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Ordinance - 2155ORDINANCE NO.2155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.06-02 • 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 Change the zoning designation from "Office Professional' (O-P) to "Single -Family Residential' (R-1) on that certain property generally described as follows: Assessor Parcel No. 8487-017-042, 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 261h day of September, 2006, conduct a duly noticed public hearing as prescribed by law to consider the said application; and WHEREAS, the Planning Commission did adopt Resolution No. 06-5169 recommending approval of Zone Change No. 06-02 to the City Council; and WHEREAS, the City Council, on the 17`h day of October, 2006, conducted 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 subject property has historically been used as a single-family house. 2. Approval of the zone change will allow the property to enjoy the rights and privileges that other single-family properties in the area enjoy. 3. 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 • 0 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. 2155 November 7, 2006 4. 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; and WHEREAS, based on the evidence, both oral and documentary, the City Council finds as • follows: a. The site is currently zoned "Office Professional' (O-P). The subject property has been used as a single-family house since it was constructed in 1910. 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 proposed 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 1: Based on the evidence presented, and the findings set forth, Zone Change No. 06-02 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 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 3: The City Council does hereby approve Zone Change No. 06-02 (Exhibit "A") changing the zoning designation of said property from "Office Professional" (O-P) to "Single - Family Residential" (R-1), Area District 11. SECTION 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`h day of November, 2006. • ATTEST: i City Clerk La 'e Carrico `A Ordinance No. 2155 November 7, 2006 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 17`t' day of October 2006. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 7"' day of November 2006, by the following vote: AYES: Hernandez, Lane, Sanderson, Herfert NOES: • None ABSENT: None ABSTAIN: Touhey APPROVED AS TO FORM: City Attorney Arnold varez-Glasman • City Clerd Laurie Carrico 3 ZONE CHANGE NO. 06-02 • • Indicates area proposed to be rezoned from "Office Professional" (O-P) to "Single -Family Residential' (R-1), Area District 11