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01-06-2009 - Ordinance for Adoption - Ordinance Approving Zone Change #07-03City of West Covina Memorandum TO: FROM: Andrew G. Pasmant, City Manager and City Council Susan Rush Assistant City Clerk AGENDA ITEM NO. n-3 DATE: January 6, 2009 SUBJECT: ORDINANCE FOR ADOPTION ORDINANCE APPROVING ZONE CHANGE NO. 07-03 RECOMMENDATION: It is recommended that the City Council adopt the following ordinance: � ORDINANCE NO. /yci6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.07-03 DISCUSSION: This ordinance was introduced at the City Council meeting of December 16, 2008. This ordinance will create a zone change from "Single -Family Residential" (R-1) to "Multiple -Family Residential" (MF-20), and from "Single -Family Residential" (R-1) to "Office Professional" (O- P) in the project location at 4101-4111 S. Nogales Street for the construction of a 33-unit condominium project and a 5,160 square foot two story commercial building. This ordinance will become effective on February 5, 2009, thirty days after its adoption. Prepared b�{ Margaret Garcia Deputy Ci Clerk Approved by S san Rush Assistant City Clerk Attachment: No. 1 - Ordinance No. 2 — Staff Report E-1 dated December 16, 2008 C� • ATTACHMENT NO. l ORDINANCE NO. 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`h 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 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: 1. 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 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. C. 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 this Resolution to 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 Resolution. APPROVED AND ADOPTED on this 6th day of January 2009. ATTEST: City Clerk Laurie Carrico Mayor Roger Hernandez 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 16th day of December 2008. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 6rh day of January 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman City Clerk Laurie Carrico 3 • ATTACHMENT NO.2 City of West Covina Memorandum AGENDA TO: City Manager and City Council ITEM NO. E-1 . FROM: Jeff Anderson DATE: December 16,2008 Acting City Planner SUBJECT: GENERAL PLAN AMENDMENT NO.07-03 ZONE CHANGE NO. 07703 NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Hsin Jen Hou LOCATION: 4101 - 4111 S. Nogales Street RECOMMENDATION: Staff recommends that the City Council adopt the following resolutions: 1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO., 07-03, ZONE CHANGE NO: 07-039 PRECISE PLAN NO.07-08, PRECISE PLAN NO.08-06, TENTATIVE TRACT MAP NO. 70193, VARIANCE NO. 07-15, AND VARIANCE NO. 08-15 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED 2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, -APPROVING GENERAL PLAN AMENDMENT NO.07-03 Staff fiu-ther recommends that the City Council introduce the following ordinance: J 3) AN ORDINANCE OF THE CITY COUNCIL OF. THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 07-03 DISCUSSION: The request is to change the General Plan land use designation and zoning on a 114,999-square foot site to construct a 33-unit condominium project and a 5,160-square foot two-story commercial building located at 4101-4111 S. Nogales Street. The subject site is located on the west side of Nogales Street and is currently improved with a single family house on the property at 4101 S. Nogales Street and an office building at 4111 S. Nogales Street., On November 11, 2008, the Planning Commission approved precise plans, tentative tract map, and variances for the development of the 33-unit condominium project and a 5,160-square foot two-story commercial building, and also recommended approval of the General Plan amendment and zone change. For more detailed information, please refer to the Planning Commission staff report (Attachment 4). Z:\Case Files\PP\2007\PP 07-08 4101 Nogales (33 Unit Condo)\CC\Council Staff Report.doc GPA 07-03, ZC 07-03, PP 07-08,008-061 TTM 70193, Var. 07-15, Var. 08-15 • 4101 & 4111 S. Nogales Street December 16, 2008 - Page 2. Proposed Development The project requires the granting of the following entitlements: (1) A General Plan amendment to change the General Plan land use designation from "Low Medium Residential" (4.1-8.0 dwelling units per acre) to "Medium High Residential" (15.1-20 units per acre) and to "Offices". (2) A zone change from "Single -Family Residential" (R-1) to "Multiple -Family Residential" (MF-20), and "Office Professional" (O-P). (3) A precise plan for the development of the condominium project. (4) A precise plan for the development of a 5,160-square two story retail building. (5) A tentative tract map to reconfigure the property into 33 condominium units and commercial property. (6) A variance to deviate from the code requirements regarding maximum ground coverage, required recreation leisure space, recreation -leisure space with a minimum dimension of 75 feet, the number of covered parking spaces, and dimension of covered parking spaces for the condominium project. (7) A variance to deviate from code requirements regarding the rear setback for the residential building. The subject property is comprised of two lots, a 1.97-acre property developed. with a single- family house and a .67-acre property developed with an office building. The tentative tract map would reconfigure those lots into a 1.67-acre property for the condominium project and a -.97- acre property with a new retail building and an existing office building. The 1.67-acre property would be subdivided into 33 residential "air space" lots for condominium purposes. The subdivision design requires the approval of a "Condominium" map due to the shared ownership of the lots. A Homeowners' Association (HOA) will be formed and CC&R's (Covenants, Codes, and Restrictions) created to regulate the HOA. The HOA would-be responsible for maintaining all common areas, including the driveways, guest parking spaces, open space, and trash enclosures. The condominium project is proposed as market rate housing. One of the 33 proposed units would include one bedroom, seven of the units would include two bedrooms, twenty-four units would include three bedrooms and one of the units would include four bedrooms. Fourteen different floor plans are proposed with floor areas ranging from 871 square feet to 6,045 square feet. Additionally, the project includes 20,266 square feet of landscaping and 81 parking spaces. The applicant is proposing six-foot decorative block, walls along the northerly, westerly, and southerly property lines. The project also includes. eight -foot high retaining walls along the northerly, westerly and southerly property lines. The existing and proposed walls will include stucco to match the color scheme of the proposed buildings. Due to the topography and shape of the lot, the applicant is requesting to deviate from a number of required development standards including maximum ground coverage, required recreation leisure space, recreation=leisure space with a minimum dimension of 75 feet, the number of covered parking spaces, and dimension of covered parking spaces. ' The project also consists of an application for a precise plan to approve the architecture and site plan of a new commercial retail building on a lot with an existing 7,500-square foot commercial office building. The new building would consist of a 5,160-square foot two-story, multi -tenant building for retail purposes. A total of 8,761 square feet of landscaping is proposed around the buildings and within the parking areas. The project site would include an additional 21 parking spaces for a total of 49 parking spaces provided where 46 are required for the existing office building and the proposed retail building. The applicant is also requesting a variance to deviate from the rear setback. ZACase Files\PP\2007\PP 07-08 4101 Nogales (33 Unit Condo)\CC\Council Staff Report.doc ii GP :A 07-03, ZC 07-03, PP 07-08, PP 08-06, TTM 70193, Var. 07-15, Var. 08-15 4101 & 4111 S. Nogales Street December 16, 2008 - Page 3 PLANNING COMMISSION REVIEW AND ACTION: The Planning Commission held a public hearing regarding this matter on November 11, 2008. At the conclusion of the hearing, the Commission voted 4-1 (Commissioner Cervantes voting "no") to approve the precise plans, tentative tract map and variances as well as to recommend approval of the General Plan amendment, and zone change to the City Council. In approving the project, the primary reasons cited by the Planning Commission included improvement to the area, removal of blight, and the addition of well designed and attractive buildings. Commissioner Cervantes expressed a concern regarding the number variances requested and potential negative traffic impacts. The Commission therefore acted to approve the proposal. FISCAL IMPACT: The developer will pay park in -lieu fees estimated at approximately $361,350 (the actual fees may fluctuate based on actual costs). It is estimated that development of 33 residential condominium units and new retail building will result in an increase in property tax increment of approximately $138,383 per year. The 33 new condominiums are estimated to generate approximately 109 new City residents, which will serve to incrementally increase the cost of providing City services. The current City operating budget of approximately $53 million equates to per capita spending of approximately $495 per person. Based on this figure, the cost of providing services to 109 residents would be approximately $52,865 per year. Prepared by: Ron Garcia Reviewed/ r ved by: Jeff Anderson Planning Associate Principal Planner Attachments: Attachment 1 — Draft Negative Declaration of Environmental Impact Resolution Attachment 2 - Draft General Plan Amendment Resolution for Approval Attachment 3 — Draft Zone Change Ordinance for Approval Attachment 4 — Planning Commission Staff Report dated November 11, 2008 Attachment 5 — Planning Commission Minutes dated November 11, 2008 Attachment 6 — Planning Commission Resolution No. 08-5308, General Plan Amendment No. 07-03 Attachment 7 — Planning Commission Resolution No. 08-5309, Zone Change No. 07-03 Attachment 8— Initial Study Z:\Case Files\PP\2007\PP 07-08 41.01 Nogales (33 Unit Condo)\CC\Council Staff Report.doc ATTACHMENT 3 ORDINANCE NO. 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 ZACase Files\PP\2007\PP 07-08 4101 Nogales (33 Unit Condo)\CC Resos\CC ZC 07-03_4101-4111 Nogales.doc Resolution No. • Zone Change No. 07-03 December 16, 2008 — Page 2 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 I Vh 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 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: 1. 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: i 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. ZACase Files\PP\2007\PP 07-08 4101 Nogales (33 Unit Condo)\CC Resos\CC ZC 07-03_4101-4111 Nogales.doc ` Resolution No. Zone Change No. 07-03 December 16, 2008 — Page 3 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. 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. e. 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. 0.7-03, 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 this Resolution to 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. Resolution. Z:\Case.Files\PP\2007\PP 07-08 4101 Nogales (33 Unit Condo)\CC Resos\CC ZC 07-03_4101-4111 Nogales.doc Resolution No. Zone Change No. 07-03 December 16, 2008 — Page 4 PASSED AND APPROVED on this 16th day December, 2008. ATTEST: Mayor City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 16th day of December, 2008. AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: City Clerk City Attorney ZACase Files\PP\2007\PP 07-08 4101 Nogales (33 Unit Condo)\CC Resos\CC ZC 07-03_4101-4111 Nogales.doc