Ordinance - 2127ORDINANCE NO. 2127
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.04-04
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 add the "Outdoor Uses Overlay" Zone to the existing "Neighborhood
Commercial" (N-C) Zone
on that certain property generally described as follows:
Assessor Parcel No. 8475-002-032 & 34 and 8940-368-035, as shown on the latest rolls of
the Los Angeles County Tax 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 rezoning of the
above property for a Farmer's Market; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 9`h 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 04-4978 recommending ='
approval to the City Council; and
WHEREAS, the City Council did, on the 21" 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; and
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 to add the "Outdoor Uses
Overlay" Zone.
2. Approval of the zone change will allow for the operation of a Farmer's Market.
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.
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.
Ordinance No. 2127
Page 2 of 4
4. Pursuant to Section 15304 of the California Environmental Quality Act (CEQA),
the proposed project is considered to be categorically exempt (Class 4, Minor
Alteration to Land) in that it consists of minor alterations to an existing shopping
center; and
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as
• follows:
a. The parcel is currently zoned "Neighborhood Commercial" (N-C). The applicant is
requesting a zone change to add the "Outdoor Uses Overlay" Zone to allow a
Farmer's Market in the parking lot of the West Covina Parkway Plaza on Saturdays.
Without the requested zone change, the Farmer's Marker would not be allowed to
operate.
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
operation of a Farmer's Market on the subject property on Saturdays.
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, since the
approval of this zone change is consistent with the General Plan designation of
"Service and Neighborhood Commercial".
e. The approval of such zone change is consistent with the General Plan.
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. 04-04 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. 04-04 (Exhibit "A").
PASSED AND APPROVED on this 4t' day of January, 2005.
Mayor Michael L. Miller
ATTEST:
•
Depuiy City Clerk Susan Rush
Ordinance No. 2127
Page 3 of 4
•
I, SUSAN RUSH, DEPUTY CITY CLERK of the City of West Covina, California, 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 21s1 day of December, 2004. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 4`h day of
January, 2005, by the following vote:
AYES:
Herfert, Hernandez, Sanderson, Miller
NOES:
None
ABSENT:
Wong
ABSTAIN:
None
APPROVED AS TO FORM:
.44;0k-A9= -
City Attomey Arnold Alvarez-Glasman
Deputy City C1erf' Susan 1
•
ZONE CHANGE NO.04-04
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To add the "Outdoor Uses Overlay" Zone
to the existing "Neighborhood
Commercial" (N-C) Zone