Ordinance - 2046ORDINANCE NO.2046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 667.
• ZONE CHANGE NO. 667
CATEGORICAL EXEMPTION
APPLICANT: City of West Covina
LOCATION: 305, 315, 333 and 345 N. Citrus Street
2525, 2529, and 2533 E. Workman Avenue
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:
"Medium Commercial" (C-2) to "Service Commercial" (S-C) (Exhibit 1)
on that certain property generally described as:
Assessor Parcel Nos. 8453-001-007, 010, 021, 047, 048, 049, 902, and 904 as
shown on the latest rolls of the Los Angeles County Tax Assessor; and
WHEREAS, consistent with this request, the applicant (City of West Covina) has
also requested a General Plan amendment from "Regional Commercial" to "Service and
Neighborhood Commercial;" and
WHEREAS, said zone change is requested to provide consistency between the
General Plan and Zoning Map; and
WHEREAS, it is a stated goal of the Land Use Element of the General Plan to
"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
23' day of November, 1999, conduct a duly advertised public hearing to consider the subject
application for a zone change, at which time the Planning Commission adopted Resolution
No. 11-99-4581, recommending to the City Council approval of Zone Change No. 667; and
WHEREAS, the City Council did, on the 7th day of December, 1999, conduct a
duly advertised public hearing as prescribed by law to consider evidence presented by the
Planning Commission, Planning Division, and other interested parties; and
WHEREAS, studies and investigations made by the City Council and the Planning
Commission and in their behalf reveal the following facts:
1. On July 13, 1999, the Planning Commission was addressed by the owner of
an auto body shop located at a "C-2" zoned property at 2525 E. Workman
Avenue (north of Workman Avenue and west of Citrus Street).
2. Under the "C-2" Zone, Precise Plan No. 543 was approved to allow the
easterly portion of the subject property to be used for an auto sales business
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Zone Change No. 667
January 4, 2000 - Page 2
as a primary use and an auto repair/auto body business as an accessory use to
the auto sales use.
3. The auto sales use is no longer in operation at the site, thereby posing an
issue concerning the continued operation of an auto repair and auto body
• business.
4. The property owner has expressed a desire to continue operating his auto
repair/auto body business at its present location while having the option to
recruit uses other than auto sales.
5. On July 13, 1999 the Planning Commission directed staff to evaluate
possible options to address this situation.
6. On July 27, 1999, the Planning Commission held a study session at which
time, the Planning Commission directed staff to initiate a general plan
amendment and zone change for the subject property from "Regional
Commercial' to "Service and Neighborhood Commercial' and a zone
change from "Medium Commercial' (C-2) to "Service Commercial' (S-C).
7. On August 10, 1999, the Planning Commission adopted Resolution No. 08-
99-4561 initiating an application for Zone Change No. 667 and General Plan
Amendment No. III-99-34.
8. The applicant (City of West Covina) is requesting approval of a zone change
from "Medium Commercial' (C-2) to "Service Commercial' (S-C).
9. 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 zone change is consistent with the General Plan
or applicable specific plans.
NOW, THERFORE, the City Council of the City of West Covina, California, does
hereby ordain as follows:
SECTION NO. l : Based on the evidence presented, both oral and documentary, the
City Council finds as follows:
• a. Several years ago, a majority of the existing auto service uses were allowed
with approval of a zone variance, which makes an exception to allow a use,
which would otherwise be a prohibited use under the zoning. Since the
time the use variances were granted, California State Planning, Zoning and
Development Law prohibits local jurisdictions from granting zone
.variances or use variances to allow prohibited uses. On June 27, 1996,
Precise Plan No. 543 was approved to allow the easterly portion of
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Zone Change No. 667
January 4. 2000 - Page 3
property at 2525 East Workman to be used for an auto sales business
(Enterprise Car Sales). To conform with the "C-2" zoning of the property,
the auto sales use was conditioned to be a primary use to be operated in
conjunction with the auto body repair use as an accessory use to the auto
sales use. Enterprise Car Sales is now no longer in operation at the site,
• which has posed an issue regarding the continued operation of the auto
repair and auto body business.
b. The proposed zone change from the "C-2" Zone to the "S-C" Zone will be
compatible with the existing commercial uses to the north, east and south
of the property, and will not adversely affect the single-family residential
properties to the west, as the proposed change in zoning will not allow uses
of a greater intensity than the service related commercial uses which are
currently located on the subject site. Further, no physical development is
proposed in conjunction with the proposed zone change.
C. The "S-C" Zone is an appropriate zoning designation that will serve to
make several existing legal non -conforming or grandfathered auto repair
uses conforming. It will further help achieve the City's goal to phase out
the obsolete "C-2" and "C-3" zoning designations.
d. The proposed zone change will not adversely affect the General Plan
adopted by'the City in that the proposal also involves a general plan
amendment to change the general plan designation from "Regional
Commercial" to "Service and Neighborhood Commercial." The proposed
"S-C" Zone will be consistent with the new general plan designation and
likewise the proposed general plan amendment is appropriate for the
established service related commercial land uses and future service related
commercial land uses.
e. The proposed zone change from the "Medium Commercial" (C-2) to the
"Service Commercial" (S-C) Zone is consistent with the proposed General
Plan land use designation of the site of "Service and Neighborhood
Commercial."
SECTION NO. 2: Based on the evidence presented, and the findings set forth,
Zone Change No. 667 is hereby found to be consistent with the City's General
Plan and the land uses permitted within said zone classification.
SECTION NO.3: The City Council does hereby approve Zone Change No.
667, changing the zoning designation for the subject property as set forth on the
Zoning Map of the City of West Covina from "Medium Commercial" (C-2) to
"Service Commercial" (S-C) as depicted on Exhibit 1, subject to the following
condition:
Zone Change No. 658 is contingent upon the approval of General
Plan Amendment No. III-99-34.
SECTION NO. 4: Pursuant to the California Environmental Quality Act
(CEQA) of 1970; the proposed zone change is considered to be categorically
exempt (Class 5, Minor Alterations to Land Use Limitations) in that it results in a
minor alteration to the current zoning designation in an area with an average slope
of less than 20 percent, and which does not result in any changes in the existing
commercial land use or density.
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•
•
SECTION NO. 5: The City. Clerk shall certify as to the passage of this
Ordinance.
PASSED AND APPROVED on this 4"' day of January, 2000.
Mayor
ATTEST:
City CIA
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
1, 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 4"' day of .January, 2000.
AYES: Herfert, Melendez, Touhey, Wong, Howard
NOES: None
ABSENT: None
APPROVED AS TO FORM:
0z"
City Attorn
City Cler c
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GPA 111-99-34, ZC 667
November 23. 1999 - P ze 7
•
City of Covina
Exhibit -1
Pr00, !age /
Zone Change: C-2 to S-C
' /I 1�%711///i Propose
General Plan Amendmel
Regional Commercial to
j
0 1-10 Freeway
City of Covina
NORTH
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