Ordinance - 1876•
•
ORDINANCE NO. 1876
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING WOODSIDE VILLAGE MASTER
PLAN AMENDMENT NO. 4, (LAND USE ELEMENT) TO THE WOODSIDE
VILLAGE MASTER PLAN. (UBS PARTNERS)
WHEREAS, there was filed with the City of West Covina a
request to consider amending the Woodside Village Master Plan Land
Use Designation from:
"Elementary School/Neighborhood Park"
"Residential"
on a 5.5± acre site generally described as follows:
IN THE CITY OF WEST COVINA, COUNTY OF LOS ANGELES,
OF CALIFORNIA BEING ALL OF PARCEL 2 OF PARCEL MAP
RECORDED IN BOOK 220, PAGE 15 AND 16 OF PARCEL
RECORDS OF SAID COUNTY AND A PORTION OF LOT 35 OF
NO. 31147 RECORDED IN BOOK 863 - PAGES 62, 63 AND
MAPS, RECORDS OF SAID COUNTY; and
STATE
19882,
MAPS,
TRACT
64 OF
WHEREAS, the Planning Commission upon giving the required
notice, conducted a duly advertised public hearing as prescribed by
law on the 7th day of November, 1990, and finally continued to the
6th day of February, 1991, to consider said application; and
WHEREAS, by letter dated January 7, 1991, the California
Department of Health Services through its director, Dr. Kenneth W.
Kizer, formally advised the Planning Director of the City of West
Covina that the 2,000 foot radius for the purposes of designating
property as "border zone" should be measured from the limits of the
BKK Closure Plan Boundaries and not from the limits of the
Historical Class I BKK Disposal Area and that further said letter
advised the City that prior to construction of any residential
dwelling the Developer would have to apply for a border zone
property determination in accordance with the provisions of
California Health and Safety Code Section 25221(a); and
WHEREAS, the oral and documentary evidence considered in connection
with the application reveal the following facts:
1. The applicant is requesting approval of a Master Plan Amend-
ment from "Elementary School/Neighborhood Park" to "Residen-
tial;"
2. It was determined that this site, which is presently
designated for the development of an Elementary School and
Park, was not necessary to meet the educational and
recreational needs of the Woodside Village community and
school district;
3. The existing zoning designation of "Planned Community Develop-
ment No. 1 (PCD-1)" is consistent with the proposed Woodside
Village Master Plan Amendment;
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Ordinance No. 1876
WOODSIDE VILLAGE MASTER PLAN No. 4
March 11, 1991 - Page 2
4. The applicant has concurrently submitted applications for a
general plan amendment, tentative tract map and development
plan for the construction of 25 single-family homes. This
request is dependent upon the approval of General Plan
Amendment No. IB-91-7;
5. An initial study prepared for the subject project has dis-
closed that the proposed project could have a significant
effect on the environment. In 1989, a Final Environmental
Impact Report was certified for development of this site as an
office building. Based on the results of the initial study,
it was determined that a supplement to the previously certi-
fied Environmental Impact Report would adequately address the
potential environmental effects that may result from the
current proposal. Therefore, a supplement to the previously
certified EIR (SEIR) was prepared pursuant to the California
Environmental Quality Act of 1970, as amended. The SEIR
concluded that with the implementation of mitigation measures
and conditions of approval, all potential environmental
impacts can be reduced to a level of insignificance;
WHEREAS, the Planning Commission adopted Resolution No.
2-91-3930 recommending to the City Council adoption of Woodside
Village Master Plan Amendment No. 4; and
WHEREAS, on March 11, 1991, the City Council conducted a duly
advertised public hearing to consider Woodside Village Master Plan
Amendment No. 4; and
WHEREAS, based on the evidence presented to the City Council,
both oral and documentary, the City Council finds as follows:
1. The proposed Woodside Village Master Amendment is consistent
with the adopted elements of the General Plan;
2. The proposed amendment would allow for the orderly development
of a presently vacant site, which would otherwise remain
underutilized;
3. The proposed amendment is in the interest of public health,
safety and general welfare as it will provide additional
housing to meet regional and local need. Additionally, the
proposed project and improvements are not likely to cause
serious health problems as provisions have been made to allow
each lot access to a public sanitary sewer system and all
applicable public health and building codes shall be adhered
to. Careful monitoring of all air and water emissions from
the BKK landfill will continue to ensure the safety of all
surrounding residential development.
NOW, THEREFORE, the City Council of the City of West Covina, •
California, does resolve as follows:
SECTION NO. 1: Based on the evidence presented and the
findings set forth, the above Woodside Village Master Plan
Amendment No. 4 is
City's General Plan
ment concept and thi
designation.
hereby found to be consistent with the
and appropriate for the proposed develop-
: land use permitted within said land use
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Ordinance No. 1876
WOODSIDE VILLAGE MASTER PLAN No. 4
March 11, 1991 - Page 3
SECTION NO. 2: The City Council does hereby adopt Woodside
Village Master Plan Amendment No. 4, subject to the following
conditions:
• a. In the event that the property which is the subject
matter of this application is determined by
appropriate survey to be within 2,000 feet of the
limits of the Closure Plan boundaries, applicant
shall, pursuant to California Health and Safety
Code §25221, make application to the California
Department of Health Services prior to the issuance
of any building permits for a determination as to
whether the property should be designated "border
zone property". In the event the Department of
Health Services makes the decision that the
property in question should be designated "border
zone property and further if applicant does not
obtain a variance from said decision pursuant to
the Health and Safety Code Section 25233 then said
Woodside Village Master Plan Amendment No. 4 shall
be null and void and said land use designation
shall automatically revert to that designation in
existence prior to this application for Woodside
Village Master Plan Amendment No. 4.
b. In addition applicant agrees to and hereby does
indemnify and hold the City, its offices, agents
and employees harmless from any loss, damage, claim
or liability including court costs and reasonable
attorneys' fees, resulting from, arising out of, or
in any way connected with any existing or potential
hazard to public health and safety on the subject
property where such hazard results from and arises
out of or is any way connected with the proximity
of the subject property to the BKK Landfill. In
addition to any rights or remedies that the City
may have, applicant shall reimburse the City, on
demand, for any payment made by the City at any
time after the date hereof with respect to any such
loss, damage, claim or liability.
SECTION NO. 3: The City Clerk shall certify to the passage
of this Ordinance and shall cause the same to be published as
required by law.
PASSED AND APPROVED this 25 day of Marc ,1991.
Mayor
ATTEST:
City Clerk Ja t Berry
0184-91/C:CC/em
Ordinance No. 1876
WOODSIDE VILLAGE MASTER PLAN No. 4
March 11, 1991 - Page 4
I, Janet Berry, City Clerk of the City of West Covina, do hereby
certify that the foregoing Ordinance No. 1876 was regularly
introduced and placed upon its first reading at a regular meeting
• of the City Council on the 12 day of March, 1991. That,
thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the 25th day of March, 1991,
by the following vote, to wit:
AYES: Herf ert, Jennings, Manners, McFadden, Tarozzi
NOES: None
ABSENT: None
U
City Cler
APPROVED AS TO FORM:
�W CSC'•
'Llity Attorney
0184-91/C:CC/em
•
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Ordinance No. 1876
WOODSIDE VILLAGE
MASTER PLAN AMENDMENT
MPA NO. 4
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INDICATES SITE OR AREA, RECLASSIFIED
FROM: ELEMENTARY SCHOOL/NEIGHBORHOOD PARK
TO: RESIDENTIAL
CERTIFICATION
I, JANET BERRY, Deputy City Clerk of the City of West Covina, State
iof California, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the San
Gabriel Valley Tribune, a newspaper of- general circulation
published and circulated in the City of West Covina.
Janet erry, City Clerk
City of West Covina, California
DATED: x /e
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