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Ordinance - 2126ORDINANCE NO.2126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.04-05 • 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: a proposal to rezone the property from "General Commercial" (C-2) to "Service Commercial" (S-C). on that certain property generally described as follows: Assessor's Parcel Numbers 8453-015-(025, 026, 900 and 901) and 8453-016-023 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 auto dealership; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 23rd day of November, 2004, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted resolution 04-4982 recommending approval to the City Council; and WHEREAS, the City Council did, on the 71h day of December, 2004, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The applicant is proposing to rezone the subject property "General Commercial" (C- 2) to "Service Commercial" (S-C). 2. The project is consistent with the General Plan land use designation of "Regional Commercial." 3. The proposed zone change would allow the construction of an auto dealership. 4. 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. 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. Ordinance No. 2126 Zone Change No. 04-05 December 21,2004 - Page 2 of 4 e. The approval of such a zone change is consistent with the General Plan or applicable specific plans. 5. Pursuant to the California Environmental Quality Act (CEQA) of 1970, the project is a General Exemption (Section 15061 (b) (3)) in that the proposed Specific Plan • will not have a significant effect on the environment and any future development of the property would be in compliance with CEQA. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The parcel is currently zoned as "General CommerciaP' (C-2). The Municipal Code defines this zoning classification as "antiquated" and no expansion of the C-2 zone are recommended. Furthermore, auto dealerships are not an allowed use in the C-2 zone. As a result, the applicant is requesting a zone change to "Service Commercial" (S-C), which does allow for auto dealerships. 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 auto dealership and the reconstruction of an existing retail center where current uses include retail, auto repair, and a vacant theater building. C. The proposed zone change is compatible with the surrounding area will not adversely affect the public health, safety or general welfare of the surrounding neighborhood. 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. e. The approval of such zone change is consistent with General Plan as amended. 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. 04-05 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 General Exemption (Section 15061 (b) (3)) in that the proposed Specific Plan will not have a significant effect on the environment and any future development of the property would be in compliance with CEQA. SECTION NO. 3: The Planning Commission does hereby recommend to the City Council that it approval of Zone Change No. 04-05 (Exhibit "A"). PASSED AND APPROVED on this 2151 day of December, 2004. Mayor Michael L. Miller ATTEST: Deputy City Clerk Sue Rush Ordinance No. 2126 Zone Change No.04-05 December 21,2004 - Page 3 of 4 I, SUE RUSH, DEPUTY CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2126 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7t' day of December, 2004,. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 21" day of December, 2004, by the following vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: Crty Attorney Amo d Alvarez-Glasman r: City Clerk Sue Page 4 of 4 0 ZONE CHANGE NO.04-05 EXHIBIT A a tr *} r r i0 .? TDM1 703.. 7D2 S '1;33' �"+'d 77,,S 7D8 `% a'. € ,..� a *+ } E' 772.s filth'. 'y7t0,n „"7(1,�' 71n rc s 1Qb} }Y 29 G$ g+'• 33 tt di 7120 314 r; k71i1 r37far 718:' t 3Afi STAST 7s8° 733- 734 rt 735. ?3M1 t ,., t r k tY 1728 e�7-0d.h 7+q 744 743 f Wt a 78D i fd7S s ° 770z a768'.t % 7d8�,[ a33391723 2Yt4, f,.1,14iD3�W ; r.,78D.; ,x77Pxy, yRf x3J �'233 *2D9F- � a" r 't3Dh � F� ?� W WQRKMAN ` 278i` 81 idr ?81D +BDg if t r o 2A4� f 1823r $24 c 8xD : 56M1 'Sub BCt Pf s r933' !483x'��"`833',, 840` 84k;+576A7 4c$43 I� Y3Ddy �" ,a fl1 8d3 ,4f8d4 8d1. RAO 71 878, .`i Y $777 4 878 �t 791 f: AN LN (E8 DR--]i ri d s E 1 F' t E MAitDi 233a ,rye 1 � 3 Y d �, a a13 41�rx4<3 aca �. S v r a�, 3D6 f E-y �8 x44Ux n3D+ 231ir "23x1 * �'`„� �r 2640' L �� R2r (ter n12a ueh; 1f EA 122'1 z123' Ui2D 5 �123' f v a �%` k 31 } 4 131'ga2 tt28 fa• zr � 1 p�/ . '30 r3D ; ra3 as 39 MA AVE From: "General Commercial" (C-2) To: "Service Commercial" (S-C)