Ordinance - 2215ORDINANCE NO. 2215
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.10-01
ZONE CHANGE NO. 10-01
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Ahmad Ghaderi - Ashdon Development
LOCATION: Northeast Corner of Azusa Avenue and Giambi Way
WHEREAS, there was filed with this Council a verified application on the forms
prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the
reclassification from:
"Open Space" (O-S) to "Service Commercial" (S-C)
on that certain property generally described as follows:
Assessor Parcel No. 8435-001-912, 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 "Open Space" 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 of a
auto service station; and
WHEREAS, a precise plan for the site plan and architecture has been submitted for the
development of the project; and
WHEREAS, consistent with this request, the applicant has submitted a conditional use
permit application for the operation of a service station, car wash, drive -through facilities,
convenience store and fast food use; 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 24"'
day of August, 2010, conduct a duly noticed public hearing to consider the subject application
for a Zone Change, at which time the Planning Commission adopted Ordinance No. 10-5375
recommending approval to the City Council; and
WHEREAS, the City Council did, on the 18th day of January, 2011, 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 approval of a design to allow for the construction of
an auto service station facility on a 2.13-acre property.
2. The project consists of a zone change requesting to change the zone from "Open
Space" (O-S) to "Service Commercial" (S-C).
3. Findings necessary for approval of a zone change are as follows:
Ordinance No. 2215
Page 2
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 requirements of the California Environmental Quality.Act (CEQA)
of 1970, a. NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has
been prepared indicating that although the project could have a significant effect on
the environment, there will not be a significant effect due to mitigating measures.
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 auto service
station that would include a self -"service car wash and a two-story convenience
store building with office space and space for fast food, use. The proposed
development will be consistent with the neighboring retail uses to the south of the
subject site. The existing zoning restricts the property to open space uses. The
Master Plan of Streets designates South Azusa Avenue as a six -lane "Principal
Arterial". The street is designed to accommodate high traffic volumes.
Surrounding land uses include natural habitat to the north, retail uses to the south,
single-family residences to the west of the subject property and Big League
Dreams Sports Park to the east of the site.
b. The proposed zone change will not adversely affect adjoining property value and
will not be detrimental to the area because the property is adjacent to
commercial/entertainment uses on the east and south.. The proposed development
is a gas station development that has been designed to be sensitive to neighboring
single-family properties in terms of setbacks, architectural treatment and privacy
issues. Residential uses are separated from the subject property by the 6-lane
Azusa Avenue and residential uses a higher in elevation from the subject
property.
C. The proposed zone change is compatible with the surrounding area in that
the subject property is located in an area with other commercial retail service
oriented developments. The subject -use is separated from residential uses to the
west by a principal arterial and by topography.
d. The proposed zone change will not adversely affect the General Plan as
consistency between the General Plan and the ZoningMap will be maintained
through the proposed General Plan amendment. The concurrent General Plan
amendment allows for developments of service retail uses.
e. The approval of such zone change is consistent with the proposed General
Plan land use designation of "Service and Neighborhood Commercial." That
proposed land use designation allows for service retail developments. The
proposed retail designation allows for convenience 'retail uses. 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:
Ordinance No. 2215
Page 3
SECTION NO. 1: Based on the evidence presented, and the findings set, forth, 'the above
Zone Change No. 10-01 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 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 approve Zone Change No. 10-01, changing the zoning designation for
subject property as set forth on Exhibit A, and amending the Zoning Map of the City of
West Covina.
SECTION NO. 4: The Secretary is instructed to, forward a copy of this Ordinance to the
City Council for its attention in the manner prescribed by law.
SECTION NO.5: The City Clerk shall certify to the passage of this Ordinance.
APPROVED AND ADOPTED on this I" day of February 2011.
ATTEST:
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 18th day of January, 2011. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the I" day of
February 2011, by the following vote:
AYES: Armbrust, Lane, Sanderson, Touhey, Herfert
NOES: None:
ABSENT: None
ABSTAIN: None
City Clerk Lai .ie;,Carrico ,
APPROVED AS TO FORM:
+�CiAttAomey Arnold Alvarez-Glasman
a
ZONE. CHANGE NO. 10-01
EXHIBIT A