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Ordinance - 2203ORDINANCE NO.2203 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.09-02 WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Single -Family Residential" (R-1) to "Office -Professional" (O-P) on those certain properties generally described as follows: Assessor's Parcel Numbers 8434-015-033 and 8434-015-034, in the records of the Los Angeles County Assessor; and WHEREAS, the proposed zone change is consistent with the General Plan Designation of "Offices"; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 131h day of October and 101h day of November, 2009, conduct duly noticed public hearings to consider said application; and WHEREAS, the Planning Commission, upon giving the required notice, did on the I01h day of November, 2009, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 09-5340 recommending approval to the City Council; and WHEREAS, the City Council did, on the 191h day of January, 2010, 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: 1. The applicants are proposing to rezone the subject properties from "Single -Family Residential" (R-1) to "Office -Professional" (O-P). 2. Approval of the zone change will establish a consistency between the General Plan designation and zoning designation of the subject properties. 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 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. 2203 Zone Change No. 09-02 Page 2 4. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the proposal is considered to be categorically exempt 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. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The subject properties currently are zoned "Single -Family Residential" (R-1). The applicants are proposing to rezone the properties to "Office -Professional" (O-P). Rezoning the properties will establish a consistency with the current General Plan designation of "Offices".. Rezoning the properties will also establish a consistency between the zone designation and the actual land use of the properties. b. The proposed zone change will not adversely affect adjoining property as to value or precedent and will not be detrimental to the surrounding area. Surrounding land uses include apartment buildings to the north and west, an elementary school to the south and offices to the east. The properties to the north and west are zoned "Multiple -Family Residential" (MF-20). The elementary school to the south is zoned "Single -Family Residential" (R-1). The properties to the east are located in the City of Covina and are developed with offices. c. The proposed zone change is compatible with the surrounding area and 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 comprehensive General Plan, but rather establish a consistency between the General Plan designation and zoning designation of the subject properties. e. The proposed zone change from "Single -Family Residential" (R-1) to `Office - Professional" (O-P) will establish a consistency with the General Plan designation of "Offices". 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. 09-02 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 Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the proposal is considered to be categorically exempt 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. SECTION NO. 3: The Planning Commission does hereby recommend to the City Council that it approval of Zone Change No. 09-02 (Exhibit "A"). APPROVED AND ADOPTED on this 2nd day of February, 2010. AT ST: City Clerk Laurie Carrico ayor Shelley Sanderson Ordinance No. 2203 Zone Change No. 09-02 Page 3 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 19`h day of January; 2010. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2°d day of February, 2010, by the following vote: AYES: Herfert, Lane, :Sanderson NOES: None ABSENT: Hernandez, Touhey ABSTAIN: None 'City Clerk Laurie Carrico APPROVED AS TO FORM: J 'A lkzl- Ulty Attorney old Alvarez-Glasman Ordinance No. 2203 Zone Change No. 09-02 Page 3 ZONE CHANGE NO. 09-02 EXHIBIT A Indicates area proposed to be rezoned from "Single -Family Residential" (R-1) to "Office -Professional" (O-P) CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do hereby certify that true and accurate copy of Ordinance No. 2203 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Clerk's Office (3ra floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) usan Rush, Assistant City Clerk Posted: U