Ordinance - 2186ORDINANCE NO. 2186
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.07-03
ZONE CHANGE NO.07-03
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Hsin Jen Hou
LOCATION: 4101 & 4111 S. Nogales Street
WHEREAS, there was filed with this Council a verified application on the forms
prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the
reclassification from:
"Single -Family Residential" (R-1) to "Multiple -Family Residential" (MF-20) for the flag
lot portion of the lot and "Single -Family Residential" (R-1) to "Office Professional" (O-P) for
the remaining portion of the lot
on that certain property generally described as follows:
Assessor Parcel No. 8725-001-021, in the records of the Los Angeles County Assessor;
and
WHEREAS, consistent with the request, the applicant has also requested a General Plan
amendment from "Low Medium Residential" (4.1 to 8.0 dwelling units per acre) to "Medium
High Density Residential" (15.1-20 dwelling units per acre) for the flag lot portion of the lot and
"Low Medium Residential" (4.1 to 8.0 dwelling units per acre) to "Office Professional" (O-P);
and
WHEREAS, the proposed zone change is requested to provide consistency between the
General Plan and Zoning Map, and to establish zoning standards for the subject project; and
WHEREAS, said zone change application is requested to allow for the development of 33
attached condominium residential units and a two-story retail building; and
WHEREAS, a precise plan for the site plan and architecture has been submitted for the
development of the condominium project and for a retail building; and
WHEREAS, a tentative tract map has been submitted, for the subdivision of the lot to
allow 33 condominiums on the majority of the lot and combine a small portion of the lot with the
neighboring lot to the east; and
WHEREAS, variances have been submitted to deviate from code requirements including,
maximum ground coverage, required recreation leisure space, recreation -leisure space with a
minimum dimension of 75 feet, the number of covered parking spaces, dimension of covered
parking spaces, and second story rear setback for the retail building; and
WHEREAS, it is a stated goal of the Housing Element of the General Plan "to provide all
residents of West Covina with opportunities to live in decent, safe, sanitary and energy efficient
housing at costs they can reasonably afford"; and
WHEREAS, it is a stated goal of the Housing Element of the General Plan to "encourage
the construction of a wide variety of new housing to meet the needs of all residents"; and
WHEREAS, it is a stated goal of the Housing Element of the General Plan to "identify all
sites, vacant or developed, with a potential for residential development, and encourage their
efficient and attractive use"; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 11 cn
day of November, 2008, conduct a duly noticed public hearing to consider the subject application
for a Zone Change, at which time the Planning Commission adopted Resolution No. 08-5309
recommending approval to the City Council; and
Ordinance No. 2186
WHEREAS, the City Council did, on the 16th day of December, 2008, 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 applicant is requesting approval of a design to allow for the construction of a
33-unit condominium development.
2. The applicant is also requesting approval of a design for the construction of a 5,160-
square foot retail building.
3. The project consists of a zone change requesting to change the zone from
"Single -Family Residential" (R-1) to "Multiple -Family Residential" (MF-20) for
the flag lot portion of the lot and "Single -Family Residential"' (R-1) to "Office
Professional" (O-P) for the remaining portion of the lot
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.
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.
5. Pursuant to the requirements of the California Environmental Quality Act (CEQA)
of 1970, a NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT has
been prepared indicating that although the project could have a significant effect on
the environment, there will not be a significant effect due to mitigating measures.
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as
follows:
a. The proposed zone change facilitates the development of a condominium project
that will be consistent in density with the neighboring apartment complex to the
south of the subject property. Further, the zone change facilitates the
development of a retail building in conjunction with an existing office building on
the lot adjacent to the east. The existing zoning allows for single-family
residential development. The subject property is located on principle arterial that
is not cohesive to single-family residential development. Surrounding land uses
include apartment complexes, office as well as single-family residences.
b. The proposed zone change will not adversely affect adjoining property value and
will not be detrimental to the area because the size of the property is significantly
larger than surrounding properties. The proposed development is a residential and
commercial development that has been designed to be sensitive to neighboring
single-family properties in terms of setbacks and privacy issues.
C. The proposed zone change is compatible with the surrounding area in that the
subject property is located in an area with other multi -family housing
developments and commercial retail and office developments.
2
Ordinance No. 2186
d. The proposed zone change will not adversely affect the General Plan as
consistency between the General Plan and the Zoning Map will be maintained
through the proposed General Plan amendment. The concurrent General Plan
amendment allows for developments. with a maximum of 20 dwelling units per
acre.
The approval of such zone change is consistent with the proposed General Plan
land use designation of "Medium -High Density Residential" and "Offices." That
proposed residential land use designation allows for densities from 15.1 to 20
units per acre. The proposed office land use designation allows for convenience
retail uses. There are no specific plans that affect the property.
NOW, THEREFORE, the City Council of the City of West Covina, California, does
resolve as follows:
SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above
Zone Change No. 07-03 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 City Council does hereby recommend to the City Council that it
approve Zone Change No. 07-03, changing the zoning designation for subject property as
set forth on Exhibit A, and amending the Zoning Map of the City of West Covina.
SECTION NO. 4: The Secretary is instructed to forward a copy of thisf�rdi nanceto the
City Council for its attention in the manner prescribed by law.
SECTION NO.5: The City Clerk shall certify to the passage of this ordinance.
APPROVED AND ADOPTED on this 6th day of January 2009.
i
AT ST: Mayor Roger Hernandez
City Clerk L rie rarrico
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 161h day of December 2008. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 6th day of
January 2009, by the following vote:
AYES: Herfert, Lane, Sanderson, Touhey
NOES: Hernandez
ABSENT: None
ABSTAIN: None
City Clerk ,curie Carrico-
APPROVED AS TO FORM:
,J—_
City Attorney Arnold Alvarez-Glasman
Ordinance fw,f>2186
ZONE CHANGE NO.07-03
EXHIBIT A
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"Single -Family Residential" to 11 Multiple -Family Residential
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Indicates area proposed to be rezoned from
"Single -Family Residential" (R-1) to "Multiple -Family Residential" (MF-20) for the flag
lot portion and "Single -Family Residential" (R-1) to "Office Professional" (O-P) for the
remaining portion of the lot
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2186 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3rd floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Susan Rush, 4ssistant City Clerk
Posted: January 15, 2009