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Ordinance - 2143ORDINANCE NO.2143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 05-02 isWHEREAS, 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: a proposal to rezone the property from "R-A" (Residential Agricultural) to "MF-20" (Multiple -Family Residential — 20 dwelling units per acre). on that certain property generally described as follows: Assessor's Parcel Numbers 8454-018-901 in the records of the Los Angeles County Assessor; and WHEREAS, the proposed zone change is consistent with the proposed General Plan Designation of "High Density Residential" (Over 20 dwelling units per acre); 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 development of a 24-unit condominium development; and WHEREAS, a precise plan for the site plan and architecture has been submitted for the development of the project; and WHEREAS, a tentative tract map has been submitted for the subdivision of the site into 24 condominiums; and WHEREAS, a variance has been submitted to deviate from code requirements including maximum ground coverage, density, lot width, and minimum dimension requirements for recreation -leisure space; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 12`h day of July, 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. 05-5036 recommending approval to the City Council; and WHEREAS, the City Council did, on the 161h day of August, 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; 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 subject property "Residential Agricultural" (R-A) to "Multiple -Family Residential" (MF-20). 2. The project is consistent with the General Plan land use designation of "High • Density Residential." 3. The proposed zone change would allow the construction of a 24-unit condominium complex. Ordinance No. 2143 September 20, 2005 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 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. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The parcel is currently zoned as "Residential -Agricultural" (R-A). The current zoning only allows for a single-family residence to be located on the site without other discretionary approvals. A condominium complex is not an allowed use in the "R-A" Zone. As a result, the applicant is requesting a zone change to "Multiple - Family Residential" (lam'-20), which does allow for a condominium complex. 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 condominium complex where current uses include a Red Cross donation facility. 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. e. The approval of such zone change is consistent with the General Plan as amended. NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby ordain as follows: SECTION 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 05-02 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. • SECTION 2: 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. 2 Ordinance No. 2143 September 20, 2005 SECTION 3: The City Council does hereby approve Zone Change No. 05-02 (Exhibit "A"). • PASSED AND APPROVED on this 20th day of September 2005. Mayor elley Sanderson ATTEST: City Cleik'La e Carrico I, 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 161h day of August 2005. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 20`h day of September 2005, by the following vote: AYES: Herfert, Hernandez, Miller, Wong, Sanderson NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: City Attorney Arnold varez-Glasman 0 City ClerkkLaurie Carrico a • ZONE CHANGE NO. 05-02 EXHIBIT A E WORKMAN AVE E JDAMOME ST Indicates area proposed to be rezoned fi-om "Residential -Agricultural" (R-A) to "Multiple -Family Residential" (MF-20)