Ordinance - 20580 R D I N A N C E N0.2058
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT
FOR PRECISE PLAN NO. 874 AND CONDITIONAL USE PERMIT NO. 545.
WHEREAS, there was filed with this City Council a verified application on forms
prescribed by the City Council, a request for a development agreement for a precise plan to allow
the construction of a 106,000± square foot retail commercial center with a 517-space surface
parking area and appurtenant improvements and a conditional use permit for a drive-thru bakery
style restaurant on that certain property generally described as:
Assessor's Parcel Number 8453-015-006, 024, 025, 026, 028, 029, and 900, in the
records of the Los Angeles County Assessor; and
WHEREAS, the Planning Commission upon giving the required notice did on the
9`h day of May, 2000, conduct a duly advertised public hearing as prescribed by law to consider a
request for a development agreement to allow the construction of a 106,000± square foot retail
commercial center with a 531-space surface parking area and appurtenant improvements; and
WHEREAS, on May 9, 2000, the Planning Commission adopted Resolution No. 05-00-
4606, recommending to the City Council certification of the Environmental Impact Report, and
Resolution No. 05-00-4607, recommending to the City Council approval of the Development
Agreement for Precise Plan No. 874; and
WHEREAS, the City Council did, on the 16" day of May, 2000, conduct a duly
advertised public hearing as prescribed by law to consider said Development Agreement for
Precise Plan No. 874, environmental documents, and considered evidence presented by the
Planning Commission, Planning Division, and other interested parties; and
WHEREAS, on May 16, 2000, the City Council adopted Resolution No. 2000-38
certifying the Final Environmental Impact Report, and continued the Development Agreement
for Precise Plan No. 874 to allow consideration with the Disposition and Development
Agreement; and
WHEREAS, the applicant has submitted a revision to the application for a development
agreement for a precise plan to allow the construction of a 106,000± square foot retail
commercial center with a 517-space surface parking area and appurtenant improvements, and a
conditional use permit for a drive-thru bakery style restaurant; and
WHEREAS, the Planning Commission upon giving the required notice did on the
30" day of May, 2000, conduct a duly advertised public hearing as prescribed by law to consider
a request for a development agreement to allow the construction of a 106,000± square foot retail
commercial center with a 517-space surface parking area and appurtenant improvements, and a
conditional use permit for a drive-thru bakery style restaurant; and
WHEREAS, on May 30, 2000, the Planning Commission adopted Resolution No. 05-00-
4619, recommending to the City Council approval of the revised Development Agreement for
Precise Plan No. 874 and Conditional Use Permit No. 545; and
WHEREAS, the City Council did, on the 20"' day of June, 2000, conduct a duly
advertised public hearing as prescribed by law to consider said revised Development Agreement
for Precise Plan No. 874 and Conditional Use Permit No. 545, environmental documents, and
considered evidence presented by the Planning Commission, Planning Division, and other
interested parties; and
WHEREAS, the proposed development agreement is consistent with the existing General
Plan Designation of "Regional Commercial;" and
WHEREAS, studies and investigations made by the City Council and in its behalf reveal
the following facts:
1. The applicant is requesting approval of a development agreement that approves the
form of the project and defines the applicable land use regulations while also
confirming the developer's ability to develop the site.
2. This development agreement is submitted in conjunction with a request for
approval of a precise plan, a conditional use permit, a lot line adjustment, and a
disposition and development agreement to allow for the establishment of a retail
commercial center.
3. The proposed development agreement is requested to facilitate the establishment
of the retail commercial center on the site. The proposed development agreement
is consistent with the General Plan and Redevelopment Plan land use designations
of "Regional Commercial" and the zoning designation of C-2, "Medium
Commercial."
4. Approval of the development agreement to facilitate the establishment of specific
criteria for the development of the retail commercial center will promote the goals
and policies of the General Plan and Redevelopment Plan by establishing a project
that promotes the health, safety, convenience, and welfare of the residents.
5. Approval of this requested development agreement and the associated precise plan,
conditional use permit, lot line adjustment and disposition and development
agreement will not be detrimental to adjacent properties.
6. The City Council has considered the addendum to the certified Environmental
Impact Report in the evaluation of this development agreement.
7. Findings necessary for approval of a development agreement are as follows:
a. The approval of such a development agreement is consistent with the
General Plan or applicable specific plans.
8. Pursuant to the requirements of the California Environmental Quality Act (CEQA)
of 1970, an addendum to ENVIRONMENTAL IMPACT REPORT has been
prepared indicating that although the project could have a significant effect on the
environment, there will not be a significant effect due to mitigating measures.
NOW, THEREFORE, the City Council of the City of West Covina, California, does
resolve as follows:
SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above
development agreement is hereby found to be consistent with the City's General Plan and
the land uses permitted within said zone classification.
SECTION NO. 2: An addendum to the Final Environmental Impact Report has been
prepared in accordance with the California Environmental Quality Act of 1970, as
amended, to account for minor changes in the project. The addendum concluded that no
new or substantially more significant impacts resulted from the minor change and that no
new or modified mitigation measures were required. The City Council considered the
addendum to the Final Environmental Impact Report in making its decision.
FA
SECTION NO. 3: The City Clerk shall certify to the passage of this Ordinance and shall
cause the same to be published as required by law.
PASSED AND APPROVED on this 5"' day of July, 2000.
�1
Iayor
ATTEST:
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 No. 2057 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 20"' day of June, 2000. That, thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the 5"' day of July, 2000.
AYES: Howard, Melendez, Wong
NOES: Herfert, Touhey
ABSENT: None
APPROVED AS TO FORM:
Interim City Attorney
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City ClerK