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Ordinance - 2165ORDINANCE NO. 2165 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 07-01 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 "Regional Commercial" (R-C) Zone on that certain property generally described as follows: Assessor Parcel No. 8475-003-018, 021, 051, 052, 061, 063, 073, 079, 918, 940, and 8474-007-030, 031, 032, 033, 035, 036, 037, 039, 040, 041, 928, 930, 932, 033, 944, 935, 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 "Regional 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 281h day of August, 2007, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted resolution 07-5241 recommending approval to the City Council; and WHEREAS, the City Council did, on the 181h day of September, 2007, 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 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, (0- 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. 2165 Page 2 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. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as • follows: a. The parcel is currently zoned "Regional Commercial" (R-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 Westfield West Covina mall on Tuesdays and Saturdays. The Municipal Code only allows Farmer's Markets in the "Outdoor Uses Overlay" Zone. 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 Tuesdays and 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 "Regional 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. 07-01 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 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. SECTION NO. 3: The Planning Commission does hereby recommend to the City Council that it approve Zone Change No. 07-01 (Exhibit "A"). PASSED AND APPROVED on this 2°a day of October, 2007. •M or Michael Touhey ATTEST: D City Clerk Vaufie.Carrico Ordinance No.2165 Page 3 • 0 I, 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 West Covina City Council on the 18`h day of September, 2007. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2"d day of October, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN Herfert, Hernandez, Lane, Sanderson, Touhey None None None APPROVED AS TO FORM: , A,4/ "Y4-- - ty Attorney Amold Alvarez-Glasman City Clerk La rie Carrico ; Ordinance No. 2165 Page 4 • �, 0 k 7�