01-17-2012 - (4)City of West Covina
Memorandum
AGENDA
TO: Andrew G. Pasmant, City Manager
and City Council ITEM NO. 15
DATE January 17, 2012
FROM: Jeff Anderson, Planning Director
SUBJECT: URGENCY ORDINANCE ESTABLISHING A MORATORIUM TO
PROHIBIT THE CONSTRUCTION OF RESIDENTIAL
STRUCTURES ON 74 VACANT PROPERTIES IN THE SOUTH
HILLS SUBDIVISION TO STUDY DEVELOPMENT STANDARDS
RECOMMENDATION:
It is recommended that the City Council introduce and adopt the following ordinance to
establish a moratorium on 74 vacant lots in the South Hills Subdivision:,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'WEST
COVINA, CALIFORNIA PROHIBITING GRADING OR
CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED
AREAS OF THE CITY PENDING COMPLETION OF STUDY AND
REPORT BY THE PLANNING COMMISSION PERTAINING TO THE
PROPER CONDITIONS AND REGULATIONS FOR SUCH USES,
DECLARING THIS AN INTERIM ZONING ORDINANCE, AND
SETTING FORTH FACTS CONSTITUTING THE SAME AS AN
URGENCY ORDINANCE
BACKGROUND:
Recently staff was contacted by a perspective developer soliciting information on the possible
development of a number of vacant lots in the South Hills area. The properties were part of a
larger subdivision that was originally subdivided in the 1980's. There are 74 vacant lots
remaining on Skyview Lane, Rolling Hills Road, Inspiration Point, Horizon Hills Drive,
Majestic Street, and Mountain Ridge Road. City staff is. concerned over the potential impacts
that the development of the vacant single-family residentially zoned properties in that area can
have on adjacent properties. The .lots are single-family legal lots of record, and the rough
grading has been completed, to create building pads.
DISCUSSION:
Since the subdivision was created thirty years ago, City staff is concerned that some issues
were not originally covered by the conditions of approval in the original tract maps. Staff
would like to evaluate current development standards prior to the formal submittal of a
proposal by the developer, which will help avoid issues that could arise if the houses are
developed under current zoning regulations. The lots. are located in an area of varied
topography that can create view and privacy impacts and many of the properties are adjacent
to existing houses. Based on the background issues, City staff is requesting that Council
adopt a temporary moratorium on these 74 remaining vacant properties within Tract No.
32324 and Tract No. 47809. The purpose of the moratorium would be to assess the following
issues.
• Whether current standards for required enclosed parking (garage/carport) are
appropriate. (Currently, the Code only requires two enclosed parking spaces, no
matter how large the house is. The perspective developer has discussed the concept of
houses of 4,000 square feet and larger. Houses of this magnitude may have a large
number of bedrooms and result in a greater number of cars being parked on residential
streets if the developer constructs a two -car garage.) .
ZACase Files\CODE AMEND\201 I\study Session south hills\CC 1.17.12\CC Staff Report.Moratorium.doc
Moratorium/South Hills Subdivision
January 17, 2012 - Page 2
• Whether there should be some type of requirement for common area maintenance of
drainage and/or landscape improvements on the slopes. (Currently some of the lots
have cross lot drainage which requires each individual property owner to maintain the
drainage swales. Swales that are not well maintained could cause drainage issues and
erosion. Many of the lots also include large sections of hillside. If the landscaping in
these areas is not maintained by the property owner, there can be issues with erosion
as well as the negative aesthetic issues. This has occurred in other neighborhoods in
.the City and has become a code enforcement matter.)
• Whether there should be a zoning standard that requires a ratio between the pad size
and the floor area of the house. (Currently, there is a zoning standard that establishes
a ratio between the lot size and the floor area of the house, however, the pad size can
be substantially smaller than the lot size in an area of varied topography. This could
be an issue if the size of the footprint of the house is so large that it uses all the level
part of the property. Sometimes this concern is called "Mansionization".)
• Whether the pad sizes on the lots are appropriate in size or should be larger to allow
for level open space areas -around the houses. (The pad sizes have already been
created, so the concern is that some of the pads may be too small to allow for large
houses and level yard area.)
• Whether the current Municipal Code standards for measuring building height and
number of stories are appropriate in hillside lots. (This is more of a technical Planning
issue, but the concern is that the current definition, while limiting the house to two
stories, may allow what appear to be three-story structures on the downhill portion of
the house.)
Whether the current zoning standards and review process for decks (also called
"elevated structures" in the Municipal Code) are appropriate. (Given that many of the
vacant lots are adjacent to or above existing houses, there may be privacy and view
impacts under the current development standards.)
The goal of a moratorium is to allow staff time to conduct research of alternative code
standards and seek input on potential code standards by residents, the Planning Commission.
and City Council. The recommended moratorium would prohibit grading or construction of
single-family houses on the vacant lots while the moratorium is in place. The adoption of a
moratorium can last no longer than two years and allows for full review of the current
regulations for the lots and provides for new development standards to be adopted for these
vacant lots. The moratorium can be adopted for a period of 45 days. It can thereafter be
extended through a public hearing process by 10 months and 15 days and could subsequently
be extended for an additional year. If adopted, a public hearing will be scheduled for the
February 21, 2012 City Council meeting.
FISCAL IMPACT:
The. proposed code amendment would not have any -direct fiscal impact to the General
Fund.
Prep y: Jeff Anderson
Planning Director
Attachments
Attachment 1
— Moratorium Ordinance
Attachment 2
— Map of Subject Properties
Attachment 3
— Letter from Property Owner's Attorney
Z:\Case Files\CODE AMEND\2011\study Session south hills\CC 1.17.12\CC Staff Report.Moratorium.doc
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA PROHIBITING GRADING OR CONSTRUCTION
OF RESIDENTIAL STRUCTURES IN SPECIFIED AREAS OF THE CITY
PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING
COMMISSION PERTAINING TO THE PROPER CONDITIONS AND
REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM
ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING
THE SAME AS AN URGENCY ORDINANCE
THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION NO. 1: Pending the completion of a study. by the Planning Commission
and/or the adoption of new requirements and zoning regulations, the approval or issuance, of any
licenses, permits, grading permits, building permits, tentative parcel or tract maps or other
entitlements for the construction of residential structures is prohibited on the following
properties.
Tract No. 32324, Lots 18, 25-29, 76-111, 132-136, 139-145, & 1937200; and
Tract No. 47809, Lots 27-31, 33-38, & 137-138
Situated on Skyview Lane, Inspiration Point, Horizon Hills Drive, Majestic Street, And
Mountain Ridge Road, West Covina,.California ("Properties").
SECTION NO. 2: The City Council directs the Planning Commission to immediately
commence studies and hearings pertaining to the proper conditions of approval, and regulations
for the construction of residential structures in hillside areas. Consideration should be given to
appropriate changes to current zoning standards for enclosed parking, the ratio between the pad
size on a hillside lot and the floor area of the house, the standard for the measurement of building
height and number of floors, 'decks, and issues surrounding common area maintenance
(landscaping and drainage) and appropriate pad size.
SECTION NO. 3: This Ordinance is an Interim Zoning Ordinance enacted pursuant
to Sections 36934 and 65858 of the Government Code of the State of California, and in
accordance therewith, shall be of no further force and effect forty-five (45) days after the
adoption of this Ordinance unless after notice pursuant to Section 65090, and public hearing, the
City Council shall extend this Ordinance in accordance with the terms and provisions of Section
65858 of the Government Code. The City Council hereby finds, determines and declares that the
immediate preservation of the public peace, health, safety and welfare necessitates the enactment
of this Ordinance as an Urgency Ordinance. The City Council further finds there isa current and
immediate threat to the public health, safety and welfare necessitating the adoption of this
Ordinance as an Interim Zoning Ordinance under Section 65858. Said findings are as'follows:
1. The City has been contacted by a perspective developer soliciting information on
the possible development of some of the lots within the Properties.
.2. If an Urgency Interim Zoning Ordinance is not adopted immediately, the
submittal and processing of applications under the existing City of West Covina code provisions
could result in conflicts between existing houses and the proposed houses and could lead to
negative circumstances regarding street parking, mansionization, and the maintenance of slope
landscaping and drainage, and render ineffective any new laws, permits, or regulations.
3. Hillside development requires special consideration due to the complexity of
balancing the size of the footprint of the house and the level pad area, determination on
maximum allowed height, and ensuring long term maintenance of the hillside landscaping and
drainage structures.
Moratorium Ordinance
Ordinance No.
Page 2
SECTION NO.4:
The provisions of this Ordinance shall not apply to the following:
1. The issuance of demolition permits issued by, order of the Building Official for
purposes of protecting the public health, safety, and welfare due to damage to a structure caused
by fire, earthquake, or other natural calamity.
SECTION NO. 5: The proposed action is considered to be exempt from the provisions
of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the
CEQA Guidelines, in that the proposed action consists of the adoption of a zoning moratorium
ordinance which does riot have the potential for causing a significant effect on the environment.
SECTION NO. 6: The City Council hereby declares it would have passed this
Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does
hereby declare that the provisions of this Ordinance are severable and, if for any reason 9any
sentence, paragraph, or section of this Ordinance shall be held invalid, such decision_ shall not
affect the validity of the remaining parts of this Ordinance.
SECTION NO. 7: At least ten days before the expiration or extension of this
Ordinance, the City Council shall issue a written report describing the measures taken to address
the issues of concern.
SECTION NO. 8: The City Clerk shall certify to the adoption of this, Ordinance, and
the City Clerk shall cause this Ordinance to be posted or published as prescribed by law. This
Ordinance shall take effect immediately upon adoption.
PASSED AND APPROVED ON THIS day of , 2012.
Mayor
ATTEST:
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 Ordinance No. was duly adopted and passed at a regular meeting of the City
Council on the day of , 2012.
AYES:
NOES:
ABSENT:
City Clerk
APPROVED AS TO FORM:
City Attorney
Moratorium Ordinance
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ANGELO J, PALMIERI (192S-1996)
ROBERT F, WALDRON (1927.199S)
ALAN H. WIENER'
MICHAEL L. D'ANGELO
ROBERT C. IHRXE'
STEPHEN A. SCHECK
DENNIS G. TYLER'
DONNA L. SNOW
MICHAEL J. GREENE'
RYAN M. EASTER
DENNIS W. GHAN'
ELISE M. KERN
DAVID 0. PARR'
MELISA R. PEREZ
CHARLES H. KANTER'
MICHAEL 1. KEHOE
PATRICK A. HENNESSEY
CHADWICK C. BUNCH
DON FISHER
ELIZABETH VALADEZ
GREGORY N. WEILER
ANISH J. BANKER
WARREN A. WILLIAMS
ROBERT H. GARRETSON
JOHN R. LISTER
RYAN M. PRAGER
GARY C. WEISBERG
BLAINE M. SEARLE
MICHAEL H. LEIFER
JERAD BELTZ
SCOTT R. CARPENTER
ERIN BALSARA NADERI
RICHARD A. SALUS
ERICA M. SOROSKY
NORMAN J. RODICH
PETER MOSLEH -
RONALD M. COLE
JOSHUA J, MARX
JAMES E. WILHELM. OF COUNSEL
'A PROFESSIONAL CORPORATION
VIA E-MAIL
Mr. Andrew G. Pasmant
City Manager,
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
2603 MAIN STREET
EAST TOWER — SUITE 1300
IRVINE, CALIFORNIA 92614-4281
(949)851-9400
www.ptwww.com
January 3, 2012
P.O. BOX 19712
IRVINE, CA 92623-9712
WRITER'S DIRECT
DIAL NUMBER
(949)851-7238
WRITER'S DIRECT
FACSIMILE NUMBER
(949)825-5420
FIRM'S DIRECT
FACSIMILE NUMBERS
(949) 851-1554
(949)757-1225
gweiler@ptwww.com
REFER TO FILE NO.
Re: Proposed Moratorium on Development of 74 properties within the
South Hills subdivision
Dear Mr. Pasmant:
We are in receipt of the proposed Agenda Item 15 dated December 20, 2011, at
the City Council's January 17, 2012 meeting recommending a development moratorium.
This office represents South Hills Homes Partnership, the owner of the subject property
("Property")
Staff acknowledges they have received inquiries from a proposed purchaser of a
portion of our client's property, a publicly traded homebuilder, which inquiries apparently
led the Staff to believe that the Property might be developed in the immediate future.
The Staff stated in its recommendation to the Council:
"City Staff is concerned that some issues were not originally covered by the
Conditions of Approval in the original tract maps. Staff would like to
evaluate current development standards prior to the formal submittal of a
proposal by the developer, which will help avoid issues which could arise if
the houses are developed under current zoning regulations...."
605346.2
0
PALMIERI. TYLER, WIENER, WILHELM &WALDRON=
0
Mr. Andrew G. Pasmant
January 3, 2012
Page 2
Staff then goes on to discuss various questions'that the Staff has with respect,to
parking, common area maintenance, drainage and/or landscaping, the relationship
between pad size and floor area of houses, the size of pads, building heights and number
of stories and a review process for decks. Nowhere in the Staffs recommendation is
there any mention whatsoever of any health and safety issue. In a nutshell, staff states
that it would be "convenient" to have a moratorium.
.I would direct you to California Government Code Section 65858, which provides
in pertinent part the following requirements before City can adopt an interim
development moratorium:
"65858(c) The legislative body shall not adopt or extend any interim
ordinance pursuant to this section unless the ordinance contains legislative
findings that there is a current and immediate threat to the public
health, safety or welfare and that the approval of the additional
subdivisions, use permits, variances, building permits or other applicable
entitlement for use which is required in order to comply with a zoning
ordinance would result in that threat to the public health, safety or
welfare...."
Obviously the Planning Law frowns on emergency moratoriums reserving them
for real emergencies. We also point out that our client's Property was previously
subdivided with a final subdivision map and bonded public and private improvements, all
of which have been completed, inspected and accepted by the City. The lots have been
graded pursuant to a City approved and permitted precise grading plan, which approved
plan covers 32 lots of which 10 have been improved with completed homes, with the
remaining 22 lots to be improved in accordance with such plan. Although no building
permits for the remaining 22 lots for individual homes have been issued, it is our position
that our client has vested development rights in the lots by reason of the substantial
public and private improvements completed by our client with the full cooperation of the
City and the City's acceptance of such improvements.
Given that our clients property is an infill, undeveloped parcel surrounded by
single-family homes developed under the same development standards of the adjoining
community and those mentioned in the Staff Report, and that there have been no
assertions whatsoever by members of the community as to health and safety problems,
even if the City Council has the will (the necessary supermajority) we respectfully submit
that the City does not have the legal authority to adopt the recommended moratorium.
605346.2
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PALMIERI, TYLER, WIENER. WILHELM &WALDRON
Mr. Andrew G. Pasmant
January 3, 2012
Page 3
We recognize that a talented and ingenious staff can always dream up potential health
and safety issues, but such post hoc justification for a proposed moratorium will be
viewed by .our client with the utmost seriousness and brought to the'immediate attention
of the Superior Court challenging such adoption.
We respectfully submit that the Staff closely review Proposed Agenda Item 15
with the City Attorney in light of the above and withdraw such proposal. All the .
concerns .expressed by the Staff can be addressed through the normal planning process
which will also give our clients the ability to address such concerns and protect their
interests.
Please call if you have any questions.
�tTery Iy yours,
i
J
Gregory . W iler
GNW:lm
cc: South Hills Homes Partnership (via email
. Arnold M. Alvarez-Glasman, City Attorney (via. email)
605346.2