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Ordinance - 2132ORDINANCE NO. 2132 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 05-04 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: a proposal to reclassify the westerly portion of Galster Park from "Multiple -Family Residential-8 Dwelling Units per Acre" (MF-8) to "Open Space" (O-S) on that certain property generally described as follows: Assessor Parcel No. 8493-003-911, 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"Open Space'; 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 12`h day of April, 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. 05-5006 recommending approval to the City Council; and WHEREAS, the City Council did, on the 19`h day of April, 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 City is requesting to change the zoning to "Open Space" (O-S) to provide appropriate zoning for the subject portion of Galster Park. 2. Approval of the zone change will allow the development of the entire park through the Galster Park Master Plan. 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. 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. Ordinance No. 2132 May 3, 2005 • is WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The site is currently zoned "Multiple-FamilyResidential-8 Dwelling Units per Acre" (MF-8). The area is outside the fenced area of the park. The City is requesting to change the zoning to "Open Space" (O-S). Galster Park Master Plan will guide future improvements to the park. The subject property is unique in terms of elevation and topography from surrounding properties. b. The proposed zone change will not adversely affect adjoining property or be detrimental to the area as Galster Park is a wilderness park, which provides a nature experience within a dense residential area. C. The proposed zone change would be in the interest or furtherance of the public health, safety, and general welfare by providing that the area can be developed in the future for park purposes. 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. The proposed zone change does not affect the existing density. e. The subject site has a General Plan Designation of "Open Space." The proposed zone change does not change the existing density. 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 NO. 1: Based on the evidence presented, and the findings set forth, Zone Change No. 05-04 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 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 NO. 3: The Planning Commission does hereby recommend to the City Council that it approve Zone Change No. 05-04 (Exhibit "A") to reclassify the zoning from "Multiple -Family Residential-8 Dwelling Units per Acre" (MF-8) to "Open Space" (O-S). SECTION NO. 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 3`d day of May 2005. ATTEST: � .'i City Clerk L urie Carrico Mayor Shelley Sanderson 2 Ordinance No.2132 May 3, 2005 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 I9`h day of April 2005. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 3`d day of May 2005, by the following vote: AYES: Hernandez, Miller, Wong, Sanderson NOES: None ABSENT: Herfert ABSTAIN: None APPROVED AS TO FORM: 4L$A6 J 41 Ci Attorney Arno d Alvarez-Glasman 0 L City Clerk Laurie Carrico • ter. rr "w n Nq CT ;�593p ZONE CHANGE NO.05-04 EXHIBIT A a �r GALSTER WILDERNESS PARK GALSTER WILDERNESS PARK Q S Indicates area proposed to be rezoned from "Multi -Family" (MF-8) to "Open Space" (O-S)