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Ordinance - 2090ORDINANCE NO.2090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 02-03 (Comstock Homes) • 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 of land from: "Specific Plan No. 3" to "Specific Plan No. 17" on that certain property generally described as follows: Assessor Parcel Nos. 8480-003-021, 8480-003-022, 8480-003-023, and 8480-003-024, as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment from "Planned Development" to "Low Medium Residential" (4.1 to 8.0 Dwelling Units per Acre); and WHEREAS, the proposed zone change is consistent with the proposed General Plan Designation of "Low Medium Residential" 4.1 to 8.0 Dwelling Units per Acre"; and WHEREAS, the proposed zone change maintains consistency between the General Plan and Zoning Map; and WHEREAS, said zone change application is requested to allow for the development of 46 single-family residential units and to establish zoning standards for the subject project; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 21" day of August, 2002 conduct a duly advertised public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 02-4774; and WHEREAS, the City Council did, on the 17"' day of September, 2002, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Division, and other interested parties. 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 "Specific Plan No. 3" to "Specific Plan No. 17." 2. This zone change application is submitted in conjunction with a request for approval of a General Plan amendment, a tentative tract map, a precise plan, a tree removal permit and an administrative use permit to allow for the development of 46 single- family residential units. 3. The proposed zone change is contingent upon the approval of the proposed General Plan amendment. • 4. Approval of the zone change will allow for the development of the site that consists of a vacant property which fronts on Holt Avenue. 5. Findings necessary for approval of zone change are as follows: a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. Ordinance No. 2090 Page 2 • b. 1.a 11 e. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. The approval of such a change of zone will not adversely affect the comprehensive General Plan so adopted by the City. The approval of such a zone change is consistent with the General Plan or applicable specific plans. 6. 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; and WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The site is currently zoned "Specific Plan No. 3" (SP-3), allowing for a variety of hotel, office and commercial uses on the site. Surrounding zones include "Regional Commercial' (R-C) to the north, "Agricultural Residential' (R-A) to the south, "Neighborhood Commercial' (N-C) to the west, and "Specific Plan No. 3" to the east. The proposed zoning of "Specific Plan No. 17" will allow the development of the site at a density of approximately 5.05 dwelling units per acre (overall). The Specific Plan zoning classification has been utilized over the past 10 to 15 years to facilitate the development of single-family residential developments on small lots in various areas of the City. The proposed Specific Plan incorporates specific design criteria such as setbacks and lot coverage, which will facilitate the orderly development of the site, given project specific constraints such as small lot size. Based on these circumstances, there are changed conditions since the current zoning became effective. b. Approval of this request establishes specific design criteria and development standards for the site. Building setback, height, lot coverage and other development standards established through the zone change will assure compatibility and a product that is sensitive to surrounding land uses. The proposed use of the currently vacant property will continue in an orderly land use pattern consistent with other uses in the vicinity and promote economic stability. The site serves as an infill between the relatively large - lot residences to the south and the San Bernardino Freeway to the north and retirement facility to the east. The proposed zoning is compatible with the surrounding zoning, and will not adversely affect adjoining property. C. Development standards contained within the specific plan are intended to guide the development of the site in a manner sensitive to surrounding land uses. The proposed development is compatible with surrounding land uses as the development consists of 46 single-family residential units developed at a density of 5.05 units per acre overall. The initial study prepared for the project identified a number of potential environmental impacts related to public health, safety, and general welfare. These potential impacts include hydrological issues, noise, and aesthetic impacts. Impacts associated with the project will be reduced to a less than significant level through the implementation of the mitigation measures and conditions of approval, and compliance with established standards and regulations, for example the Uniform Building Code. Ordinance No. 2090 Page 3 d. The proposed zone change will not adversely affect the General Plan as consistency between the General Plan and the Zoning Map will be maintained through the proposed General Plan amendment and zone change. Further, the zone change will result in the implementation of a number of goals and policies contained in the General Plan by "identifying sites, vacant or developed with a potential for residential development, and encouraging their efficient and attractive use" and, "encouraging the construction of a wide variety of new housing to meet the needs of all residents." e. The subject site currently has a General Plan Land Use Designation of "Planned Development," allowing for a variety of commercial uses. The applicant is requesting approval of a general plan amendment to change the land use designation to "Low Medium Residential' (4.1-8.0 dwelling units per acre). The actual overall proposed density of the project is 5.05 dwelling units per acre. The proposed zone change, from "Specific Plan No. 3" to "Specific Plan No. 17" will maintain General Plan and zoning consistency. The proposed zone change will not adversely affect the General Plan as consistency between the General Plan and the Zoning Map will be maintained through the proposed General Plan amendment and zone change. 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. 02-03 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. 02-03 (Exhibit 1), changing the zoning designation of said property to "Specific Plan No. 17" (SP-17) and adopting the specific plan text as set forth in Exhibit 2, dated August 21, 2002, subject to the following condition: Zone Change No. 02-03 is contingent upon the approval of General Plan Amendment No. 02-02. 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. APPROVED AND ADOPTED on this I" day of October, 2002. Mayor Michael Touhey ATTEST: „..,City Clerk Janet Berry Ordinance No. 2090 Page 4 I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the foregoing Ordinance No. 2090 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 17"' day of September, 2002. That, thereafter, said Ordinance was duly adopted at a regular meeting of the City Council on the I" day of October, 2002 by the following vote: • AYES: Herfert, Miller, Sanderson, Wong, Touhey NOES: None ABSENT: None City Clerk Janet Berry R APPROVED AS TO FORM: *Ciytomey rnold Alvarez-Glasman •