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Ordinance - 2483ORDINANCE NO. 2483 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE DOWNTOWN PLAN AND CODE WHEREAS, the Downtown Plan and Code ("Downtown Plan � was adopted on December 20, 2016 as the first form -based code utilized in the City of West Covina. The Downtown Plan is Article XV of Chapter 26 of the West Covina Municipal Code; and WHEREAS, the Downtown Plan was last amended on December 18, 2018 through Ordinance No. 2450, which revised the commercial parking requirement calculation for the T-5 Urban Center, T-4 General Urban, and T-4 Urban Neighborhood Zones; and WHEREAS, the Downtown Plan was adopted to encourage urban development and provide clear direction to the development community; and WHEREAS, on September 30, 2020, the City received a request from Aaron Talarico of MLC Holdings to amend the Downtown Plan; and WHEREAS, on the October 13, 2020, the Planning Commission initiated Code Amendment No. 20-08 to the Downtown Plan and Code related to certain development standards; and WHEREAS, the Planning Commission, upon giving the required notice, did on April 13, 2021, conduct a duly advertised public hearing as prescribed by law regarding the Code Amendment; and WHEREAS, the City Council, upon giving the required notice, did on May 4, 2021, conduct a duly advertised public hearing as prescribed by law on this proposed Ordinance; and WHEREAS, based on review of the State CEQA Guidelines, the City Council finds and determines that the proposed ordinance is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment; and WHEREAS, the City Council has duly considered all information presented to it, including written staff reports and any testimony provided at the public hearing, with all testimony received being made a part of the public record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The second table pertaining to minimum floor heights on Part 4, Section 4.2 (T-4 General Urban Zone), Subsection 4.2C (Allowed Building Types, Height, and Lot Size) shall be deleted. SECTION 2. The sentence beginning on the I Ith row and ending on the 14th row under No. 1 (Description) on Part 4, Section 5.2 (Building Types), Subsection 5.2C (Rowhouse) of the Downtown Plan and Code is hereby amended to read as follows: This Type is typically leeated wig4in Faed4it44a '' '"' bar- eels .,: in locations that transitions from primarily single-family neighborhood into a neighborhood main street. SECTION 3. No. 6 (Private Open Space) on Part 4, Section 5.2 (Building Types), Subsection 5.2C (Rowhouse) of the Downtown Plan and Code is hereby amended to read as follows: Private Open Width Depth Area Space 8 ft. min. 8 ft. min (ground floor) 100 s.f. min. (cumulative) 6 ft. min (second floor and/or above) SECTION 4. (Building Size & Massing) on Part 4, Section 5.2 (Building Types), Subsection 5.2C (Rowhouse) is hereby amended to read as follows: Building Size ^ 4;� Width per- rewhaiiseunit: 18 ftmin 16 ft min • �6 n & Massing The font elevation and massing of each rowhouse building may be either symmetrical or asymmetrical, repetitive or unique in disposition, as long as the delineation of each individual unit is evident. The footprint area of an accessory structure may not exceed the footprint area of the main body of the building SECTION 5. The sentence beginning on the 8th row and ending on the 10th row under No. 1 (Description) on Part 4, Section 5.2 (Building Types), Subsection 5.2D (Live -work) of the Downtown Plan and Code is hereby amended to read as follows: This Type is typically leeated v4"n FRediumdensity eig''''er' ads a" in locations that transitions from a neighborhood into an urban neighborhood street. SECTION 6. No. 2 (Size) of Part 4, Section 6 (Frontage Standards), Subsection C (Stoop) of the Downtown Plan and Code is hereby amended to read as follows: Width 5 ft. min.; ° r'. max. Depth 5 ft. m.;i .; °.� —. . Finish level above sidewalk 18 in. min. SECTION 7. Environmental Compliance. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment. The Ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations. SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of West Covina hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 9. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. SECTION 10. Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 18th day of May, 2021. APPROVED TO FORM Thomas P. Duart City Attorney . 5 ATTEST -�A Lisa She ' k Assistant ity Clerk I, LISA SAERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance No. 2483 was introduced at a regular meeting of the City Council held on the 4th day of May, 2021, and adopted at a regular meeting of the City Council held on the 18th day of May, 2021, by the following vote of the City Council: AYES: Diaz, Lopez-Viado, Tabatabai, Wu NOES: None ABSENT: Castellanos ABSTAINED: None Lisa Sherria Assistant W Clerk