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Ordinance - 2043ORDINANCE N0.2043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 665. • ZONE CHANGE NO. 665 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Michael Yang LOCATION: 3200 E. Cortez Street WHEREAS, there was filed with this City a verified application on the forms prescribed in Section 26-199 of the West Covina Municipal Code, a request for a zone change from "Residential Agricultural, Area District V" (RA, AD-V) to "Single -Family Residential, Area District IV" (R-1, AD -IV) on that certain property as follows: Assessor Parcel No. 8482-003-014 as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, said zone change is requested to provide consistency between the General Plan, the East Hills Specific Plan, and the Zoning Map; and WHEREAS, said zone change has also been requested to facilitate the subdivision of an existing 83,381± square -foot lot into two lots (Tentative Parcel Map No. 25502); and WHEREAS, it is stated in the Land Use Element of the General Plan that the "Suburban Density Residential" category is "intended to provide for large -lot subdivisions or estate -type developments" and that the City should "Arrange land uses with regard to the health, safety, convenience and welfare of the residents of the city"; and WHEREAS, the "proposed zoning" and "proposed area districts" maps contained within the East Hills Specific Plan designate the subject parcel for rezoning to "Single - Family Residential, Area District IV" (R-1, AD -IV), as is proposed by the applicant; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 28th day of September, 1999, conduct a duly advertised public hearing to consider the subject application for a zone change; and WHEREAS, the City Council did, on the 19" day of October, 1999 conduct a duly advertised public hearing as prescribed by law to consider 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 zone change from "Residential Agricultural, Area District V" (RA, AD-V) to "Single -Family Residential, • Area District IV" (R-1, AD -IV). 2. This zone change application is submitted in conjunction with a request for a tentative parcel map to subdivide the existing 83,381 square foot lot into two lots, consisting of 39,680± and 43,701± square feet, respectively (Tentative Parcel Map No. 25502). , C:\WINDOWS\TEMP\ZC 665 Ord.doc Zone Change 665 — Michael Yang November 2, 1999 Page 2 of 3 3. 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. 4. 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. The subject property currently is zoned as "Residential Agricultural, Area District V." This zoning was put into place upon annexation into the City in December 1980. However, the City also adopted the East Hills Specific Plan in July 1978 which proposed zoning this area as "Single -Family Residential, Area District IV" (R-1, AD IV). The proposed zone change thus brings the property into conformance with the zoning proposed by the East Hills Specific Plan, and remains in conformance with the designation of "Suburban Density Residential" as shown in the General Plan. b. The proposed change of zone will not adversely affect adjacent property as to value or precedent as each new lot will be approximately 40,000 square feet in size, which is the size allowed under its current zoning. The proposed 40,000± square feet is substantially larger than the 20,000 square foot minimum lot size in Area -District IV and 14,400 square foot minimum lot size allowed in Area District III, both designations being directly adjacent to or directly across the street from the subject property. C. The proposed zone change will facilitate the development of two single- family homes on what is now a vacant, unmaintained lot. In addition, the proposed zoning brings the property into conformance with the General Plan and the East Hills Specific Plan. Therefore the proposed zone change is in the furtherance of the public health, safety, and general welfare of the community. d. The proposed zone change will bring the property into conformance with the zoning and density planned for in the General Plan, and thus will not adversely affect the General Plan. e. The proposed zone change from "Residential Agricultural, Area District V" (RA, AD-V) to "Single -Family Residential, Area District IV" (R-I, AD -IV) C:\WINDOWS\TEMP\ZC 665 Ord.doc Zone Change 665 — Michael Yang November 2, 1999 • I I Page 3 of 3 brings the subject property into conformance with both the General Plan and the East Hills Specific 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 above Zone Change No. 665 is hereby General Plan and East Hills Specific Plan, presented, and the findings set forth, the found to be consistent with the City's SECTION NO. 2: This project is a Negative Declaration of Environmental Impact in accordance with the California Environmental Quality Act of 1970, as amended. SECTION NO. 3: The City 'Council does hereby approve Zone Change No. 665 changing the zoning classification for the subject property as set forth on the zoning map of the City of West Covina from "Residential Agricultural, Area District V" (RA, AD-V) to "Single -Family Residential, Area District IV" (R-1, AD -IV). 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 this 2,d day of November, 1999. ayor ATTEST: v City Cle 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. 2043 was regularly introduced and placed upon its first reading at a regular meeting of the City Council held on the 19th day of October, 1999. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council held on the 2,d day of November, 1999. AYES: Herfert, Melendez, Touhey, Wong, Howard NOES: None ABSENT: None APPROVED AS TO FORM: v 1I City Clerk C:\WINDOWS\TCMP\ZC 665 Ord.doc