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
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From: "General Commercial" (C-2)
To: "Service Commercial" (S-C)