Ordinance - 2079ORDINANCE NO. . 2079
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.01-05
ZONE CHANGE NO. 01-05
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Michael Fuerst
LOCATION: 2750-2808 E. Cortez Street
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, for the reclassification from:
"R-A" (Residential -Agricultural) Zone, Area District V to "R-1" (One -Family
Residential) Zone, Area District III (Exhibit 1)
on that certain property generally described as:
Assessor's Parcel No. 8482-006-001 and 8482-006-002, in the records of the Los
Angeles County Assessor; 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, the proposed zone change maintains consistency between the General Plan and
Zoning Map; and
WHEREAS, said zone change has also been requested to facilitate the construction of an
eleven lot subdivision; and
WHEREAS, a tentative tract map for the subdivision has been submitted for the
development of the project; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 15th day
of January, 2002, conduct a duly advertised public hearing as prescribed by law, at which time the
vote of the Planning Commission adopted Resolution 02-4711 recommending approval to the City
Council of Zone Change 01-05; 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-1" (Single -Family Residential), Area District
Ill.
2. The applicant is requesting the zone change to facilitate the subdivision of the
subject property from two lots into eleven lots, thereby changing the lot line of an
existing property which is also the boundary of the zoning districts.
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.
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C. 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. Through the proposed subdivision, the property lines will be adjusted. Currently,
the western and southern property lines of the property located at 2808 E. Cortez
Street, also serves as the boundary line between the "R-1" zone and the "R-A"
zone. The proposed subdivision would create a situation where the property lines
and zone boundaries are not in the same location. Therefore, conditions have
changed so as to warrant the change of zone.
b. The proposed change of zone will not significantly affect the surrounding
properties as the area to be change is 0.2 acres and will not affect the density of
the project.
c. The zone change will change two small slivers of land from "R-A" to "R-1"
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. 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. 0 1 -05 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. 01-05
(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 this 19t" day of February 2002.
'ATTEST:
i`City Clerk Ja et Berry
Mayor Be amin Wong
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I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
Ordinance No. 2079 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 5th day of February, 2002. That, thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 19th day of
February,2002.
AYES: Herfert, Miller, Touhey, Wong
NOES: Sanderson
ABSENT: None
ABSTAIN: None
APPROVED AS TO FORM:
it Attorney Arno d Alvarez-Glasman
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City Clerk J eY Berry
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ZONE CHANGE NO.01-05
EXHIBIT 1
INDICATES SITE OR AREA RECLASSIFIED
FROM: "RESIDENTIAL AGRICULTURAL" (R-A) AREA DISTRICT V
TO: "SINGLE FAMILY RESIDENTIAL" (R-1) AREA DISTRICT III