10/05/2021 - ITEM 2 - CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2486 AND ORDINANCE NO. 2487 - ZONE CHANGE NO. 21-01 AND CODE AMENDMENT NO. 21-01 (AUTO PLAZA OVERLAY ZONE)AGENDA ITEM NO. 2
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: October 5, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO.
2486 AND ORDINANCE NO.2487 - ZONE CHANGE NO.21-01 AND CODE
AMENDMENT NO. 21-01 (AUTO PLAZA OVERLAY ZONE)
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It is recommended that the City Council adopt 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
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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 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.
City Council Review
Based upon the actions and recommendations of the Planning Commission, the City Council held a public
hearing and introduced Ordinances Nos. 2486 and 2487 at the September 21, 2021 City Council meeting.
DISCUSSION:
Ordinance No. 2486 is a Zone Change to create the Auto Plaza Overlay Zone. 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 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.
Ordinance No. 2486 is a code amendment to create development standards for the Auto Plaza Overlay Zone
and to cross-reference the Auto Plaza Overlay Zone in certain sections of the Zoning Code.
Both ordinances will take effect on the 3lst day after adoption, which is on or about November 5, 2021.
LEGAL REVIEW:
The City Attorney's Office has reviewed the ordinances and approved them as to form.
OPTIONS:
The City Council has the following options:
1. Conduct the second reading and adopt Ordinance Nos. 2486 and 2487; 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 (Zone Change)
Attachment No. 2 - Ordinance No. 2487 (Code Amendment)
CITY Achieve Fiscal Sustainability and Financial Stability
COUNCIL Enhance the City Image and Effectiveness
GOALS &
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 5ch day of October, 2021.
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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 5th day of October, 2021, by the following vote of the City
Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
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now
Indicates the area the area zoned as "Service -Commercial" (S-C) included in the Auto
Plaza Overlay zone.
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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 5th day of October, 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 5th day of October, 2021, by the fallowing vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk