Ordinance - 2136ORDINANCE NO. 2136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 04-06
WHEREAS, there was filed with the City a verified application on the forms prescribed
• in Section 26-153 and 26-199 ofthe West Covina Municipal Code to
rezone property from "Office Professional' (O-P) to "Neighborhood Commercial' (N-C)
on that certain property generally described as follows:
1401 and 1435 W. Merced Avenue (Northwest corner of Glendora Avenue and Merced
Avenue); and
WHEREAS, the proposed zone change is consistent with the existing 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, the Planning Commission, upon giving the required notice, did on the 261h
day of April, 2005, conduct a duly noticed public hearing to consider the subject application for a
Zone Change, at which time the Planning Commission adopted Resolution No. 05-5009
recommending approval to the City Council; and
WHEREAS, the City Council did, on the 17'h day of May, 2005, 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 from "Office
Professional' (O-P) to "Neighborhood Commercial' (N-C).
2. The proposed zone change would allow the construction of a retail center.
3. Findings necessary for approval of a 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.
C. The approval of such a zone change is consistent with the General Plan or
applicable specific plans.
is4. Pursuant to requirements of the California Environmental Quality Act (CEQA) of
1970, this project is a Categorical Exemption, Class 3 (Section 15303: New
Construction or Conversion of Small Structures), since the project is a request that
consists of net construction of less than 10,000 square feet.
Ordinance No. 2136
June 7, 2005
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as
follows:
a. The property proposed to be rezoned as "Office Professional" (O-P). This zoning
classification was designed for office buildings and limited retail uses. The site is
currently a parking lot that is a part of the existing Elks Lodge site. The Elks
• Lodge site is being reconfigured to utilize less parking that would allow for this
portion of the site to be combined with another parcel to allow for the
development of a drive -through pharmacy and dental building. In order to
construct and build the private commercial development, a zone change to a
commercial use is required. As a result, the applicant is requesting a zone change
to "Neighborhood Commercial" (N-C), which does allow for a wide variety of
commercial and office uses.
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 a retail center underdeveloped parking lot. The proposed drive -
through pharmacy and dental office is, compatible with the surrounding
commercial developments and land uses.
C. The proposed zone change is compatible with the surrounding area and 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 by
since no changes to the current General Plan designation of "Service and
Neighborhood Commercial" is proposed.
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, Zone
Change No. 04-06 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 requirements of the California Environmental Quality Act
(CEQA) of 1970, this project is a Categorical Exemption, Class 3 (Section 15303: New
Construction or Conversion of Small Structures), since the project is a request that consists of net
construction of less than 10,000 square feet.
SECTION NO. 3: The City Council does hereby approve Zone Change No. 04-06
(Exhibit "A") changing the zoning designation of said property from "Office Professional" (O-P)
to "Neighborhood Commercial" (N-C).
SECTION NO. 4: The City Clerk shall certify as to the passage of this Ordinance and
shall cause the same to be published as required by law.
PASSED AND APPROVED on this 7`h DAY OF JUNE, 2005
_------'Mayor Shelley Sanderson
Al
C��YJ�t/YJ GLK%/
City derk Lalirie Carrico
2
Ordinance No.2136
June 7, 2005
1, LAURIE CARRICO, 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 17`h day of May 2005. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 7`h day of June
•2005, by the following vote:
AYES: Herfert, Hernandez, Miller, Wong, Sanderson
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk Lhurie Carrico
APPROVED AS TO FORM:
City Attomey Arnold Al arez-Glasman
•
0
ZONE CHANGE NO.04-06
EXHIBIT A
Indicates area proposed to be rezoned from
"Office -Professional" (O-P) to "Neighborhood -Commercial" (N-C)