Ordinance - 1949I
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ORDINANCE NO. 1949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE
OFFICIAL ZONING MAP (ZONE CHANGE NO. 644).
WHEREAS, the City Council initiated a request for development of a park master
plan and required zone change for the reclassification from"
"Single -Family Residential (R-1), Area District III, Hillside Overlay" to
"Open Space" (Exhibit 1)
on that certain property generally described as follows:
Assessor Parcel No. 8277-030-900, as shown on the latest rolls of the
Los Angeles County Tax Assessor; and
WHEREAS, the Planning Commission, upon giving the required notice, did on
the 11th day of October, 1994, conduct a duly advertised public hearing to consider
said application; and
WHEREAS, at said hearing, the Planning Commission adopted Resolution No.
19-94-4254 recommending that the City Council approve Zone Change No. 644; and
WHEREAS, the City Council, upon giving the required noticed, did on the 1st day
of November, 1994, conduct a duly advertised public hearing as prescribed by law to
consider said application; and
WHEREAS, the City Council has considered evidence presented by the Planning
Department, Human Services Commission, Planning Commission, and other interested
parties at said public hearing held on November 1, 1994; 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 zone change from "Single -
Family Residential (R-1), Area District III, Hillside Overlay" to "Open
Space."
2. This zone change application is submitted in conjunction with a request
for a Park Master Plan to allow for the development of a public park.
3. The proposed zone change is consistent with the General Plan Land Use
designation of "Parks" and the East Hills Specific Plan designation of
"Parks."
4. Findings necessary for approval of a 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.
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Ordinance No.
Heritage Gardens Zone Change No. 644
November 15, 1994 - Page 2
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 zone change is consistent with the General
Plan of applicable specific plans.
5. An initial study has disclosed that although the project could have a
significant effect on the environment, there will not be a significant effect
in this case because mitigation measures have been incorporated into the
project's design and as conditions of approval. A Negative Declaration of
Environmental Impact has been prepared for the proposed project
pursuant to the requirements of the California Environmental Quality Act
(CEQA) of 1970, as amended.
WHEREAS, based on the evidence presented to the City Council, both oral and
documentary, the City Council finds as follows:
a. The subject property was purchased from the school district by the City
in 1975 with the expressed purpose of developing a park on the property.
In 1977 the General Plan Land Use Designation was changed to "Parks"
in order to allow for the future development of the park site. The zoning
on the property has remained residential as the City did not pursue
development of the park site until recently. The zone change is now
necessary to implement the goals and policies of the General Plan of the
City for the park development.
b. The proposed change of zone will not adversely affect adjoining
properties in that the proposed development is consistent with the
General Plan Land Use Designation of "Parks" which has been in place
since 1977. The majority of the surrounding residences on the south,
east, and west were built after 1977. The zone change will facilitate the
development of the park site which has been planned for the site for
approximately 17 years. The proposed park development is sensitive to
the surrounding residential land uses which is demonstrated by the
provision of decorative security fencing, landscaped setbacks, and the
preservation of the natural amenities and appearance of the site. In
addition to design elements, the hours of park usage will primarily be
restricted to dawn to dusk with few exceptions. The design of the
proposed park development incorporates elements such as decorative
security fencing, decorative landscaping along the street, and limited
lighting which limit the impact on surrounding properties. Development of
the park project will benefit the City and vicinity and will not adversely
affect adjacent properties.
C. The proposed change of zone is in the interest of public health, safety and
general welfare as the site has been planned for a park for approximately
17 years during which time the population of the City has increased by
approximately 25,000 people resulting in a comparable increased demand
for parks. Since 1977, the majority of park improvements have occurred
in the south part of the City (Woodside Village) with little or no new park
improvement in the northern half of the City. Development of the San
Jose Hills, around the park site, has occurred since the approval of the
development in 1978. The proposed park site is intended to provide an
alternative to the recreational opportunities found in nearby Cortez Park.
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Ordinance No.
Heritage Gardens Zone Change No. 644
November 15, 1994 - Page 3
In general, the growth and development of the city has resulted in a
decrease in large sites that represent natural characteristics and glimpses
into the City's past. The proposed park development represents a link to
the City of West Covina's heritage by the preservation of the 1912
Craftsman house and the preservation and enhancement of the streamed
and oak/walnut woodland.
d. The granting of this zone change will not adversely affect the General
Plan, but will be consistent with the General Plan designation of "Parks"
which has been in place for approximately 17 years. Additionally, the
Zone Change will aid in the implementation of the general plan by
increasing the amount of improved park space available in the City
thereby providing recreational (primarily passive recreational activities)
opportunities to the residents in the area.
e. The proposed change of zone from "Single -Family Residential (R-1), Area
District III" to "Open Space" is consistent with and implements the
General Plan and East Hills Specific Plan designations of "Parks."
NOW, THEREFORE, the City Council of the City of West Covina, California,
does ordain as follows:
SECTION NO. 1: Based on the evidence presented, both oral and documentary,
and the findings set forth above, Zone Change No. 644 is hereby found to be
consistent with the City's General Plan and appropriate for the proposed
development and the land uses permitted within said zone classification.
SECTION NO. 2: A Negative Declaration of Environmental Impact has been
prepared in accordance with the California Environmental Quality Act of 1970,
as amended.
SECTION NO. 3: The City Council does hereby approve Zone Change No. 644
(Exhibit 1).
SECTION NO. 4: 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 15th day of November, 1994.
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Ordinance No. 1949
Heritage Gardens Zone Change No. 644
November 15, 1994 - Page 4
ATTEST:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS
CITY OF WEST COVINA )
I, JANET BERRY, City Clerk of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 1949 was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 1st day of November. That,
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the
City Council on the 15th day of November by the following vote, to wit:
AYES: Manners, Touhey, Wong, Herfert, McFadden
NOES: None
ABSENT: None
APPROVED AS TO FORM:
Ui'.Q a,�e�!� W , QclAan
City Attorney
0908-94/C: C C/H E R IG2 N D.OR D/B D/srg
City Clerk