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Ordinance - 2110ORDINANCE NO. 2110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 03-03 WHEREAS, there was filed with the City a verified application on the forms prescribed in • Section 26-153 and 26-199 of the West Covina Municipal Code: "Open Space" (O-S) to "Neighborhood Commercial" (N-C): on that certain property generally described as follows: Assessor's Parcel Number 8453-023-019, and 8453-023-020 in the records of the Los Angeles County Assessor; and WHEREAS, the proposed zone change is consistent with the proposed General Plan Designation of "Service and Neighborhood Commercial"; and WHEREAS, the proposed zone change maintains consistency between the General Plan and Zoning Map; and WHEREAS, said zone change application is requested to allow for the development of an office building on vacant land; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 1"" day of January, 2004, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted resolution 04-4910 recommending approval to the City Council; and WHEREAS, the City Council did, on the 3`d day of February, 2004, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Division, and other interested parties. WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: The applicant is requesting approval of a zone change to construct an 8,850-square foot, two-story commercial building on a vacant 25,000-square foot site. Additionally, 43 parking spaces and associated landscaping are proposed. The project site consists of a predominantly flat pad with slopes along the western and northern property lines. The property is approximately 13 feet higher from the public right-of-way along the northern property line adjacent to Garvey Avenue and approximately 18 feet higher along the public right-of-way along the western property line adjacent to Hollenbeck Avenue. The site is undeveloped and graded. The project will involve site preparation activities, limited grading, and the construction of the proposed building and associated infrastructure. The property is currently zoned "Open Space" (O-S), and is proposed to be rezoned as "Neighborhood Commercial" (N-C). 2. Approval of the zone change will allow the applicant to construct an office building on a vacant lot that is currently zoned for open space and recreational uses. • 3. Findings necessary for approval of zone change are as follows: a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. Ordinance No. 2110 Page 2 of 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. The project is a Categorical Exemption, Class 3 (Section 15303: New Construction or Conversion of Small Structures) pursuant to the requirements of the California Environmental Quality Act of 1970 (CEQA) since the project involves the placement of an 8,850-square foot two-story office building. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The proposed zone change would allow for the construction of the proposed office building on a currently vacant lot b. The proposed zone change will not adversely affect adjoining property value and will not be detrimental to the area because the modification will allow for the construction of an office building. Furthermore, surrounding uses are currently office or commercial buildings and the subject property is adjacent to the San Bernardino Freeway. C. The proposed zone change is compatible with the surrounding area in that the lot is located in an area with other commercial and office uses. d. The proposed zone change will not adversely affect the General Plan as consistency between the General Plan and the Zoning Map will be maintained, as the General Plan is not proposing to be changed. Further the zone change will result in improvements to the subject property, which is currently vacant and undeveloped. e. The approval of such zone change is consistent with the General Plan designation of "Service and Neighborhood Commercial," since the neighboring properties are also designated as "Service and Neighborhood Commercial' and developed with office and commercial uses. 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. 03-03 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO. 2: Pursuant to the California Environmental Quality Act (CEQA) of 1970, the project is a Categorical Exemption, Class 3 (Section 15303: New Construction or Conversion of Small Structures) pursuant to the requirements of the California Environmental Quality Act of 1970 (CEQA) since the project involves the placement of an 8,850-square foot two-story office building. Ordinance No. 2110 Page 3 of 3 SECTION NO. 3: The City Council does hereby approve Zone Change No. 03-03 (Exhibit "A") changing the zoning designation of said property from "Open Space" to "Neighborhood Commercial." SECTION NO. 4: The City Clerk shall certify as to the passage of this Ordinance and shall cause same to be published as required by law. PASSED AND APPROVED on this 17"' day of February 2004. ATTEST: City Clerk Janet Berry I, JANET BERRY,'CITY CLERK of the City of West Covina, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 3`d day of February 2004. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 17`r' day of February, 2004. AYES: Hernandez, Miller, Sanderson, Wong, Herfert NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: 4k& 147_PJ.7_ City Attorny Arn ld Alvarez-Glasman • City Clerk Janet Berry/1 ZONE CHANGE NO. 03-0.3- EXHIBIT A RM 211�5 ixtc vn:' p 1 d ` H Su n i e 124 138 1 r v. 5: m tL' W � 47T. iA43L d43,; n433s t423�r r k1 ty' „tarvus' �, ��� 2 w f`C i- ai'"$e i"^'h. 211D dk i; i29 2135 .�ry 1s45 T. WMIAM r�t WOODSY wLw b' J "=a "' - 47$ A4$ A4pi ASil 442'12 A2�1'�v414 c" ,—••sv.%�, y,.. 1p4? 2i71L x;LL k,t" 'S o3 t 'L a'': e ttx �Tt "�':.,E'",ffi `� .�'c°L «"'reC.i'".w.'"�."" 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