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Ordinance - 2092ORDINANCE NO. 2092 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 02-01 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: Los Angeles County zoning "R-1 40,000" (Single Family Residential), to "R-l" (Single Family Residential), Area District IV on that certain property generally described as follows: Assessor Parcel No. 8277-014-024 and 8277-014-025, as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, consistent with the request, the applicant has requested that the subject site be annexed into the City of West Covina; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment from Los Angeles County "Non Urban" to "Low Residential" (l .l to 2.0 dwelling units per acre); and WHEREAS, the proposed zone change is requested to provide consistency between the General Plan and Zoning Map, and to facilitate the requested annexation; and WHEREAS, tentative parcel map has been submitted to subdivide the property into two lots; and WHEREAS, a variance to reduce the rear yard setback for a second story on Parcel No. 1 has been submitted for the development of the project; and WHEREAS, the proposed development will result in a density of 1.7 dwelling units per acre; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 10°i day of September, 2002 and the 24°i day of September, 2002 conduct duly advertised public hearings to consider the subject application for a General Plan amendment, at which time the Planning Commission adopted Resolution 02-4782; and WHEREAS, the City Council did, on the 19°i day of November, 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 Los Angeles County zoning "R-1 40,000" (Single Family Residential), to "R-1" (Single Family Residential), Area District IV. • 2. This zone change application is submitted in conjunction with a request for approval of a General Plan amendment and a tentative tract map. 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 at a density of 1.7 dwelling units per acre. Ordinance No. 2092 Page 2 • • 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. 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. The project is a Categorical Exemption, Class 19 (Section 15319: Annexation of Existing Facilities and Lots for Exempt Facilities) since the project consists of the annexation of a 1.2-acre lot into the City Of West Covina and the subdivision of the lot into two parcels. Construction of a second single-family residence (exempt per Class 3, Section 15303) is allowed pursuant to the requirements of' the California Environmental Quality Act of 1970 (CEQA). WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The site is currently located within unincorporated Los Angeles County, and is zoned R-1-40,000 (Single -Family Residential, 40,000 square foot minimum). Property to the south, west and east is located within unincorporated Los Angeles County, and is zoned R-1-40,000. Grand Avenue is located to the east of the site. Property within the City of West Covina, zoned "R-1" (Single Family Residential), Area District IV, is located to the north of the site. Area District IV allows lots with a minimum size of 20,000 square feet. Based on the requested annexation, there are changed conditions since the current zoning became effective. b. Approval of this request will allow the development of the 1.2-acre site with two 20,000 square -foot minimum lots. One single-family residence currently exists on the site. The proposed density of the project is consistent with the proposed General Plan designation. The proposed lots are compatible with the lot sizes within the City of West Covina in the project vicinity. Due to the location of the project with respect to the surrounding properties and the project design, the zone change will not adversely affect adjoining and will not be detrimental to the area. C. The project will facilitate the annexation of the site into West Covina, and the construction of a single-family residence on a 20,000-square foot minimum lot. One single-family residence is currently located on the site. The project has been designed in accordance with the requirements of the Public Works Department and the Fire Department, regarding access and safety. As such, the project will not adversely impact public health, safety, and general welfare. d. The proposed zone change will not adversely affect the General Plan as consistency between the General Plan and the Zoning Map will be established upon approval of the requested annexation and General Plan Amendment. 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 Ordinance No. 2092 Page 3 0 r� J construction of a wide variety of new housing to meet the needs of all residents." e. The subject site is currently located within unincorporated Los Angeles County, and has a General Plan Designation of' "Non Urban." The applicant is requesting annexation of the property into West Covina, and approval of a General Plan amendment to change the land use designation to "Low Residential" (L1-2.0 dwelling units per acre). The overall proposed density of the project is 1.7 dwelling units per acre. The proposed zone change will establish General Plan and zoning consistency, upon approval of the requested annexation. 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. 02-01 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO. 2: 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. 02-01 (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 7°t day of January, 2003. Mayor Michael Touhey ATTEST: City Clerk Janet Berry 1, JANET BERRY, CITY CLERK, do hereby certify that the foregoing Ordinance No. 2092 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 19°i day of November 2002. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 7°i day of January, 2003. AYES: Herfert, Miller, Touhey, Wong NOES: Sanderson ABSENT: None ABSTAIN: None DATE: November 19, 2002. -1' :J APPROVED AS TO FORM: 4Cittorn AArnoAlvarez-Glasman City Clerk Janet Berry t HWW C UCC ZONE CHANGE NO.02-01 EDIT 1 Los Angeles County "R-140,000" (Single Family Residential), to "R-l" (Single Family Residential), Area District IV EGL Associates 2461 and 2465 S. Grand Avenue