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Ordinance - 2026ORDINANCE NO. 2026 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFORNIA, APPROVING ZONE CHANGE NO.660. WHEREAS, there was filed with the City a verified application on the forms prescribed by the Planning Commission, a request for a zone change from: "Community Commercial- (C-C)" and "Office Professional (O-P)" to "Neighborhood Commercial (N-C)" (Exhibit 1) on that certain property generally described as: Assessor Parcel Nos. 8443-003-020, 021, and 022 as shown on the latest rolls of . the Los Angeles County Tax Assessor; and WHEREAS, said zone change is requested to provide consistency between the parcels comprising the site and between the General Plan and Zoning Map; and WHEREAS, said zone change, has also been requested to facilitate the development of a 16,200± square foot Rite Aid pharmacy with a drive -through facility; and WHEREAS, it is a stated goal of the Land Use Element of the General Plan "Provide for a range of non-residential uses that will ensure a strong economic base for the city."; and WHEREAS, the Land Use Element also provides that the City should "Arrange land uses with regard to the health, safety, convenience and welfare of the residents of the city"; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 27th day of October; 1998, conduct a duly advertised public hearing to consider the subject application for a zone change at which time the Planning Commission adopted Resolution No. 10-98-4527, recommending to the City Council approval of Zone Change No. 660; and WHEREAS, the City Council did, on the 17"' day of November, 1998, conduct a duly advertised public hearing as prescribed by to consider evidence presented by the Planning Commission, Planning Department, and other interested parties; and WHEREAS, studies and investigations made by the Planning Commission and in its behalf reveal the following facts: 1. The applicant is requesting approval of a zone change from "Community Commercial (C-C)" and "Office Professional (O-P)" to "Neighborhood Commercial (N-C)." 2. This zone change application is submitted in conjunction with a request for a precise plan to allow the construction of a 16,200± square foot commercial building with a drive through facility and a conditional use permit for the operation of a drive -through facility. 3. 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. C:\WINDOWS\TEMP\ritaidcczcord.doc 1°d/s1� /V/99 Rite Aid Zone Change No. 660 December 1, 1998 - Page 2 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. 5. An initial study prepared for the proposed project has disclosed that although the project could have a significant effect on the environment, there will not be a significant effect in this case because mitigation measures have been incorporated into the project's design and as conditions of approval. A negative Declaration of Environmental Impact has been prepared for the proposed project pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended; and WHEREAS, based on the evidence presented to the City Council, both oral and documentary, the City. Council finds as follows: l a. The subject property currently has three zoning designations, 702 N. Azusa .is zoned "Community Commercial (C-C)," 706 N. Azusa is zoned "Neighborhood Commercial (N-C)" and the vacant portion east of 702 is zoned "Office Professional (O-P)." The proposed zone change is intended to change the zoning on the entire site to N-C. The portion currently zoned C-C was changed from "Residential Agricultural (R-A)" to C-1 (the equivalent to N-C) in 1955. The zoning was changed to C-C in 1983 to accommodate a proposed auto upholstery business.. The zoning was necessary to accommodate the proposed use, which is not allowed in the N- C Zone. The adjacent vacant portion of the site was also rezoned in 1955 to "Restricted -Professional (R-P)." In 1968, the City established the "Office Professional (O-P)" Zone. All land included in the R-P Zone was transferred to the O-P zone. Two of the three sites were developed in the 1950's and 1960's and have resulted in an underutilized service station site (702 N. Azusa) and a vacant health equipment rental facility (706 N. Azusa). The third parcel was not developed. With the increasing intensity of commercial development along Azusa Avenue over the past three to four decades, zoning has been changed and sites redeveloped to maximize the use of properties. The proposed zone change is intended to facilitate the comprehensive development of the site with a neighborhood commercial use, intended to serve the local neighborhoods. The change of zone to "Neighborhood Commercial (N-C)" will allow for commercial use of the land while maintaining restrictions on incompatible uses with the single-family residences immediately east and south of the subject site. Further, the proposed zoning classification is consistent with other properties fronting along Azusa Avenue. b. The proposed change of zone will not adversely affect adjacent property as to value or precedent as the site currently has three zoning designations including "Neighborhood Commercial (N-C)," "Community Commercial (C-C)" and "Office Professional (O-P)." The proposed zone change will C:\WINDOWS\TEMP\ritaidcczcord.doc Rite Aid Zone Change No. 660 December 1, 1998 - Pajze 3 bring the zoning designation of the combined project site into conformity and complete the development of underutilized commercial land at the intersection of Azusa and Puente Avenues. The proposed change is not anticipated to set a precedent for further zone changes as the project will share a common easterly boundary with existing commercial development and multiple -family apartments currently fronting on Azusa Avenue. C. The proposed zone change will facilitate the development of a 16,200± square foot pharmacy with a drive -through. The proposed development will provide a valuable service to the community by establishing an additional alternative to fill prescriptions and to accommodate general shopping needs. The drive -through facility is intended to provide an added amenity to consumers and provide an opportunity to drop-off and pick-up prescriptions without exiting their vehicles. The proposed development has been designed based on the type of use, scale and intensity of use with careful consideration directed to the public health, safety, and general welfare of the residents within the subject neighborhood. Therefore the proposed zone change is in the furtherance of the public health, safety, and general welfare of the community. d. The proposed zone change is intended to facilitate the comprehensive development of three individual parcels with a single use. The General Plan Land . Use Designation for the entire site is "Service and Neighborhood Commercial". The` proposed zone change is intended to facilitate an orderly development pattern with a proposed development that has been designed with specific attention directed at addressing the relationship between the proposed project and the adjacent single-family residences. Therefore, the proposed zone change is consistent with the General Plan. In addition, the General Plan contains goals and policies that direct the course of development within the City with which the proposed project is consistent. e. The proposed zone change from "Community Commercial (C-C)" and "Office Professional (O-P)" to "Neighborhood Commercial (N-C)" is consistent with the established General Plan and West Covina Redevelopment Plan land use designation of "Service and Neighborhood Commercial." The proposed project will 1) increase the range of non- residential uses 2) be developed with regard to the health, safety, convenience and welfare of the residents of the city, 3) be compatible with adjacent residential areas, and 4) result in an upgrade of an underutilized NOW, THERFORE, 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, Zone Change No. 660 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO. 2: A Negative Declaration of Environmental Impact has been prepared in accordance with the California Environmental Quality Act of 1970, as amended. SECTION NO. 3: The City Council does hereby approve Zone Change No. 660, changing the zoning designation for the subject property as set forth on the Zoning Map of the City of West Covina from "Community Commercial (C-C)" and "Office Professional (O-P)" to "Neighborhood Commercial (N-C)" as depicted on Exhibit 1. C:\WINDOWS\TEMP\ritaidcczcord.doc • Rite Aid Zone Change No. 660 December 1, 1998 - Page 4 SECTION NO. 4: Ordinance. The City Clerk shall certify as to the passage of this PASSED AND APPROVED on this ls` day c ATTEST: 1 City Cler STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, 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 I" day of December 1998. AYES: Herfert, Howard, T60ey, Wong, Melendez NOES: None ABSENT: None DATE: December 1, 1998 APPROVED AS TO FORM: City Attorney City Clerk C:\WINDOWS\TEMP\ritaidcczcord.doc