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Ordinance - 2167ORDINANCE NO. 2167 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.06-06 ZONE CHANGE NO. 06-06 CATEGORICAL EXEMPTION APPLICANT: Hector Sanchez LOCATION: 928 South Glendora Avenue WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Single -Family Residential" (R-1), Area District II to "Service Commercial' (S-C) on that certain property generally described as follows: Assessor Parcel No. 8487-017-025 in the records of the Los Angeles County Assessor; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment from "Low -Medium Residential' to "Service and Neighborhood Commercial'; and WHEREAS, the proposed zone change is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, said zone change application is requested to allow for the development to used automobile dealership; and WHEREAS, a precise plan for the site plan and architecture has been submitted for the development of the project; and WHEREAS, a conditional use permit for the operation of a used automobile dealership has been submitted; and WHEREAS, a variance has been submitted to deviate from various zoning regulations including rear yard setback requirements; and WHEREAS, it is a stated policy of the Land Use Element of the General Plan to provide for a range of non-residential uses that will ensure a strong economic base for the City; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 91h day of October, 2007, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 07-5246 recommending approval to the City Council; and WHEREAS, the City Council did, on the 20th day of November, 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; and WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The applicant is requesting the approval of a design to construct an automobile dealership including a 528-square foot office building. 2. The project consists of a zone change requesting to change the zone from "Single - Family Residential' (R-1) to "Service Commercial' (S-C). 3. Findings necessary for approval of a zone change are as follows: Ordinance No.2167 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, 4. Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt (15303 Class 3, New Construction of Small Structures) in that it consists of an office building for the purpose of used auto sales that is less than 10,000 square feet. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The proposed zone change facilitates the development of an automobile dealership and will be compatible with other commercial uses along Glendora Avenue and will result in providing additional retail opportunities to the regional area. The existing zoning restricts the property for automobile sales. The subject property is located on a Principle Arterial. The site is surrounded by residential to the north and east, general office uses to the west, and an auto service shop to the south. The property is currently vacant. b. The proposed zone change will not adversely affect adjoining property value and will not be detrimental to the area because the subject property faces Glendora Avenue away from single-family residences although it is adjacent to a single- family home to the rear of the property. Additionally, staff included a number of conditions to mitigate potential negative impacts on adjacent neighbors including hours of operation, lighting, noise, and parking. The proposed development is a used automobile dealership development that has been designed to be sensitive to neighboring single-family properties in terms of setbacks, architectural treatment, lighting, noise, and privacy issues. C. The proposed zone change is compatible with the surrounding area in that the subject property is located in an area adjacent to an auto service shop that is zoned "Service Commercial." Additionally, the proposed automobile dealership fronts a Glendora Avenue south of an existing automobile dealership. 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 through the proposed General Plan amendment. The concurrent General Plan amendment allows for developments of automobile dealership with the approval of a conditional use permit. C. The approval, of such zone change is consistent with the proposed General Plan • land use designation of "Service Commercial." That land use designation allows for general related automobile dealership developments. There are no specific plans that affect the property. NOW, THEREFORE, the City Council of the City of West Covina, California, does ordain as follows: 2 Ordinance No. 2167 SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 06-06 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 the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt (15303 Class 3, New Construction of Small Structures) in that it consists of an office building for the purpose of used auto sales that is less than 10,000 square feet. SECTION NO. 3: The City Council does hereby approve Zone Change No. 06-06 (Exhibit "A") and it will take effect thirty (30) days after its final passage. APPROVED AND ADOPTED on this 18`h day of December 2007. Mayor Sherri Lane 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 City Council on the 20`h day of November 2007. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 181h day of December 2007, by the following vote: AYES: Hernandez, Sanderson, Lane NOES: None ABSENT: Herfert ABSTAIN: Touhey APPROVED AS TO FORM: ity Atto ey A old Alvarez-Glasman CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State 'of California, do • hereby certify that a true and accurate copy of Ordinance No. �f� was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Clerk's Office (3`d floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) Susan Rush, Assistant City ,Clerk �7 p �, Posted: 2 Z00 U