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Ordinance - 2135ORDINANCE NO. 2135 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.05-05 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 to reclassify the property at 707 S. Lark Ellen Avenue from "Public Building" (P-B) to "Single -Family Residential" (R-1) on that certain property generally described as follows: Assessor Parcel No. 8486-008-002, as shown on the latest rolls of the Los Angeles County Tax 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, the Planning Commission, upon giving the required notice, did on the 26`h day of April, 2005, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 05-5016 recommending approval to the City Council; and WHEREAS, the City Council did, on the 171h day of May, 2005, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: The subject property has historically been used as a single-family house. 2. The City has not initiated a process to purchase the property for park expansion. 3. Approval of the zone change will allow the property to enjoy the rights and privileges that other single-family properties in the area enjoy. 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. 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 Zone Change will not have a significant effect on the environment and any future development of the property would be in compliance with CEQA. Ordinance No. 2135 June 7,2005 WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The site is currently zoned "Public Building" (P-B). The subject property has been used as a single-family house since it was constructed in 1926. At the time the park was established, it appears that there was consideration by the City to purchase the property as parkland. As the City never initiated a purchase, the • residents have requested that the property be zoned residential to allow the same rights and privileges as other single-family houses. b. Approval of this request will allow the property to have the development standards and rights of other single-family houses. The proposed zone change will not adversely affect adjoining property or be detrimental to the area as there are other single-family houses in the vicinity. C. Currently and historically the subject property has been used as a single-family residential property. The proposed zone change would be in the interest or furtherance of the public health, safety, and general welfare, as the zoning would then match the use. 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 the General Plan and the Zoning will continue to be consistent. e. The subject site has a General Plan Designation of "Low -Medium Residential" (4.1 to 8.0 units per acre). Therefore, zoning consistency with the General Plan remains. 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. 05-05 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO. 2: 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. 05-05 (Exhibit "A") changing the zoning designation of said property from "Public Building" (P-B) to "Single - Family Residential" (R-1), Area District 11. 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`hDAY OF JUNE, 2005 is ATTEST: Mayor Shelley Sanderson 11. 'L , aid City Clerk Uaurie Carrico 2 Ordinance No. 2135 June 7, 2005 1, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, 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 171h day of May 2005. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 71h day of June 2005, by the following vote: AYES: Herfert, Hernandez, Miller, Wong, Sanderson •NOES: None ABSENT: None ABSTAIN: None City Clerk La ie Carrico APPROVED AS TO FORM: City Attorney Arno d Alvarez-Glasman • 3 • • ZONE CHANGE NO. 05-05 EXHIBIT A Y d4� Fah hY,'?g'1a' �y 's}� j�} 12dOt ((12b £1300 130 J10 1314 SI DSg IMM e I k+ r 141 hl4�i K %A19L KV1Y AVE '� Yi txg � t "e1�412s-{�418t� nv hi i Indicates area proposed to be rezoned from "Public Building" (P-B) to "Single -Family Residential" (R-1), Area District II