certify passage of this ordinance and shall cause the same to be published as required by law. SECTION 4. 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 day of 2021. 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 Ordinance No. 2486 was introduced at a regular meeting of the City Council held on the 21st day of September 2021, and adopted at a regular meeting of the City Council held on the day of , 2021, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk ' �� � ►r now Indicates the area the area zoned as "Service -Commercial" (S-C) included in the Auto Plaza Overlay zone. 1:11W1►:�- .I►I ► ► � a ORDINANCE 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 or provisions listed in Section 26-738(c)l., 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 Munic ipa 1 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, ahered 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 budding 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 budding. This section shall not apply to the Auto Plaza Overlay Zone located within the S-C zone. Pernvtted 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 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, properties located south of the Interstate 10 Freeway, north of Norma Avenue, west of Baymar Street, and east of Azusa Avenue. Sec. 26-737 DeFmitions. (a) "Automaker" shall mean a company that manufactures cars. (b) "Dealership" shall mean the same as`hew vehicle franchise dealership" (c) "New vehicle franchise dealership" shall mean a dealership selling new vehicles that has obtained yemrission and authority to sell vehicles as a direct agent of a major automaker. Sec. 26-738 Permitted Uses Permitted uses on anv lot or premises within the Auto Plaza. Overlav 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 adrainistrative functions are at all times conducted within an enclosed building. (b) Accessory uses 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 lirnited to no more than 30 percent of the total new vehicle inventory on the same site. b.0utdoor display of used vehicles is allowed provided that all administrative functions are at all tunes conducted within an enclosed bud• ding. 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 charging station 5. Vehicle rental services only to be made available to customers utilizing services offered by the dealership (c) Temporary uses 1. Filming a.Filnnine or flrnmakine on anv lot or premises shall be ]united to advertisement purposes promoting the dealership on the site. b.Filrning shall only be allowed on a lot or property occupied with a new vehicle dealership with an active business license. c.Fnhning shall comply with the provisions of Division 6 (Motion Picture Filming) ofArticle VI (Procedures, Hearings, Notices, Fees, and Cases) of Chapter 26 (Zoning). Sec. 26-739 Security Lighting Requirement lot/vehicle display light standards/poles shall automatically be switched to dinurr lighting between 9,00 p.m and sunrise. Sec. 26-740 Development Standards 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 day of , 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 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 day of , 2021, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAINED: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.3 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.4 AGENDA ITEM NO.3. DATE: August 24, 2021 PLANNING DEPARTMENT STAFF REPORT SUBJECT ZONE CHANGE NO.21-01 CODE AMENDMENT NO.21-01 GENERAL EXEMPTION REQUEST: The proposed code amendment consists of potential amendments to Chapter 26 (Zoning), Article MR (Overlay Zone), Section 26-597, and Section 26-280 of the West Covina Municipal Code pertaining to the creation of an Auto Plaza Overlay Zone (Service -Commercial (S-C) zoned properties located south of the Interstate 10 Freeway, east of Azusa Avenue, north of Norma Avenue, west of Baymar Street) and applicable development standards. BACKGROUND The Planning Division received correspondence written to the attention of the City Council from Envision Motorsport on behalf of the Advisory Board of the West Covina Auto Plaza Business Improvement District (Auto Plaza BID) (Attachment No. 3), requesting the City amend the West Covina Municipal Code and zoning designation for the Auto Plaza BID area to create an overlay zone that would accomplish the fallowing: • 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 (ie. radio, digital readerboards located in other cities, social media, etc). At the July 20, 2021 City Council Meeting, the City Council initiated Code Amendment No. 21-01 and Zone Change No. 21-01, and directed staff to draft an Ordinance addressing three of the four requested 'hems; the City Council was not in support of allowing off -site advertisement within the City. The City Council voted to only allow the advertising of off - site new car dealerships in the City of West Covina. DISCUSSION Zone Change The West Covina Auto Plaza BID encompasses all Service -Commercial (S-C) zoned properties located south of the Interstate 10 Freeway, east of Azusa Avenue, north of Norma Avenue, west of Baymar Street. Auto Plaza BID was initially created by the former Redevelopment Agency with the intention of establishing a specific area within the City for the sales of new vehicles for economic development purposes. The S-C zoning designation for the properties within the Auto Plaza BID will not change. The proposed Zone Change will create an overlay zone, which is a zoning tool available for municipalities to create additional regulations superimposed on existing zoning in specified areas. If adopted, all properties located within the overlay zone are required to comply with both the overlay zone and the base zoning district standards/regulations. Code Amendment The draft Ordinance provides the following changes to the West Covina Municipal Code: Section 26-280 (Chapter 26, Article VI, Division 6: Motion Picture Filming) • Cross-references Auto Plaza Overlay zone temporary use section which provides stricter filming regulations. Section 26-597 (Chapter 26, Article XI: Non -Residential Uses) • Clarifies that the Section does not apply to the Auto Plaza Overlay Zone and provides a cross-reference to the Auto Plaza Overlay Zone section so that individuals would be able to locate its permitted land -uses. Division 4 (Chapter 26, Article XIII) • New division (Division 4. Auto Plaza Overlay) is created under Article XIII (Overlay Zones) • Establishes the purpose of the Auto Plaza Overlay Zone • Describes the location of the Auto Plaza Overlay Zone (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. • Provides definitions of terms used • Indicates sales of new vehicles as the only permitted use with a list of complementary accessory uses • Limits temporary uses to filming for the purpose of advertising dealership on the site • Requires light standards/poles to be lit at night • Clarifies that provisions in Division 4 will prevail if conflicting standards exists GENERAL PLAN CONSISTENCY The proposed Zone Change will not impact or change the "Commercial" General Plan land -use designation for the West Covina Auto Plaza BID area. The proposed Zone Change and Code Amendment is consistent with the following General Plan Policies and Actions: • Policy 2.1 - Maintain and enhance the City's current tax base o Action 2.1a - Continue to strengthen the City's retail base. A large portion of the City's sales tax base comes from automobilefvehicle sales. The proposed Zone Change and Code Amendment will re -enforce the intent of the Auto Plaza BID area and will ensure that the area will be maintained for new vehicle sales. • Policy 2.4 Build on and grow WestCovina's regional appeal The proposed Zone Change and Code Amendment will ensure the maintenance ofthe Auto Plaza for new vehicle sales. Therefore, West Covina residents and residents of nearby communities would note its presence and would likely consider visiting the area when shopping for new vehicles. • Action 2.9b Brand and market West Covina The presence and maintenance of an Auto Plaza area within the City will improve West Covina's branding. West Covina will be a destination for individuals and/or businesses shopping for new vehicles. ENVIRONMENTAL DETERMINATION The code amendment and zone change are 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 development standards and the creation of an overlay zone that includes additional limitations on uses and standards that are currently allowed within the City, which does not have the potential for causing a significant effect on the environment. STAFF RECOMMENDATIONS Staff recommends that the Planning Commission adopt Resolutions Nos. 21-6091 and 21- 6092, recommending that the City Council approve Zone Change No. 21-01 and Code Amendment No. 21-01. Submitted by: Jo -Anne Bums, Planning Manager Attachments Attachment No. 1 - Zone Change Resolution Attachment No.2 - Code Amendment Resolution Attachment No. 3 - Letter from Envision on Behalf of Auto Plaza BID ATTACHMENT NO. 5 PLANNING COMMISSION RESOLUTION NO.21-6091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE NO. 21-01 CREATING THE AUTO PLAZA OVERLAY ZONE WHEREAS, on the 20th day of July 2021, the 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 WHEREAS, the City Council did, on the 20s' day of July 2021, adopt a Resolution to formally initiate Zone Change No. 21-01 to create an Auto Plaza Overlay Zone; and WHEREAS, the Planning Commission, upon giving the required notice, did on August 24, 2021 and September 8, 2021, conduct a duly advertised public hearing to consider the zone change; and WHEREAS, the studies and investigations made by the Planning Commission and in its behalf reveal the following facts: The properties located within the West Covina Auto Plaza are zoned as "Service - Commercial" (S-C). The existing base zoning will not change. 2. Approval of the zone change will create the Auto Plaza Overlay Zone. 3. The Auto Plaza Overlay Zone is necessary to maintain the West Covina Auto Plaza for the sales of new vehicles. WHEREAS, after conducting the public hearing and considering all oral and written evidence, the Planning Commission wishes to recommend that the City Council approve the zone change creating the Auto Plaza Overlay zone encompassing all Service - Commercial (S-C) zoned properties located south of the Interstate 10 Freeway, east of Azusa Avenue, north of Norma Avenue, and west of Baymar Street. NOW THEREFORE, the Planning Commission of the City of West Covina does hereby resolve as follows: SECTION 1: Based on evidence presented, Zone Change No. 21-01 is hereby found to be consistent with the City General Plan and implementation thereof. SECTION 2: The Planning Commission recommends the City Council approve Zone Change No. 21-01, 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 3: Pursuant to requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, the project General Exemption 15061(b)(3) which provides that CEQA only applies to activity that results in direct or reasonably foreseeable indirect physical change in the environment and for activity considered to be a project, respectively. The zone change would not result in physical change in the environment. The proposal does not involve any construction or additions to any existing structures. SECTION NO. 4: 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 and this Resolution shall go into force and effect upon its adoption. 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 8' day of September, 2021, by the following vote. AYES: Gutierrez, Lewis, Becerra, Heng NOES: Williams ABSTAIN: None ABSENT: None DATE: September 24, 2021 Yraan�ning Commission Paulin Morales, Secretary Planning Commission EXHIBIT A Indicates the area the area zoned as "Service -Commercial" (S-C) included in the Auto Plaza Overlay zone. a'lI I alkti akT[iwl PLANNING COMMISSION RESOLUTION NO. 21-6092 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CODE AMENDMENT NO. 21-01, CODE AMENDMENT RELATED TO THE AUTO PLAZA OVERLAY ZONE STANDARDS WHEREAS, on the 20th day of July 2021, the 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, the Planning Commission, upon giving the required notice, did on August 24, 2021 and September 8, 2021, conduct a duly advertised public hearing as prescribed by law. At the conclusion of the public hearing and after considering all oral and written evidence, the Planning Commission approved Planning Commission Resolution No. 21-6092, recommending that the City Council approve Code Amendment No. 21-01; and WHEREAS, studies and investigations made by this Commission and on its behalf reveal the following facts: The Auto Plaza Business Improvement District was created by the former West Covina Redevelopment Agency for the purpose of establishing a specific within the City for the sales of new vehicles to assist the City in economic development. 2. It is necessary to amend the municipal code to maintain the West Covina Auto Plaza for the sales of new vehicles. The proposed action is 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. The zone change would not result in physical change in the environment. The proposal does not involve any construction or additions to any existing structures. NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of West Covina as follows: SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO.2: Based on the evidence presented and the findings set forth, Code Amendment No. 21-01 is hereby found to be consistent with the West Covina General Plan and the implementation thereof, and that the public necessity, convenience, general welfare, and good zoning practices require Code Amendment No. 21-01. SECTION NO. 3: 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. 21-01 to amend Chapter 26 (Zoning) of the West Covina Municipal Code as shown on Exhibit "A." SECTION NO. 4: 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 and this Resolution shall go into force and effect upon its adoption. 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 81h day of September, 2021, by the following vote. AYES: Gutierrez, Lewis, Heng, Becerra NOES: Williams ABSTAIN: None ABSENT: None DATE: September 8, 2021 Planning Commission EXHIBIT A ORDINANCE NO. #M 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 a duly noticed public hearing 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 , 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 ORDAIN AS FOLLOWS: SECTION 1: Section 26-597 of Chapter 26, Article XI of the West Covina Municipal Code is hereby amended to read as follows with the accompanying land -use matrix/chart remaining unchanged: (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) 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: Subsection (a) of Section 26-280 of Chapter 26, Article VI, Division 6 of the West Covina Municipal Code is hereby amended to read as follows: Sec. 26-597. -Land uses (except industrial uses, or -manufacturing uses, or uses Ncithin 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: Chapter 26, Article XIII, Division 4 of the West Covina Municipal Code is hereby amended to read as follows: Chanter 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 puroose of this chapter, the following defmitions 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 maior automaker. Sec. 26-738 Permitted Uses Permitted uses on any lot or 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) Accessory uses 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 charging station 5. Vehicle rental services only to be made available to customers utilizing services offered by the dealership (c) Temporary uses 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. c. 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 Lighting 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 __ day of , 2021. APPROVED AS TO FORM Thomas P. Duarte City Attorney Letty Lopez-Viado Mayor ATTEST Lisa Sherrick Assistant City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Lisa Sherrick, Assistant City Clerk of the City of West Covina, do hereby certify the foregoing Ordinance, being Ordinance No. , was introduced at the , 2021 regular Council meeting and adopted at a regular meeting of the City Council on , 2021, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: Lisa Sherrick Assistant City Clerk