Ordinance - 2010ORDINANCE NO. 2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO.653.
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 request for
a zone change from:
"R-A" (Residential -Agricultural) Zone, Area District V to "R-l" (One -Family
Residential) Zone, Area District III (Exhibit 1)
on that certain property generally described as:
The rear 180 feet of Assessor Parcel No. 8482-006-002 as shown on the latest rolls
of the Los Angeles County Tax Assessor, also identified as Lots 6 and 7 of Tentative Tract
Map No. 51600; and
WHEREAS, the proposed zoning of "R-1", Area District III, with a minimum
required lot size of 14,400 square feet, is consistent with the existing General Plan land use
designation for the site of "Suburban Residential," with a density designation of 2.1 to 4.0
dwelling units per acre; and
WHEREAS, said zone change has been requested in order to facilitate the
subdivision of the subject property into two single-family residential lots (as part of
Tentative Tract Map No. 51600) that are proposed to be smaller than the minimum required
lot area for the "R-A" Zone, Area District V Zone of 40,000 square feet; and
WHEREAS, the proposed single-family residential use of the property will be
compatible with existing surrounding uses, which include other single-family homes and a
school; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the
I lth day of November, 1997, conduct a duly advertised public hearing to consider the
subject application for a zone change, at which time the Planning Commission adopted
Resolution No. 11-97-4472, recommending to the City Council approval of Zone Change
No. 653; 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 zone change from "R-A"
(Residential -Agricultural), Area District V to "R-l" (One -Family
Residential), Area District III.
2. The zone change has been submitted in conjunction with Tentative Tract No.
51600 and Tree Removal Permit No. 14, both of which were approved by the
Planning Commission at its meeting of November 11, 1997.
3. The applicant is requesting the zone change to facilitate the subdivision of
the subject property into two lots (in conjunction with the subdivision of
seven other lots) proposed to be 16,419 square feet (Lot 6) and 15,693 square
feet (Lot 7) in area, respectively.
4. The requested zone change to "R-1," Area District III is necessary in order to
approve the subdivision of Lots 6 and 7, insofar as the proposed area of said
lots is smaller the minimum lot area requirement of 40,000 square feet under
the current zoning of"R-A," Area District V.
ZACC\0RDINSDM\ZC653
Ordinance No.
Zone Change No. 653 - Michael Fuerst
5. 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.
6. An initial study prepared for the proposed project has disclosed that although
the 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 (CEQA) of 1970, as amended.
WHEREAS, based on the evidence presented to the City Council, both oral and
documentary, the City Council finds as follows:
a. Through the proposed subdivision, a new street will be constructed to
provide access to the rear of the property at 2808 E. Cortez Street. This
street provides a previously unavailable opportunity to create two new lots
from the rear portion of the property at 2808 E. Cortez Street without having
any significant effect on other surrounding "R-A" properties, or affecting the
appearance of development along Cortez Street.
b. The site proposed to be rezoned is surrounded on the west and north by other
lots within the same proposed subdivision, on the south by the grounds of
South Hills High School, and on the east by the rear portion of an "R-A"
zoned lot. Given this, the creation of two new lots of 15,693 square feet and
16,419 square feet, respectively, and the development of two single-family
residences on this site will not have any significant adverse impact on
adjoining properties. The overall subdivision site is unique within the area in
that its size (4.8 acres) is large enough to accommodate a new street to permit
the creation of new lots. The rezoning therefore is not likely to set any
precedent for rezoning requests of a similar nature.
C. The zone change will allow for the creation of two additional single-family
residential building sites within an area that is suitable for such and .which
will not conflict with other surrounding uses.
d. The proposed subdivision and zone change does not conflict with any
established policies within the West Covina General Plan and will further
promote the goal of the General Plan to "preserve the essential residential
character of West Covina."
e. The existing General Plan land use designation for the site is "Suburban
Residential," with a density range of 2.1 to 4.0 dwelling units per acre. With
Z:\CC\0RDINSDM\ZC653
Ordinance No.
Zone Change No. 653 - Michael Fuerst
lot sizes of 16,419 square feet and 15,693 square feet, respectively, the two
lots proposed to be rezoned would have a density equivalent to 2.7 dwelling
units per acre. The proposed subdivision and rezoning is therefore consistent
with the General Plan land use designation for the area.
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. 653 is hereby found to be consistent with the City's General Plan
and the land uses permitted within said zone classification.
SECTION NO. 2: A Negative Declaration of Environmental Impact has been
prepared in accordance with the California Environmental Quality Act of 1970, as
amended.
SECTION NO. 3: The City Council does hereby approve Zone Change No. 653,
changing the zoning designation for the subject property as set forth on the Zoning
Map of the City of West Covina from "R-A" (Residential -Agricultural), Area
District V to "R-1" (One -Family Residential), Area District III as depicted on
Exhibit 1.
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 the 16`h day of December, 1997.
W
ATTEST: Mayor
City Cl
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 2010 was regularly introduced and placed upon its first reading
at a regular meeting of the City Council held on the 2"d day of December, 1997. That,
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City
Council held on the 161h day of December, 1997.
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ABSENT: None
City. C
APPROVED AS TO FORM:
City Att rney
Z:\CC\ORDINSDM\ZC653
ZONING MAP AMENDMENT
ZONE CHANGE -NO.653
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SOUTH HILL S
Indicates site or area reclassified
From: Residential -Agricultural (R-A), Area District V
To: One -Family Residential (11-1), Area District III
Applicant: Michael Fuerst
Date: November 11 1997
Location: 2808 East Cortez Street
N West Covina, California
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