Ordinance - 1862• 0
ORDINANCE NO. 1862
.7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE WEST
COVINA MUNICIPAL CODE BY AMENDING THE OFFICIAL
ZONING MAP (Zone Change No. 625 - Sam Lee/Daniel
Tsai)
WHEREAS, there was filed with the City of West Covina a
verified application on the forms prescrbed in Section 26-153 and
26-199 of the West Covina Municipal Code, for the
reclassification from:
"Residential -Agricultural (R-A)", "Single -Family
Residential (R-1)11, and Multiple -Family Residential
(MF-20) to "Neighborhood -Commercial (N-C)"
(Exhibit 1).
on that certain property generally described as follows:
The Southeast 50 feet of Lot 11 of Tract 11231, in the City of West
Covina, as per map recorded in Book 198 Page 50 of Maps, in the
office of the county recorder of said county.
EXCEPT the Northerly portion of said land conveyed to state of
California for freeway by deed recorded in Book 19400 Page 49,
Official Records of said county.
ALSO EXCEPT that portion lying North of a line parallel with
and distant 124 feet Southerly, measured at right angles from
the South line of the State Highway 100 feet wide, as shown on
said map by deed recorded October 23, 1952 as Instrument No.
250.
ALSO EXCEPT the Southwesterly 10 feet thereof; and
That portion of Lot 11 of Tract 11231, as shown on map recorded in
Book 198 Page 50 of Maps, in the office of the county recorder of
said county, together with that portion of Lot 56 of El Monte
Walnut Place, as shown on map recorded in Book 6 Page 104, of Maps,
in said office, described as a whole as follows:
Beginning at a point in the Southwesterly line of said Lot 56,
distant thereon North 480 44' 25" West, 25.00 feet from the
most Southerly corner of said Lot 56; thence North 30 45' 40"
West 26.97 feet to the Westerly prolongation of the Southerly
line of that strip of land 22.00 feet wide, acquired by the
State of California by Parcel 2 of Deed 49648, recorded in
Book D4813 Page 55, Official Records, in said office; thence
along said prolongation North 820 38' 41" East, to the North-
westerly line of the land quitclaimed by the State of
California, by Director's Deed No. D7.1, recorded in Book
22272 Page 319, Official Records; thence along said
Northwesterly line South 410 14' 56" West, to the
Southwesterly line of said Lot 11; thence along said last
Southwesterly line and said Southwesterly line of Lot 56,
North 480 44' 25" West to the point of beginning.
EXCEPT therefrom the Southwesterly 10 feet; and
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Ordinance No. 1862
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Lot 9 and those portions of Lots 10, 20, 21, and 22 of Tract 11231,
in the City of West Covina, as per map recorded in Book 198 Page 50
of Maps, in the office of the county recorder of said county,
described as a whole as follows:
• Beginning at the most Southerly corner of said Lot 9; thence
Northwesterly along the Southwesterly line of said Lots 9 and
10 to the most Westerly corner of said Lot 10; thence
Northeasterly along the Northwesterly line of said Lot 10 to a
line that is parallel and distant 146 feet Southerly, measured
at right angles from the Southerly line of the State Highway,
100 feet wide, as shown on said map; thence Easterly along
said parallel line to,the Westerly line of the land described
in the deed to the state of California, recorded on April 16,
1969 as Instrument No. 595; thence Southerly along said
Westerly line to the Southwesterly line of said Lot 20; thence
Northwesterly along said last mentioned Southwesterly line to
the most Easterly corner of said Lot 9; thence Southwesterly
along the Southeasterly line of said Lot 9 to the point of
beginning.
EXCEPT therefrom the Southwest 10 feet; and
Lot 8 of Tract 11231, in the City of West Covina, as per map
recorded in Book 198 Page 50 of Maps, in the office of the county
recorder of said county; and
WHEREAS, after considering the proposed request in a duly
advertised public hearing on September 5, 1990, as prescribed by
law, the Planning Commission of the City of West Covina recommended
that the City Council approve said zone change; and
WHEREAS, the City Council upon giving the required notice, did
on the 24th day of September, 1990, conduct a duly advertised
public hearing as prescribed by law to consider said application;
and
WHEREAS, the City Council of West Covina has considered
evidence presented by the applicant, the Planning Department, the
Planning Commission, and other interested parties at said public
hearing held on September 24, 1990; and
WHEREAS, the oral and documentary evidence considered in
connection with application reveal the following facts:
1. The applicant is requesting approval of a zone change from
"Residential -Agricultural (R-A)", "Single -Family
Residential (R-1)", and "Multiple -Family Residential
(MF-20)" to "Neighborhood -Commercial (N-C)".
2. The zone change application is submitted in conjunction
with a request for a tentative parcel map and precise plan
to permit the construction of a 30,588-square foot office
building on a 1.58-acre site.
3. The proposed zone change is consistent with the "Service
and Neighborhood Commercial" land use designation of the
General Plan and the "Neighborhood -Commercial" land use
designation of the Westside Area Plan.
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Ordinance No. 1862
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4. 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.
e. The approval of such a zone change is consistent with
the General Plan or applicable specific plans.
5. An initial study prepared for the subject project has
disclosed that although the proposed project could have a
significant effect on the environment, there will not be a
significant effect in this case because mitigation measures
have been incorporated into the project's design and as
conditions of approval. A Negative Declaration of
Environmental Impact has been prepared for the proposed
project pursuant to the requirements of the California
Environmental Quality Act of 1970, as amended; and
WHEREAS, based on the evidence presented to the City Counci,
both oral and documentary, the City Council finds as follows:
a. Single-family residential development in the "Westside
Area" was established prior to World War II.
Construction of the San Bernardino Freeway and sub-
sequent changes in the character of the area necessitated
revisions to the established land use policies in the
Westside Area. In 1984, with the adoption of the
Westside Area Plan, the General Plan land use designation
for land south of Garvey Avenue South between Merced and
Sunkist Avenues, referred to as the "Garvey Frontage",
was changed from "Planned Administrative Research" to
"Service and Neighborhood Commercial." However, existing
development and underlying zoning designations have
remained primarily residential and are inconsistent with
the goals and policies of the General Plan and the
Westside Area Plan.
b. The proposed zone change will not adversely affect
adjoining property as to value or precedent and will
not be detrimental to the area. The present General Plan
land use designation of "Service and Neighborhood
Commercial" was established in 1984. The zone change
would create consistency between the General Plan land
use designation and zoning classification and aid in the
implementation of the goals and policies of the General
Plan and Westside Area Plan. Development standards for
"Neighborhood -Commercial" development have been
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Ordinance No. 1862
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established in the Westside Area Plan to address specific
development issues within the Westside Area and minimize
adverse impacts of future nonresidential development on
existing residential uses. The proposed office building
meets or exceeds all the development standards of the
Neighborhood -Commercial Zone and the Westside Area Plan.
C. The proposed zone change is in the interest of public
health, safety and general welfare as it will permit
development that will create employment opportunities,
generate tax revenue, and promote ecomomic stability in
the community. The proposed office development will
enhance commercial development along the freeway
corridor and create a buffer for the adjacent
residential area from noise generated by the San
Bernardino Freeway.
d. The granting of the zone change will aid in the
implementation of the goals and policies of the General
Plan and will not adversely affect the General Plan.
Approval of the zone change will increase consistency
between existing zoning classifications and General Plan
land use designations throughout the city.
e. The proposed change in zoning classification from
"Residential -Agricultural (R-A)", "Single -Family
Residential (R-1)" and "Multiple -Family Residential
(MF-20)" to "Neighborhood -Commercial (N-C)" is consistent
with the General Plan land use designation of "Service
and Neighborhood Commercial" and the Westside Area Plan
land use designation of "Neighborhood Commercial". In
addition, approval of a zone change from residential
zoning classifications to the Neighborhood -Commercial
Zone supports the City's policy of minimizing
residential development within "Noise Impact Zones", as
defined in the Noise Element of the General Plan.
NOW THEREFORE, the City Council of the City of West Covina,
California, does ordain as follows:
SECTION NO. 1: Based on the evidence presented, both oral and
documentary, Zone Change No. 625, is approved subject to the
condition that Zone Change No. 625, shall not become effective
until the applicant shows proof, to the satisfaction of the
Planning Director, that Parcel Map No. 21725 has been recorded with
the Office of the Recorder of the County of Los Angeles.
SECTION NO. 2: Section 26-135 of the West Covina Municipal
Code is hereby amended by amending the official zoning map of the
City of West Covina as shown on the zoning map amendment (Exhibit
1) which is attached hereto and by this reference incorporated
herein.
SECTION NO. 3: A Negative Declaration of Environmental Impact
has been prepared in accordance with the California Environmental
Quality Act of 1970, as amended.
SECTION NO. 4: The City Clerk shall certify to the passage of
this Ordinance and shall cause the same to be published as required
by law.
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Ordinance No. 1862
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PASSED AND APPROVED this Athday of October 1990.
/f
Mayor
ATTEST:
L 4LY��
City Clerk
STATE OF CALIFORNIA, )
COUNTY OF LOS ANGELES,)SS
CITY OF WEST COVINA, )
I, Janet Berry, City Clerk of the City of West Covina, do hereby
certify that the foregoing Ordinance No. 1862 was regularly
introduced and placed upon its first reading at a regular meeting
of the City Council on the 24th day of Sept. , 1990. That,
thereafter, said Ordinance was duly adopted and �assed at a regular
meeting of the City Council on the 8th day of ctober by the
following vote, to wit:
AYES: Councilmember: Herfert, Jennings, McFadden, Tarozzi
NOES: Councilmember: None
ABSENT: Councilmembers: Manners
APPROVED AS TO FORM:
QlAa-e.6P a&O-L�U
City Attorney
City Cler
937/CC/2/st
ZONING MAP AMENDMENT
ZONE CHANGE NO, 625
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° INDICATES SITE OR AREA RECLASSIFIED
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CERTIFICATION
I, JANET BERRY, City Clerk of the City of West Covina, State of
California, do hereby certify that a true and accurate copy of
Ordinance No. 969d-- was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
DATED: I D — f % — � d
anet Berry, City Clerk
ity of West Covina, California