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Ordinance - 2138ORDINANCE NO. 2138 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 05-07 WHEREAS, Cortez Park Master Plan Amendment No. 8 incorporates the subject • property into Cortez Park, it is proposed that the zoning be reclassified from: "Residential -Agricultural" (R-A) to "Open Space" (O-S) on that certain property generally described as follows: Assessor Parcel No. 8479-022-904, 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 14`h day of June, 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. 05-5029 recommending approval to the City Council; and WHEREAS, the City Council did, on the 21" day of June, 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. WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: The City is requesting a zone change from "Residential -Agricultural' (R-A) to "Open Space" (O-S). 2. 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. • 3. 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. 2138 Zone Change No. 05-07, Cortez Park July 5, 2005 WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The site is currently zoned "Residential -Agricultural" (R-A). The City is requesting to change the zoning to "Open Space" (O-S) to incorporate 421 • S. Citrus Street into Cortez Park. Cortez Park Master Plan Amendment No. 8 will guide future improvements to the park. The subject property is unique in that it is currently owned by the City. • b. Approval of this request will allow the incorporation of the property into Cortez Park. The proposed zone change will not adversely affect adjoining property or be detrimental to the area as Cortez Park is a community park, which provides recreational opportunities within the eastern part of the City. C. Currently the site is not within the area of Cortez Park. The proposed zone change would be in the interest or furtherance of the public health, safety, and general welfare in that the area can be incorporated into the park site. 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. 05-07 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 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 approve Zone Change No. 05-07 (Exhibit "A") to reclassify the zoning from "Residential -Agricultural" (R-A) 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 5`h day of July 2005 ATTEST: Cr� City Clerk Laurie Carrico Mayor Shelley Sanderson 2 Ordinance No. 2138 Zone Change No. 05-07, Cortez Park July 5, 2005 • 0 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 21" day of June 2005. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5`h day of July 2005, by the following vote: AYES: Herfert, Hernandez, Miller, Wong, Sanderson NOES: None ABSENT: None ABSTAIN: None /�'✓ -'� City Clerk L urie Carrico(/ APPROVED AS TO FORM: City Attorney old Alv rez-Glasman 40 i ZONE CHANGE NO.05-07 EXHIBIT A 320 F11,11 3 1 400 , N 1. ; 2707 % 2053 2641 404 2633 1 , MS I25\1 2e52 01 too Got Q 000 Got - aoo Got 09 boo coo 008 coo r�M GOa toe I7.y Ole 015 = 014 015 I Z 014 015 a j \ J 022 11 e20 a21 23q e a o19 cis EUIRKWOODST en 20 028 020 ` I51P 2515 2531 1546 2351 5 e32 1 2002 2612 2618 "a530 03 2702 , tl 533 _ 11 ''7��' 21 2an5 20 2621 W:2/t e45 640\ e44 % 2514 1510 1518 2532 2546 2619 \\ -.. 641 \ Sena �; t` 514 2031 2539 2047 2703 26U2 �621 E COR'r ST 2008 2a1G 2018 202a IO50 2'2603 l_ 2813 2a10 2e10 H103441 46 2703 2 • Indicates area proposed to be rezoned from "Residential -Agricultural" (R-A) to "Open Space" (O-S)