Ordinance - 1821ORDINANCE NO. 1821
0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE
WEST COVINA MUNICIPAL CODE BY AMENDING THE
OFFICIAL ZONING MAP (Zone Change No. 624-
In-N-Out Burger, Incorporated)
WHEREAS, there was filed with the City of West Covina a
verified application on forms prescribed in Chapter 26, Article
VI, of the West Covina Municipal Code, for a change of zone
from:
"Open -Space (O-S) Freeway Corridor Overlay" to
"Neighborhood -Commercial (N-C)"
on that certain property generally described as follows:
Portions of Lots 95 and 96 of Tract 390, as per map
recorded in Book 17, Pages 38 and 39 of Maps, in the
Office of the Los Angeles County Recorder; and
WHEREAS, after considering the proposed request in a duly
advertised public hearing on June 21, 1989 and July 5, 1989, as
prescribed by law, the Planning Commission of the City of West
Covina recommended that the City Council approve said zone
change application; and
WHEREAS, the City Council of West Covina has considered
evidence presented by the applicant, the Planning Department,
the Planning Commission, and other interested parties at said
public hearing held on July 24, 1989 and September 11, 1989;
and
WHEREAS, the oral and documentary evidence considered in
connection with the application reveal the following facts:
1. The applicant is requesting approval of a zone change from
Open -Space (0-S) Freeway Corridor Overlay Zone to
Neighborhood -Commercial (N-C) Zone, on a 1.1 acre site at
the above location.
2. The requested zone change neccessitates the removal of the
Freeway Corridor Overlay Zone since N-C uses are
prohibited by the Overlay standards.
3. Unclassified Use Permit No. 387 was filed in conjunction
with and is contingent upon approval of this zone change
application.
4. Removal of the site from the Freeway Corridor Overlay Zone
is warranted in that the site is in close proximity to
other developments containing retail type uses. Also,
easements across the site render it virtually unusable for
Freeway Corridor Overlay type uses, such as residential or
office.
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Ordinance 1821
ZC/624 - In-N-Out Burger - Page 2 of 3
WHEREAS, based on the evidence presented to the City
Council both oral and documentary, the City Council finds as
follows:
1. Conditions have changed since the Freeway Corridor Overlay
• Zone was applied to the subject site. Commercial
development has occurred to the east and west of the site
having a similar nature of use as proposed for this
reclassification.
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2. Located adjacent to the freeway in an area containing
commercial development, the proposed change of zone to
Neighborhood -Commercial (N-C), will not adversely affect
adjoining property as to value or precedent and will not
be detrimental to the area.
3. A change of zone that allows compatible development of a
site that stood barren for ten years under its present
zoning, will be in the interest and furtherance of public
health, safety, and general welfare.
4. Approval of a zone change that allows uses of the
N-C Zone in an area designated on the General Plan as
service and neighborhood commercial, will not adversely
affect the General Plan so adopted by the City.
5. This use is consistent with the zoning, Eastland
Redevelopment Project Area Plan and the General Plan of
the City of West Covina and will not adversely affect
those plans or any other plans of the City or the adopted
plans of any other governmental agency.
NOW, THEREFORE, the City Council of the City of West
Covina, California, does ordain as follows:
SECTION NO. 1: Based on the evidence presented and the
findings set forth the above Zone Change No. 624 is hereby
approved as consistent with the City's General Plan and
appropriate for the proposed development concept and the land
uses permitted within said zone classification.
SECTION NO. 2: Section 26-135 of the West Covina
Municipal Code is hereby amended by amending the offical zoning
map of the City of West Covina as shown on the zoning map
amendment which is attached hereto and by this reference
incorporated herein.
SECTION NO. 3: A Negative Declaration of Environmental
Impact has been prepared in accordance with the California
Environmental Quality Act of 1970, as amended.
SECTION NO. 4: The City Clerk shall certify to the
passage of this Ordinance and shall cause the same to be
published as required by law.
063
Ordinance 1821
ZC/624 - In-N-Out Burger - Page 3 of 3
PASSED AND APPROVED this llth day of September, 1989.
•
Mayor
•
ATTEST:
City Clerk
COUNTY OF LOS ANGELES ) SS
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do
hereby certify that the foregoing Ordinance No.1821 was
regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the llth day of
September, 1989. That, thereafter, said Ordinance was duly
adopted and passed at a regular meeting of the City Council on
the 25th day of September, 1989, by the following vote, to wit:
AYES: Councilmembers: Tarozzi, McFadden, Lewis
NOES: Councilmembers: Manners, Bacon
ABSENT: Councilmembers: None
APPROVED AS TO FORM:
City Attorney '
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063
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City Clerk
ZONING MAP AMENDMENT
ZONE CHANGE NO. 6$L+
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INDICATES SITE OR AREA. RECLASSIFIED
FROM 0-5 jicwr•TO ZONE.
COR,o.L.
CERTIFICATION
I, JANET BERRY, City Clerk of the City of West Covina, State of
California, do hereby certify that a true and accurate copy of
Ordinance No. �_ was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
Janet Berry, City Cler
City of West Covina, California
DATED:-- /0 —,2 0 g' 1