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Ordinance - 2105ORDINANCE NO. 2105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 03-04 (Dynamic Investments) • 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: "Residential Agricultural" (R-A) Area District IV to "Single -Family Residential' (R-1), Area District 1A on that certain property generally described as follows: Assessor Parcel No. 8277-001-019, as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, consistent with this request the applicant has requested a General Plan amendment from "Suburban Residential' (2.1 — 4.0 Dwelling Units per Acre) to "Low Medium Residential' (4.1 - 8.0 dwelling units per acre); and WHEREAS, consistent with this request the applicant has requested an East Hills Specific Plan amendment from "Suburban Residential' (2.1 — 4.0 Dwelling Units per Acre) to "Low Medium Residential' (4.1 - 8.0 dwelling units per acre); and WHEREAS, the proposed zone change is requested to provide consistency between the General Plan and Zoning Map, and to establish zoning standards for the subject project; and WHEREAS, said zone change application is requested to allow for the development of four single- family residential units; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 23 d day of September, 2003 conduct a duly advertised public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 03-4880; and WHEREAS, the City Council did, on the 21st day of October, 2003, 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 proposed zone change is contingent upon the approval of the proposed General Plan Amendment and Specific Plan Amendment. 2. Approval of the zone change will allow for the development of the site that consists of a vacant property which fronts on Temple Avenue and is adjacent to the San Bernardino Freeway. 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 and specific plan amendment 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. Ordinance No.2105 Page 2 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. 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 "Residential Agricultural', Area District IV allowing for the development of one single family home on the property. Surrounding zones include "Residential Agricultural' and "Multiple Family Residential - 15 Units per Acre." The proposed zoning of "Single -Family Residential' (R-1), Area District IA will allow the development of the site at the proposed density of 5.2 dwelling units per acre. The proposed zoning includes standards such as setbacks and lot coverage, which will facilitate the orderly development of the site, given project specific constraints such as small lot size and irregular shape. Surrounding properties have been developed with uses that are not single-family homes. Surrounding land uses include the San Bernardino Freeway (Interstate 10) and its attendant Holt Avenue off -ramp to the north and east, Holt Avenue and single-family residences beyond Holt Avenue to the south, and Temple Way and the Bridgecreek senior residential project to the west. b. 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 San Bernardino Freeway, the Bridgecreek Retirement Facility and the single-family residences south of Holt Avenue. The proposed zoning is compatible with the surrounding zoning, and will not adversely affect adjoining property. C. 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 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. 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 and East Hills Specific Plan land use designation of "Suburban Density Residential' (2.1 — 4.0 dwelling units per acre). The applicant is requesting approval of a general plan amendment to change the land use designation to "Low Medium Density Residential' (4.1 — 8.0 dwelling units per acre). The actual overall proposed density of the project is 5.2 dwelling units per acre. The proposed zone change, from "Residential Agricultural' (R-A) to Ordinance No. 2105 Page 3 0 • "Single -Family Residential" (R-1), Area District IA 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. 03-04 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. 03-04 (Exhibit 1), changing the zoning designation of said property to "Single -Family Residential, Area District IA" subject to the following condition: Zone Change No. 03-04 is contingent upon the approval of General Plan Amendment No. 03-02. 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. PASSED AND APPROVED on this 41h day of November 2003. Mayor S eve erfe AT TEST:.,--,-.; . ;,ram •_ r City Clerk Janet Berry JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 21s` day of October, 2003. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 4th day of November 2003 by the following vote of the Council: AYES: Hernandez, Miller, Sanderson, Wong NOES: None ABSENT: Herfert Approved as to form: 1 � lr— ty Attorney A old Alvarez-Glasman City Clerk Janet 143en _ .- ZONE CHANGE NO.03-04 E AV r�� o FMPLE wAY FRFFIvq }' PROJECT SITE ul 9 O� pG S, '772- n Residential -Agricultural" (R-A), Area District IV to "Single-family Residential" (R-1), Area District IA. 0 " :-'t