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Resolution - 2006-26RESOLUTION NO.2006-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING ZONE CHANGE NO.05-10 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 to establish a zoning designation • of: "Public Building" (P-B) on that certain property generally described as follows: Assessor Parcel No. 8725-005-906, as shown on the latest rolls of the Los Angeles County Tax Assessor; and WHEREAS, the requested Zone Change has been proposed in conjunction with the pending annexation of Nogales High School into the City of West Covina; and WHEREAS, consistent with this request, the applicant has also requested a General Plan amendment to establish a designation as "Public Facilities, High School"; and WHEREAS, the Planning Commission upon giving the required notice did on the 14`h day of February, 2006, and the 28`h day of February, 2006, conduct duly advertised public hearings as prescribed by law to consider said application. WHEREAS, the Planning Commission did adopt Resolution No. 06-5111 recommending denial of the Zone Change; and WHEREAS, on March 3, 2006, an appeal of the Planning Commission action was filed by Ronald Vera; and WHEREAS, the City Council did, on the I lth day of April, 2006, 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: The subject property is currently located within unincorporated Los Angeles County, and is zoned "A-1, 6,000," (Light Agriculture). 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 0 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. The project is a Categorical Exemption, Class 19 (Section 15319: Annexation of Existing Facilities and Lots for Exempt Facilities) since the project consists of the annexation of a 47-acre school campus into the City of West Covina pursuant to the requirements of the California Environmental Quality Act of 1970 (CEQA). Resolution No. 2006-26 April 11, 2006 • WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: c. The proposed zone change would allow for the annexation of the Nogales High School campus into the City of West Covina. The annexation of the campus into the City of West Covina would have a negative impact on public safety in the existing parts of the City by requiring that Police resources be reallocated to the annexed area. c. The proposed use will require additional City services, but will not produce sufficient offsetting property tax revenue to the City. 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. 05-10 is hereby found to be inappropriate. SECTION NO. 2: The project is a Categorical Exemption, Class 19 (Section 15319: Annexation of Existing Facilities and Lots for Exempt Facilities) since the project consists of the annexation of a 47-acre school campus into the City Of West Covina pursuant to the requirements of the California Environmental Quality Act of 1970 (CEQA). SECTION NO.3: The City Council denies Zone Change No. 05-10. SECTION NO. 4: The City Clerk shall certify as to the passage of this resolution. PASSED AND APPROVED on this I 11h day of April 2006. ATTEST: I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing resolution was duly adopted by the City Council of the City of West Covina, California, at a special meeting thereof held on the 11`h day of April 2006, by the following vote of the City Council: AYES: Lane, Touhey, Herfert NOES: Hernandez, Sanderson ABSENT: None ABSTAIN: None APPROVED AS TO FORM: City Attorney Amol Alvarez-Glasman J490', 4/k City Clerk Laurie Carrico 2