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Ordinance - 2247ORDINANCE NO.2247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO VEHICLE SALES WHEREAS, vehicular dealerships (both new and used) are currently listed as an allowed use in the Municipal Code; WHEREAS, new vehicle dealerships are typically regulated by corporate standards of the automobile or other vehicle, manufacturers (including architecture and site design) and the majority of used vehicle dealerships do not have such corporate standards; WHEREAS, new vehicle dealerships generally have corporate standards on the maintenance and upkeep of their dealerships; WHEREAS, the vehicles on display at new vehicle dealerships are regularly maintained and kept in pristine condition; WHEREAS, new vehicle dealerships are concerned with the image of their products, as well as their reputation and branding, and are therefore constantly looking for opportunities to upgrade their site and service; WHEREAS, due to the high cost of new vehicles, new vehicle dealerships also have greater financial resources to upgrade and maintain the facilities and site. WHEREAS, the City has concerns regarding the operation and ongoing maintenance of used vehicle dealerships; WHEREAS, in the case of used vehicle sales there is a need for the City to be able to establish design, maintenance, and landscape standards as the dealerships are not independently regulated by a corporate organization; WHEREAS, there are greater issues of concern with used vehicle sales of unscrupulous sales, tactics, concerns with stolen or salvaged vehicles, and concerns with predatorylending practices and therefore it is appropriate for each used vehicle sales use be considered on an individual case -by -case basis; WHEREAS, the development of the properties under existing development standards and regulations will negatively impact the public health, safety, and welfare; WHEREAS, on March 12, 2013, the Planning Commission adopted Resolution No. 13- 5503 initiating Code Amendment No. 13-02 to consider amending the Municipal Code for automobile sales; WHEREAS, the Planning Commission, upon giving required notice, did on the 14t" day of May, 2013, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 13-5513 recommending to the City Council approval of Code Amendment No. 13-02. WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 4"' day of June, 2013; and WHEREAS, studies and investigations made by this Commission and in its behalf reveal the following facts: The Municipal Code currently includes Automobile Dealerships as a listed use in the Land Use Matrix. Ordinance No. 2247 Page 2 2. The Municipal Code allows "Automobile, motorcycle, auto or truck trailers, truck sales, new and used" in the "Regional Commercial" zone, "Service Commercial" zone; and the "Heavy Commercial" (C-3) zone. It is necessary to review the zoning standards to determine if the current standards are appropriate. The Municipal Code currently makes no distinction between new and used vehicle dealerships. It is appropriate to consider whether used vehicle dealerships should be allowed by right or a conditional use permit required. 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, by the City Council of the City of West Covina does ordain 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. 13-01 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. 13-02. 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. 13-02 to amend Chapter 26 (Zoning) of the West Covina Municipal Code to read 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. APPROVED AND ADOPTED on this 18th day of June 2013. ATTEST: Ci y Clerk Lawrie -Carrico Mayor Shelley Sanderson 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 4ch day of June 2013. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 18th day of June 2013, by the following vote: AYES: Herfert, McIntyre, Sotelo, Sykes, Sanders NOES: None A, ABSENT: None ABSTAIN: None 6�� City Clerk -Laurie Carrico. APPROVED AS TO FORM: v�," 1-k A.-- - Ci y Attorney2Gold Alvarez-Glasman Ordinance No. 2247 Page 3 Exhibit A CHAPTER 26 ZONING Article XI Section 26-597. Service, trade, cultural, public and private uses (except industrial and manufacturing). R Rl M M M M O N R S C2 C3 M IP P O A F8 F1 F2 F4 P C C C. 1 B S 5 0 5 Auto rentals c c c c c (outdoor display) *New x x x x Aautomobile, motorcycle, auto or truck trailers, truck sales, Rew and used, including accessory used vehicle sales, accessory servicing, repairs, and incidental auto rental (sales and display areas need not be within buildings, but all other provisions of this code shall apply) (outdoor display) *Used c c c c Automobile, motorcycle, auto or truck trailers, truck sales, new and used; including accessory servicing, repairs, and incidental auto rental (sales and display areas need not be within buildings, but all other provisions of this code shall apply) (outdoor display) Motor vehicle c c c c sales, new or used including any accessory services (Outdoor Display) Less than 1-Acre CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 4-24 7 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West. Covina City Clerk's Office (3rd floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) Susan Rush, Assistant City Clerk 4 Posted: 2�o(3