Ordinance - 2120ORDINANCE NO.2120
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 04-02
(2003-2007 E. GARVEY AVENUE NORTH)
• 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:
"Low Density Multiple Family Residential" (MF-15) to "Single -Family Residential" (R-1):
on that certain property generally described as follows:
Assessor's Parcel Number 8454-024-014 in the records of the Los Angeles County
Assessor; and
WHEREAS, the proposed zone change is consistent with the proposed General Plan
Designation of "Low Medium Residential"; 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 future development
of a single family home; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 24`h
day of August 2004, conduct a duly noticed public hearing to consider the subject application for a
Zone Change, at which time the Planning Commission adopted resolution 04-4960 recommending
approval to the City Council; and
WHEREAS, the City Council did, on the 21" day of September 2004, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the Planning
Commission, Planning Division, 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 proposing to rezone the 2003 and 2007 East Garvey Avenue North
from "Low Density Multiple Family Residential" (MF-15) to "Single -Family Residential" (R-1).
2. The proposed zone change is contingent upon the approval of the proposed General
Plan Amendment.
3. Approval of the zone change will allow for the construction of a single-family home
on this lot.
4. 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.
Ordinance No. 2120
Page 2 of 3
5. Pursuant to the California Environmental Quality Act (CEQA) of 1970, the project
is a General Exemption (Section 15061 (b) (3)) in that the proposed Specific Plan will not have a
significant effect on the environment and any future development of the property would be in
compliance with CEQA; and
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as
follows:
a. The parcel was previously zoned as "Single -Family Residential" but is
currently zoned "Low Density Multiple Family Residential" (MF-15). Due to the size and
dimension of the lot, developing a multiple family unit would be difficult if not prohibitive,
therefore single-family dwellings would be more adequate in this location, similar to those in the
surrounding neighborhood.
b. The proposed zone change will not adversely affect adjoining property value
and will not be detrimental to the area because the modification will allow for the construction of a
single-family home on a vacant lot.
C. The proposed zone change is compatible with the surrounding area will not
adversely affect the public health, safety or general welfare of the surrounding neighborhood.
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, since the approval
of this zone change is in conjunction with a General Plan Amendment that will bring the lot into
conformity with the General Plan designation of "Low Medium Residential."
e. The approval of such zone change is consistent will be consistent with
General Plan as amended.
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, the
above Zone Change No. 04-02 is hereby found to be consistent with the City's General Plan and the
land uses permitted within said zone classification.
SECTION NO. 2: Pursuant to the California Environmental Quality Act (CEQA) of
1970, the project is a General Exemption (Section 15061 (b) (3)) in that the proposed Specific Plan
will not have a significant effect on the environment and any future development of the property
would be in compliance with CEQA.
SECTION NO. 3: The City Council does hereby approve Zone Change No. 04-02
(Exhibit "A").
PASSED AND APPROVED on this 5`h day of October 2004.
Mayor Michael L. Miller
• ATTEST:
City Clerk Janet Berry
Ordinance No. 2120
Page 3 of 3
•
0
I, 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 215t day of September 2004. That, thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the 5"' day of October 2004.
AYES:
Herfert, Hernandez, Sanderson, Wong, Miller
NOES:
None
ABSENT:
None
ABSTAIN:
None
APPROVED AS TO FORM:
City Attorney Arnold AJ arez-Glasman
ity Clerk Janet Berry
C,
EXHIBIT A
ZONE CHANGE NO.04-02
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2027
2033
2037
2043
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139
135
129
E MARDINA ST
1945
126
F2018 2022 202E 2032.7CIM 7114412204E
121
2019 2023 2027 120n47
D ni, t Area
E GARVEY AVE 5
_T
Zone Change No. 04-02
"Low Density Multiple Family Residential" (MF-15) to
"Single -Family Residential" (R-1)