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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)