Ordinance - 1998a
ORDINANCE NO. 1998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF
THE WEST COVINA MUNICIPAL CODE APPROVING ZONE
CHANGE NO. 654 TO APPLY THE OUTDOOR USES (O-U)
OVERLAY ZONE TO CERTAIN PROPERTIES.
OUTDOOR USES OVERLAY ZONE
ZONE CHANGE NO. 654
CATEGORICAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: 940 through 1200 East Lakes Drive
104 through 356 South Glendora Avenue
1240-1242 Dalewood Street
WHEREAS, the Planning Commission, on the 14" day of January, 1997,
approved Planning Commission Resolution No. 1-97-4398 authorizing the initiation
of Code Amendment No. 276 to create a overlay zone to allow outdoor dining,
outdoor retail display, and outdoor entertainment, and
WHEREAS, the Planning Commission held a study session on the 27th day
of February, 1997, where an area appropriate for such an overlay zone was
identified, and
WHEREAS, the Planning Commission held a second study session on the
25th day of March, 1997, where initiation of a zone change to apply this zone
change was considered and continued to the meeting of 8th day of April, 1997; and
WHEREAS, the Planning Commission, in conformance with Section 26-
153(a)(3) of the West Covina Municipal Code, adopted Planning Commission
Resolution No. 4-97-4426 on the 81h day of April, 1997, to initiate an application for
zone change to initiate an application for the reclassification from:
"Regional -Commercial (R-C)" and "Service -Commercial (S-C)",
respectively, to "Regional -Commercial (R-C), Outdoor Uses (O-U)"
and "Service -Commercial (S-C), Outdoor Uses (O-U)", respectively
(as shown on Exhibit No. 1)
on that certain property generally described as follows:
Assessor's Parcel No. 8474-011-026 through 8474-011-028 (940 through
1050 East Lakes Drive), 8474-011-930 through 8474-011-934 (1200 East
Lakes Drive), 8474-011-930 through 8474-011-934, 8476-008-010 and
8476-008-011 (114 through 126 South Glendora Avenue), 8476-008-013
and 8476-008-014 (104 South Glendora Avenue), 8476-009-034 through
8476-009-043 (136 through 212 South Glendora Avenue), 8476-009-900
through 8476-009-908, 8476-011-036 through 8476-011-044 (218 through
322 South Glendora Avenue), 8476-011-909, 8476-012-019 through 8476-
012-022 (328 through 356 South Glendora Avenue), and 8476-012-904,
in the records of the office of the Los Angeles County Assessor; State of
California
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Ordinance No.
Zone Change No. 654
Outdoor Use Overlay Zone
June 3, 1997 - Pape 2
WHEREAS, the proposed zone change is consistent with the existing
.General Plan Designation of "Regional Commercial' and "Service & Neighborhood
Commercial' and the Redevelopment Plan Designation of "Regional Commercial'
and "Service Commercial'; and
WHEREAS, said zone change application is required to implement the
so objectives of Code Amendment No. 276 to foster a high -activity, pedestrian -
oriented street environment within the overlay zone; and
WHEREAS, the Planning Commission, upon giving the required notice, did
on the 13th day of May, 1997, conduct a duly noticed public hearing to consider the
subject application for a zone change, at which time the Planning Commission
adopted Resolution No. 5-97-4433, recommending to the City Council approval of
Zone Change No. 654;
WHEREAS, the City Council did, on the 3rd day of June, 1997 conduct a
duly advertised public hearing as prescribed by law to consider evidence
presented by the Planning Commission, Planning Department, and other
interested parties; and
WHEREAS, studies and investigations made by the City Council and in its
behalf reveal the following facts:
1. Code Amendment No. 276 is a City -initiated project to amend certain
sections of the West Covina Municipal Code to establish an outdoor uses
(OU) overlay zone to allow outdoor uses, such as outdoor dining, outdoor
retail display, and outdoor entertainment, on private property, public
property, and public street rights -of -ways located within the zone.
2. In conjunction with the amendment, an application for Zone Change No.
654 has been filed by the City to apply the outdoor uses (OU) overlay zone
to the properties stated above.
3. The zone change will not affect the underlying zones of these properties,
"Regional -Commercial (R-C)" and "Service -Commercial (S-C)", nor affect
the types of indoor uses permitted in these zones.
4. Findings necessary for approval of a zone change are as follows:
a) There are changed conditions since the existing zoning became
effective to warrant other or additional zoning.
b) The proposed change of zone will not adversely affect adjoining
property as to value or precedent and will not be detrimental to the
area.
c) A change of zone will be in the interest or furtherance of the public
health, safety, and general welfare.
d) The approval of such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
e) The approval of such a zone change is consistent with the General
Plan or applicable specific plans.
Z:/CC/ORDI NJJ/Z654ORD. DOC
Ordinance No.
Zone Change No. 654
Outdoor Use Overlay Zone
June 3, 1997 - Page 3
5. The project is a Categorical Exemption, Class 5 (Section 15305: Minor
Alterations to Land Use Limitations), pursuant to the requirements of the
California Environmental Quality Act of 1970 (CEQA), since the project
involves areas with an average slope of less than 20% and does not result
in any changes in land use or density.
goWHEREAS, based on the evidence presented to the City Council, both oral
and documentary, the City Council finds as follows:
a) This zone change is necessary in order to reflect emerging trends in retail
marketing and planning practice not present when the existing zoning
became effective. The underlying zones of the subject area, "Regional -
Commercial (R-C)" and "Service -Commercial (S-C)", respectively, will
remain intact and the proposed ordinance will not affect what types of
indoor uses are permitted. The zone change will apply an overlay zone on
this area and add to the list of land use opportunities by allowing certain
uses to be conducted outside an enclosed building. Outdoor uses, such as
outdoor seating/dining, outdoor retail display, and outdoor entertainment,
have been found to foster a positive pedestrian -oriented environment. The
subject area is appropriate for the types of outdoor uses allowed by the
proposed overlay zone due to the location of a theater within its boundaries
and its distinct character due to the Glendora Avenue Streetscape Project.
b) This proposed overlay zone will not adversely affect adjoining properties as
to value or precedent and will not be detrimental to the area. The Planning
Commission or Planning Director is authorized to enforce design standards
for outdoor uses to maintain a consistent and high -quality level of design.
The types of outdoor uses permitted will be incidental in nature to the
overall area and therefore are not expected to negatively impact parking or
property values at the site. The zone allows for the establishment of
specific standards to mitigate potential negative impacts onto surrounding
areas. These include setbacks between outdoor uses, setbacks to
buildings, and limitations on noise and hours.
c) The proposed overlay zone will be in the interest or furtherance of the public
health, safety, and general welfare. The zone change will apply an overlay
zone upon the subject area to allow outdoor uses. These outdoor uses are
designed to foster a high -activity, pedestrian -oriented area that will provide
more entertainment and shopping opportunities for residents while
providing positive aesthetic appeal.
d) The proposed overlay zone will not adversely affect the General Plan since
the proposed outdoor uses will not alter the existing commercial nature of
the subject area authorized by the General Plan. The underlying zones of
the subject area, "Regional -Commercial (R-C)" and "Service -Commercial
(S-C)", respectively, will remain intact and the proposed ordinance will not
affect what types of indoor uses are permitted. The types of outdoor uses
allowed will be strictly incidental in nature and therefore will not present a
radical departure from the existing commercial uses at the site.
e) The zone change is consistent with the General Plan and the
Redevelopment Plan. Specifically, the zone change is consistent with the
land use designations of "Regional Commercial' and "Service Commercial",
respectively, stated in the General Plan and Redevelopment Plan.
Furthermore, the additional land uses allowed by the overlay zone are
commercial and incidental and therefore do not pose a radical departure
from what is authorized by these plans.
Z:/CC/ORDI NJJ/Z654ORD. DOC
Ordinance No. 1998
Zone Change No. 654
Outdoor Use Overlay Zone
June 3. 1997 -Page 4
NOW, THEREFORE, the City Council of the City of West Covina, California,
does hereby ordain as follows:
SECTION NO. 1: Based on the evidence presented, and the findings set
forth, the above Zone Change No. 654 is hereby found to be consistent with the
City's General Plan and the land uses permitted within said zone classification.
go
SECTION NO. 2: The City Council does hereby approve Zone Change No.
654 (Exhibit "A"), changing the zoning designation for the subject property as set
forth on the Zoning Map of the City of West Covina subject to the following
condition:
1. Zone Change No. 654 shall be effective upon the effective date of
Code Amendment No. 276 authorizing the creation of said overlay
zone.
SECTION NO. 3: The City Clerk shall certify as to the passage of this
Ordinance.
PASSED AND APPROVED on this 17 day of June, 1997.
ATTEST:
City rk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
Janet Berry, City Clerk of the City of West Covina, do hereby certify that
the foregoing Ordinance was duly adopted by the City Council of the City of West
Covina, California, at a regular meeting thereof held on the 17th day of June,
1997.
AYES: Howard, Melendez, Touhey
NOES: None
ABSENT: Herfert
ABSTAIN: Wong
City Clerk
GoAPPROVED AS TO FORM:
City orney
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ZONING MAP AMENDMENT
ZONE CHANGE NO.654
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® Indicates site or area reclassified.
From: R - C
To: R-C,O-U
Indicates site or area reclassified.
From: S - C
To: S-C, O-U
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CASE NO.: Zone Change No. 654
APPLICANT: City of West Covina
DATE: June 3, 1997
LOCATION: 940 through 1200 East Lakes Drive
104 through 356 South Glendora Avenue
1240-1242 Dalewood Street
A Will
Planning DWariment
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