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Home My WebLink AboutORD 1507 ORDINANCE NO. 1507 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING THE CITY'S ZONING MAP LAND USE DESIGNATION FROM SINGLE FAMILY TO OPEN SPACE TO FACILITATE THE EXPANSION OF BARNES PARK (LOCATION: 3301 PATRITTI AVENUE; ASSESSOR'S PARCEL NUMBER: 8550-004-001; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AGP- 23-01 AND Z 23-01) WHEREAS, the City Council did, on the 2nd day of August 2023, adopt Resolution No. 2023-027 to formally initiate a zone change for 3301 Patritti Avenue (Assessor's Parcel Number 8550-004-001); and WHEREAS, The Planning Commission, upon giving the required notice, did on the 28th day of June 2023, conduct a duly noticed public hearing to consider said application and adopted Planning Commission Resolution PC 23-15 recommending the approval of Zone Change Z 23-01; and WHEREAS, the City Council did, on the 2nd day of August, 2023, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Division, and other interested parties; and WHEREAS, 3301 Patritti Avenue is the only lot on the south side of Patritti Avenue zoned as R-1.; and WHEREAS, approval of the zone change will make the zoning designation of the subject lot consistent with the Open Space (OS)zoning designation of the adjacent lots to the west; and WHEREAS, there are changed conditions since the existing zoning became effective to warrant different zoning. WHEREAS, the proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area. WHEREAS, a change of zone will be in the interest or furtherance of the public health, safety, and general welfare. WHEREAS, the approval of such a change of zone will not adversely affect the comprehensive General Plan so adopted by the City. WHEREAS, the approval of such a zone change is consistent with the General Plan or applicable specific plans. WHEREAS,this ordinance is not subject to the California Environmental Quality Act(CEQA) per Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to activity that results in direct or reasonably foreseeable indirect physical change in the environment and for activity considered to be a project, respectively. The zone change would not result in physical change in the environment because it would simply make the zoning designation of the subject lot consistent with the zoning of the adjacent lots, and any reasonably foreseeable 1 construction pursuant to the authority in the zone change would not have a significant effect on the environment. Furthermore,the proposal does not involve any construction or additions to the existing structures on the site. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, and the evidence and records presented, the City Council determines the public health, safety and general welfare of the City, its residents, and property owners can benefit by amending the Baldwin Park Municipal Code (BPMC). The City Council further finds and determines that: a) That applications ("Applications") for a Zone Change and an Amendment to the Land Use Element of the General Plan was submitted for certain real property, located at 3301 Patritti Avenue, in the City of Baldwin Park, described more particularly in the Application on file with the Planning Division; and b) That the Applications sought approval of a Zone Change to change the land use designation from Residential to Park Space to facilitate the expansion of existing public park (Barnes Park) and related improvements; and c) The proposed Project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Article 19, Class 4, Section 15304 (Minor Alterations to Land) of the CEQA Guidelines. The proposed General Plan Amendment and Zone Change of the subject parcel will ensure that the land remains an open space resource to the community. i. An Initial Study/Mitigated Negative Declaration for the park improvements was prepared in August 2022 and circulated for public review on October 11, 2022, through November 10, 2022. The project analyzed the park expansion, demolition of certain facilities as well as the new improvements at the park. As such, the General Plan Amendment and Zone change is consistent with the certified IS/MND, State Clearinghouse No. 202210008 filed with State of California Governor's Office of Planning and Research CEQAnet Web Portal. d) A duly noticed public hearing was held on June 28, 2023, and the Planning Commission has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing. SECTION 2. In accordance with Section153.210.750 of the Baldwin Park Municipal Code, it is found that the project would not unreasonably interfere with the use or enjoyment of property in the vicinity, and would not adversity affect the public peace, health, safety or general welfare, the City Council hereby recommends approval and adoption of said Zone Change based on the following findings: The amendment is consistent with the goals, policies, and objectives of the General Plan. 2 The general plan amendment for the subject parcel would be consistent with the goals, policies and objectives of the General Plan in that it would allow for the expansion of an existing public park. Specifically,the general plan amendment, which consists of changing the land use designation from Single-Family Residential (SFR) to Open Space, is consistent with the following: Land Use Element Goals and Policies: Stormwater Runoff Control: As described in the Open Space/Conservation Element, reducing further degradation of surface water bodies is a key regional goal. Baldwin Park participates in the Los Angeles County National Pollutant Discharge Elimination System (NPDES) permit program toward this end. Goal 18.0 - Minimize the impact of new developments on regional water quality. Policy 18.1 - Evaluate development projects for compliance with NPDES requirements, aiming toward reducing pollutant loads in stormwater runoff, minimizing impervious surface areas, and minimizing peak flows. Open Space and Conservation Element Goals and Policies: Goal 1.0- Provide and maintain adequate parks and open space. Policy 1.1 - Preserve all existing park space and provide improvement to enhance utilization. Goal 3.0-Ensure that parks are accessible and safe for their users and compatible with adjacent residences and commercial uses. Policy 4.1 - Pursue the utilization of various state and county funding mechanisms to provide additional funding resources. Goal 5.0-Conserve and protect groundwater supply and water resources. Policy 5.4 - Continue enforcement of municipal National Pollutant Discharge Elimination System (NPDES) Permit to protect water quality within the San Gabriel River watershed. (b) The amendment will not adversely affect surrounding properties. The general plan amendment would allow the vacant property to be integrated and improved as a public park. The improvement of this vacant property would expand the existing public park and provide active and passive recreational opportunities for City and surrounding residents. (c) The amendment promotes public health, safety and general welfare. The General Plan amendment would promote the public health, safety and general welfare of the City as a whole because it would provide for the improvement of vacant property for public park uses. The inclusion of the vacant parcel to expand the existing public park will provide an opportunity to redesign the layout of the immediate area for additional recreational uses, such as a Universal playground,two basketball courts, shade structures, dog park area and improved safety LED lights and landscaping. The expanded park facility will provide recreational opportunities to the residents and enhance amenities that contribute to public health and community wellness. 3 (d) The amendment serves the goals and purposes of the zoning code. The General Plan amendment in conjunction with the proposed zone change would be consistent with the goals of the General Plan as stated in Finding No. 1 and the primary goal of the zoning code, which aims to provide for the orderly development of the City. SECTION 3. Based on the aforementioned findings, the Planning Commission does hereby recommend to the City of Baldwin Park City Council approval of the Zone Change No. 23-01 amending the Zoning Map from "Residential" to "Open Space" for the property located at 3301 Patritti Avenue, APN No. 8550-004-001, SECTION 4. The Secretary shall certify the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. PASSED AND APPROVED ON THE 16th DAY OF AUGUST 2023 EMMANUEL J. S RADA, MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, 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 August 2, 2023. Thereafter, said Ordinance No. 1507 was duly approved and adopted at a regular meeting of the City Council on August 16, 2023 by the following vote: AYES: COUNCILMEMBER AVILA, AYALA, DAMIAN, ESTRADA NOES: COUNCILMEMBER NONE ABSENT: COUNCILMEMBER NONE ABSTAIN: COUNCILMEMBER NONE oz--\.. .,----- CHRISTOPHER SAENZ CITY CLERK APPROVED AS TO FORM: • ____ MA CO A. MARTI EZ 1 CIT ATTORNEY 4 EXHIBIT A w lit .,.-.)5. . Subject Site kli li 4, , 1 .,. .. ‘,.., .: .,,. 4.' ., .. . sat no;P411 r; 4113[11.4r1k4Taly .4 ..; .43 4*. 0 ''‘ i.; 1:Y .i -:.- •: ,,, ,.., ....11: f', ...,1 ..-„, ,t - 0 Indicates the area to be changed from "Residential"to "Open Space" 5