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
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ZONE CHANGE NO. 05-05
EXHIBIT A
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Indicates area proposed to be rezoned from
"Public Building" (P-B) to "Single -Family Residential" (R-1), Area District II