City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt an Ordinance (Zoning Code Amendment,
ZCA P-2008115) amending Title 17, Zoning, of the Culver City Municipal Code,
Section 17.260.035, East Washington Boulevard Overlay (EW) Zone Table 2-11
(Allowed Uses), to allow car washes ancillary to vehicle fueling stations located east
of Ballona Creek, subject to approval of a Conditional Use Permit (Attachment 1).
BACKGROUND:
At the February 9, 2009 City Council meeting, the Council introduced the Ordinance
by a 5-0 vote. The item is brought back tonight for adoption.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of the Ordinance.
ATTACHMENTS:
1. Proposed Ordinance
MOTION:
That the City Council:
Meeting Date: 02/23/09 Item Number: C-7
AGENDA ITEM: Adoption of an Ordinance (Zoning Code Amendment, ZCA P-
2008115) Amending Title 17, Zoning, of the Culver City Municipal Code, Section
17.260.035 to Allow Car Washes as an Ancillary Use to Fueling Stations within a
Portion of the East Washington Boulevard Overlay (EW) Zone.
Contact Person/Dept.: Jose Mendivil,
Associate Planner
Phone Number: (310) 253-5757
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master Notification List (02/18/09)
Department Approval:
Sol Blumenfeld (02/16/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/18/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (02/18/09)
City Manager Approval:
Jerry B. Fulwood (02/18/09) City of Culver City, California
City Council Agenda Item Report
Adopt an Ordinance (Zoning Code Amendment, ZCA P-2008115) amending Title
17, Zoning, of the Culver City Municipal Code, Section 17.260.035, East
Washington Boulevard Overlay (EW) Zone Table 2-11 (Allowed Uses), to allow
car washes ancillary to vehicle fueling stations located east of Ballona Creek,
subject to approval of a Conditional Use Permit.
2/23/09
Adoption of an Ordinance Amending the Zoning Code to Allow Car Washes
as an Ancillary Use to Fueling Stations within a Portion of the East
Washington Boulevard Overlay (EW) Zone.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages
1. Ordinance No. amending Title 17, Zoning, of the Culver City Municipal
Code, Section 17.260.035, East Washington Boulevard Overlay (EW) Zone
Table 2-11 (Allowed Uses), to allow car washes ancillary to vehicle fueling
stations located east of Batlona Creek, subject to approval of a Conditional
Use Permit.
1 - 6Attachment No. *1
ORDINANCE NO. 2009-
AN ORDINANCE OF THE CITY OF CULVER CITY,
CALIFORNIA, AMENDING TITLE 17, ZONING, OF THE
CULVER CITY MUNICIPAL CODE (CCMC), SECTION
17.260_035 EAST WASHINGTON OVERLAY ZONE TABLE
2-11, ALLOWED USES, TO ALLOW CAR WASHES
ANCILLARY TO A VEHICLE FUELING STATION, SUBJECT
TO APPROVAL OF A CONDITIONAL USE PERMIT (CUP),
AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO.
(Zoning Code Amendment P-2008115)
WHEREAS, on August 18, 2008, AGC Design Concept on behalf of Arco
AM/PM filed an application for a Zoning Code Text Amendment to amend Section
17.260.035 of the Culver City Municipal Code (CCMC) to allow carwashes as an ancillary
use to fueling stations within the East Washington Boulevard Overlay (EVV) Zone subject to
approval of a Conditional Use Permit (CUP); and,
WHEREAS, on December 10, 2008, the Planning Commission conducted a
duly noticed public heating on Zoning Code Amendment, ZCA P-2008115, fully considering
all reports, studies, testimony, and environmental information presented; and determined by
a vote of 4 to 0 that Zoning Code Amendment, ZCA P-2008115, should be recommended to
the City Council for adoption; and,
WHEREAS, on December 10, 2008, in accordance with the California
Environmental Quality Act (CEQA), the Planning Commission determined that Zoning Code
Amendment, ZCA P-2008115, will not have significant impacts on the environment and
adopted a Negative Declaration; and,
WHEREAS, on February 9, 2009, the City Council conducted a duly noticed
public hearing on Zoning Code Amendment, ZCA P-2008115, fully considering all reports,
studies, testimony, and environmental information presented and determined by a vote of 5|1010101010101010 10
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to 0 that Zoning Code Amendment, ZCA P-2008115, shall be adopted as set forth herein
below.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY ORDAIN as follows:
SECTION 1. Pursuant to the foregoing and as outlined in CCMC Title 17,
Section 17.620.030 of the CCMC, the following findings for a Zoning Code (Text)
Amendment are hereby made:
1. The proposed amendment ensures and maintains internal consistency with
the goals, policies, and strategies of all elements of the General Plan and will
not create any inconsistencies with this title, in the case of a Zoning Code
amendment.
Zoning Code Amendment, ZCA P-2008115 ensures and maintains internal
consistency with the goals, policies, and strategies of all elements of the General
Plan and will not create any inconsistencies with this title because the EW Overlay
Zone is a Commercial Overlay Zone that allows varied commercial uses and
limited light manufacturing uses. The EW Zone allows similar vehicle related uses
as allowed in the other Commercial Zones. Car washes as part of fueling stations
are allowed with a CUP in the other Commercial Zones. This amendment would
make the EW Overlay Zone consistent with the other Commercial Zones as it
relates to this particular use. The proposed amendment is consistent with
Objective 6 of the General Plan Land Use Element which calls for economic
revitalization of the City's commercial corridors. There are no car wash operations
in the immediate area. This amendment is consistent with Policy 6.G of the
General Plan Land Use Element which encourages the introduction of
neighborhood serving commercial uses that serve nearby residential areas lacking
such services. Because the amendment requires the use be allowed only after
approval of a CUP, any requests for a car wash ancillary to a fueling station will
have to be reviewed for consistency with other General Plan elements of the City
and with this title; therefore ensuring said consistencies are maintained.
The proposed amendment would not be detrimental to the public interest,
health, safety, convenience or welfare of the City.
The Zoning Code Amendment will not be detrimental to the public interest, health,
safety, convenience or welfare of the City because the amendment will require that
a proposed car wash be subject to the same thorough review process as would
occur for a car wash in other Commercial Zones. This includes a California
Environmental Quality Act (CEQA) analysis, analysis of noise and traffic circulation
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28impacts, review of design compatibility with surrounding architecture, imposition of
conditions and mitigation measures to lessen impacts to surrounding areas, a
public hearing, and revocation of the CUP should violations of conditions occur
once the project is operational. This review process is meant to address impacts
that would otherwise be detrimental to the public interest, health, safety,
convenience or welfare of the City. Further, the limited scope of the amendment
as an ancillary use to fueling stations for only that portion of the EW Overlay Zone
east of Ballona Creek will lessen the potential for negative impacts to residential
areas because the far eastern portion of the EW Overlay Zone is currently
dominated by auto related manufacturing and commercial uses.
3. The proposed amendment is in compliance with the provisions of the
California Environmental Quality Act (CEQA).
Pursuant to CEQA guidelines a Negative Declaration has been prepared; the
proposed Zoning Code Text Amendment has been determined to have less than
significant impacts on the community. The proposed amendment is consistent with
the Zoning Code regulations, and the Initial Study determined that expected
impacts from future uses allowed with this amendment will be below thresholds of
significance provided mitigations are required, should such mitigations be identified
during the CEQA review at the project specific level.
SECTION 2. Pursuant to the foregoing recitations and findings, the City
Council of the City of Culver City, California, hereby adopts Zoning Code Amendment, ZCA
P-2008115, thereby amending the Culver City Municipal Code (CCMC), section 17260.035,
East Washington Overlay Zone Table 2-11, Allowed Uses, as set forth in Exhibit "A" attached
hereto and incorporated herein by reference.
SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance shall
take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621
of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City
Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City
News and shall post this Ordinance or a summary thereof in at least three places within the
City.
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28|1010|2SECTION 4. The City Council hereby declares that, if any provision, section,
subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason
of any preemptive legislation, then the City Council would have independently adopted the
remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this
ordinance and as such they shall remain in full force and effect.|109| APPROVED and ADOPTED this day of , 2009.|10 10
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ATTESTED BY:
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D. SCOTT MALSIN, Mayor
City of Culver City, California
APPROVED TO AS FORM:
17 MARTIN R. COLE, City Clerk AiROLS-CHWAB, City Attorney
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Page 4ORDINANCE NO. 2009-
EXHIBIT A
TABLE 2-11
Allowed Uses and Permit Requirements
for the East Washington Boulevard Overlay (-EW)
P Permitted Use
CUP Conditional Use Permit required
AUP Administrative Use Permit Required
- Use not allowed
LAND USE (1)
Permit
Requirement
See Specific
Use Regulations:
INDUSTRY, MANUFACTURING, & PROCESSING
Fabric products manufacturing, 5,000 sq.ft. or less AUP
Fabric products manufacturing, 5,001 to 10,000 sq.ft. CUP
Food and beverage manufacturing, 5,000 sq.ft. or less (2) AUP
Food and beverage manufacturing, 5,001 to 10,000 sq.ft (2) CUP
Furniture/fixtures manufacturing, 5,000 sq.ft. or less (3) AUP
Furniture/fixtures manufacturing, 5,001 to 10,000 sq.ft. (3) CUP
H.andcraft industries, 5,000 sq.ft. or less (3) AUP
Printing and publishing, 10 employees maximum P
Recycling facility - Incidental small collection AUP 17.400.090
Recycling facility- Large collection (4) CUP 17.400.090
Recycling facility - Small collection CUP 17.400.090
Second hand stores AUP
RECREATION, EDUCATION, & PU.BLIC ASSEMBLY
Clubs, lodges, and private meeting halls AUP
Health/fitness facilities
Indoor amusement/entertainment facilities AUP
Religious places of worship P
Private Schools (5) CUP
Public Schools P
Studios — Art, dance, music, photography, etc. P
Theaters P
RESIDENTIAL
Live/work units P 17.400.060
Mixed Use Project P 17.400.065
RETAIL TRADE
Auto and vehicle sales/rental (6)(7) P
Auto parts sales, retail P
Convenience stores (8) P
General retail stores (8) P
Internet cafe P
Notes:
(I) See Article 7 for definitions of the land uses listed.
(2) Includes packaging, processing, and wholesaling.
(3) Includes assembly, restoration, and wholesaling.
(4) Use only allowed on a site located a minimum of 300 ft from any residential zone.
(5)
AUP required for schools up to 1,500 sq.ft. in area.
(6) All business activities with no outdoor display, storage or repair areas permitted shall be conducted wholly within completely
enclosed buildings.
(7) Used vehicles sales and service shall only be allowed incidental to new vehicle sales.
(8) • For permit requirements related to the sale of Alcoholic Beverages, see Section 17.400.015.
Table continues on next pageORDINANCE NO. 2009-
EXHIBIT A
TABLE 2-11
Allowed Uses and Permit Requirements
for the Fast Washington Bold esard Oserlay (-LW)
P Pennitted Use
CUP Conditional Use Permit required
AUP Administrative Use Pemit Required
- Use not allowed
LAND USE(1)
Permit
Requirement
See Specific
Use Regulations:
RETAIL TRADE (continued)
Outdoor retail sales and display P 17.400.075
Pet shops P
Plant nurseries, retail P
Restaurants, counter service (2) P(3)
Restaurants, outdoor dining (2) AUP
Restaurants, table service (2) P
Second hand stores P
SFRVICE
Adult day care facilities CUP
I
Automated teller michines (ATMs) P 17.400.025
Banks and financial services P
Business and cons unrr support services P
Child day care centers CUP 17.400.035
Hotels and motels CUP
Medical services - Office/clinics (4) P
Medical s eivices -Labs (4) P
Medical services - Hospitals CUP
Mortuaries P
Offices P
Personal services, except psychic readers
Vehicle services - Fueling station P 17.400.120
Vehicle services - Car Wash (5) CUP
Vehicle services - Fueling, incidental repair CUP 17.400.120
Vehicle services - Impounding/storage AUP 17.400.125
Vehicle services - Maintenance/repair (6) CUP 17.400.125
Veterinary clinics and anitml hospitals (7) ALP 17.400.020
TRANSPORTATION & COMMUNICATIONS
Broadcast studios P
Parking facilities ALP
Pipelines and utility lines P
Telecommunications facilities, cellular|1010|AUP 17.400.110
Telecomnunications facilities, wireless antenna See Section 17.400.110 for permit requirements
Notes:
( I)
&e Article 7 for definitions of the land uses listed
(2)
For permit requirements related to the sale of Alcoholic Beverages see Section 17.400.015
(3)
If counter service restaurant is stand-alone, then a CUP is required.
(4) Excluding animal experimentation.
(5) Only allowed as ancillary to fueling stations that are located east of Ballona Creek.
(6) Use only allowed indoors.
(7)
Use only allowed on a site located a minimum of 200 feet from any residential zone.