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Item No. 14 - CONSIDERATION OF AN ORDINANCE (CODE AMENDMENT NO. 20-08) AMENDING CERTAIN DEVELOPMENT STANDARDS OF THE DOWNTOWN PLAN AND CODEAGENDA ITEM NO. 14 Xft AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: May 4, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF AN ORDINANCE (CODE AMENDMENT NO.20-08) AMENDING CERTAIN DEVELOPMENT STANDARDS OF THE DOWNTOWN PLAN AND CODE RECOMMENDATION: It is recommended that the City Council conduct the public hearing and then introduce, by title only, further reading waived, the following ordinance: ORDINANCE NO.2483 - AN ORDINANCE OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, AMENDING PORTIONS OF THE DOWNTOWN PLAN AND CODE BACKGROUND: The City Council adopted the Downtown Plan in conjunction with the General Plan on December 20, 2016. The Downtown Plan and Code (Downtown Plan) is a form -based code which regulates development in the Downtown (formerly central business district) area. The Downtown Plan was created during the General Plan update and multiple study sessions were held with the Planning Commission and City Council to review the standards. At the time of adoption, there was an expectation that modifications might be necessary after the first year to address any issues that were not foreseen when the Downtown Plan was reviewed and adopted. The Downtown Plan was adopted as Article XV in Chapter 26 (Zoning) of the West Covina Municipal Code. Since the adoption of the Downtown Plan, two separate amendments have been adopted. Code Amendment No. 17-02 (Ordinance No. 2443) was adopted on August 21, 2018, and was considered a 'clean-up" amendment which revised a number of items in the Code including entitlement expiration dates, list of permitted uses, building heights, allowed building types, sign standards, minor modification/minor site plan review process, wall/fence standards, and parking standards. Code Amendment No. 18-03 (Ordinance No. 2450) was adopted on December 18, 2018, which revised the commercial parking requirement calculation for the T-5 Urban Center, T-4 General Urban and T-4 Urban Neighborhood Zones to 0.65 of cumulative parking standards from the Municipal Code for non-residential uses. The Planning Division received correspondence from MLC Holdings, Inc. indicating a need to amend the Downtown Plan to clean-up the Code to reflect common residential industry standards. The requested code amendment allows the City to modify the Downtown Plan to correspond with current industry standards for multifamily residential development. The proposed changes are the following: • Ground -floor Interior Height • Revise the ground -floor interior height to reflect ground -floor residential uses (from 12 feet to 10 feet). Mixed -used and commercial projects would be required to provide a 12-foot interior ground -floor height. Residential projects (not including mixed -use) would be able to have a 10-foot interior ground -floor height. • Private Open Space • The required private open space will remain at 100 square feet. The change will allow the minimum of 100 square feet to be cumulative on all floors with the upper levels requiring a minimum dimension of 6 feet (currently the code requires 8 feet). • Rowhouse Width • Reduce the minimum width of individual rowhouse units from 18 feet to an average of 16 feet. • Stoop Dimensions • Remove the maximum width and depth requirements of 8 feet for stoops (maximum allowed in Code is 8 feet). The minimum stoop dimension requirement remain. In addition, the following modification is being proposed: Delete "located within medium density neighborhoods" in the Rowhouse and Live -Work description. The density from all land -uses are identified in the General Plan and should not be referenced in the Code to avoid inconsistencies and confusion in the future. On October 13, 2020, the Planning Commission adopted Resolution No. 20-6047 (Attachment No. 3), initiating Code Amendment No. 20-08. On April 13, 2021, the Planning Commission held a public hearing to consider Code Amendment No. 20-08. During the public hearing, one person spoke in opposition to the Code Amendment (letter in opposition is included as Attachment No. 4) and one person spoke in favor of the Code Amendment. The Planning Commission voted 3-2 to approve the Code Amendment with revisions (Two Planning Commissioners were in favor of the Code Amendment as presented by staff). The index indicating staffs initial recommendation is included in this report as Attachment No. 5. The Planning Commission's adopted resolution and recommendation (Attachment No. 2) include the following changes to the draft Ordinance: • The ground -floor height for the T-4 General Urban Zone was not recommended to be changed in Commissioner Lewis' alternate motion that passed. When Commissioner Lewis made the motion, he expressed that he felt that a 10-foot ground -floor height is not sufficient in an urban area. He felt that the height for residential and commercial developments should be the same (remain at 12 feet or made higher) because if an existing building gets approved for residential use and the owner no longer wants to use it for residential, the use for the building should be able to be converted to commercial. • The proposed width reduction for rowhouse units from 18 feet to an average of 16 feet was not recommended to be changed. • The private open space depth reduction from 8 feet to 6 feet was approved for the second -floor or higher, but the common open space depth for the ground -floor was not recommended to be reduced. DISCUSSION: The Ordinance being reviewed by the City Council reflects the changes recommended by the Planning Commission. The following is a summary of the recommended changes to the Downtown Plan: • Rowhouse - The minimum depth of the private open space area has been differentiated between the ground -floor and floors above. The minimum depth and width for private open space areas remain at 8 feet, while the minimum depth of private open space on the second -floor and higher floors have been reduced from 8 feet to 6 feet. In addition, the ordinance has been written to clarify that the 100 square feet minimum private open space area is the cumulative figure combining the total of all private open space areas within the same unit. • Stoop - Deleted the maximum width and depth. • Delete "located within medium density neighborhoods" in the Rowhouse and Live -Work description. The density from all land -uses are identified in the General Plan and should not be referenced in the Code to avoid inconsistencies and confusion in the future. GENERAL PLAN CONSISTENCY: The proposed Code Amendment is consistent with the following General Plan Policies and Actions: . Policy 2.4 - Building on and grow West Covina's regional appeal . Policy 2.6 - Create a diversity of housing options • Action 2.6a - Support higher -intensity and higher -quality multifamily development in the downtown. LEGAL REVIEW: The City Attorney's Office has reviewed the Ordinance and approved it as to form. OPTIONS: The City Council has the following options: 1. Approve the Planning Commission's recommendation; or 2. Provide alternative directions. ENVIRONMENTAL REVIEW: The proposal is not subject to the California Environmental Quality Act (CEQA) per Section 1506l(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 amendment to the Downtown Plan and Code would not result in a physical change in the environment because it would only provide minor revisions to certain development standards. Prepared by: Jo -Anne Burns, Planning Manager Attachments Attachment No. 1 - Ordinance No. 2483 Attachment No. 2 Planning Commission Resolution No. 20-6076 Attachment No. 3 - Planning Commission Resolution no. 20-6047 (Initiation) Attachment No. 4 - Letter in Opposition Attachment No. 5 - April 13, 2021 Planning Commission Staff Report Attachment No. 6 - Index of Changes (Initial Staff Recommendation) CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness Engage in Proactive Economic Development /:UWII:�yrlur�l�Yli�[I][I ORDINANCE 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 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 in locations that transitions from primarily single-family neighborhood into a neighborhood main street. SECTION 2. 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 3. The sentence beginning on the 8th row and ending on the loth 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 in locations that transitions from a neighborhood into an urban neighborhood street. SECTION 4. 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.; 4; 4. --^^x. Depth 5 ft. min.; Q 4. . Finish level above sidewalk 18 in. min. SECTION 5. 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 6. 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 7. Effective Date. This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. SECTION 8. 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 _ day of , 2021. Letty Lopez-Viado Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, USA SHERRICK, 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 day of , 2021, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAINED: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.2 PLANNING COMMISSION RESOLUTION NO.21-6076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE AMENDING THE DOWNTOWN PLAN AND CODE (CODE AMENDMENT NO.20-08) WHEREAS, on the 13' day of October 2020, the Planning Commission initiated a code amendment to the Downtown Plan and Code related to certain development standards; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 13' day of April 2021, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, studies and investigations made by this Commission and on its behalf reveal the following facts: A. The 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 the West Covina Municipal Code. B. The Downtown Plan and Code was last amended on December 18, 2018 (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. C. The Downtown Plan was adopted to encourage urban development and provide clear direction to the development community. D. On September 30, 2020 the City received a request from Aaron Talarico of MLC Holdings to amend the Downtown Plan and Code. E. Based on utilization of the Downtown Plan since December of 2016, there are standards that should be evaluated. F. The proposed action is 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 a code amendment, which does not have the potential for causing a significant effect on the environment. SECTION NO.1: The above recitals are true and correct and are incorporated herein as if set forth herein in full. SECTION NO. 2: Based on the evidence presented and the findings set forth, Code Amendment No. 20-08 is hereby found to be consistent with the West Covina General Plan. Planning Commission Resolution No. Code Amendment No. 20-08 April 13, 2021 SECTION NO. 3: Based on the evidence presented and the findings set forth, the Planning Commission of the City of West Covina hereby recommends to the City Council of the City of West Covina that it approves Code Amendment No. 20-08 to Amend the Downtown Plan and Code as shown on Exhibit "A." SECTION NO. 4: The Secretary is instructed to forward a copy of this Resolution to the City Council for their attention in the manner as prescribed by law and this Resolution shall go into force and effect upon its adoption. I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 13`h day of April, 2021, by the following vote. AYES: Gutierrez, Becerra, Lewis NOES: Heng, Williams ABSTAIN: None ABSENT: None DATE: April 13, 2021 Sheena Heng, Chairperson Planning Commission Qinarale,, Secretary Planning Commission Planning Commission Resolution No. Code Amendment No. 20-08 April 13, 2021 EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA, AMENDING THE DOWNTOWN PLAN AND CODE WHEREAS, the 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 the West Covina Municipal Code. WHEREAS, on the Downtown Plan and Code was last amended on December 18, 2018 (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. WHEREAS, the Downtown Plan was adopted to encourage urban development and provide clear direction to the development community. WHEREAS, the Downtown Plan September 30, 2020 the City received a request from Aaron Talarico of MLC Holdings to amend the Downtown Plan and Code. WHEREAS, on the October 13, 2020, the Planning Commission initiated a code amendment to the Downtown Plan and Code related to certain development standards; and WHEREAS, the Planning Commission, upon giving the required notice, did on the April 13, 2021, conduct a duly advertised public hearing as prescribed by law; and WHEREAS, the City Council, upon giving the required notice, did on 2021, conduct a duly advertised public hearing as prescribed by law on the 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. WHEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF Planning Commission Resolution No. Code Amendment No. 20-08 April 13, 2021 WEST COVINA HEREBY ORDAINS AS FOLLOWS: SECTION NO.1: The sentence beginning on the 11 ' row and ending on the 14'h row under No. 1 (Description) on Part 4, Section 5.2 (Building Types), Subsection 5.2C (Rowhouse) is hereby amended to read as follows: This Type is typically leeated vAtMn medium density neighbefheeds a in locations that transitions from primarily single-family neighborhood into a neighborhood main street. SECTION NO.2: No. 6 (Private Open Space) on Part 4, Section 5.2 (Building Types), Subsection 5.2C (Rowhouse) 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 (2"d floor and/or above) SECTION NO.3: The sentence beginning on the 8' row and ending on the 1 Oh row under No. 1 (Description) on Part 4, Section 5.2 (Building Types), Subsection 5.21) (Live -work) is hereby amended to read as follows: This Type is typically ',...ated • ~thin ...ediu.., density neighbor -hoods ,._ in locations that transitions from a neighborhood into an urban neighborhood street. SECTION NO. 6: No. 2 (Size) of Part 4, Section 6 (Frontage Standards), Subsection C (Stoop) is hereby amended to read as follows: Width 5 ft. min.;; °�,c: Depth 5 ft. min.; °�.a, Finish level above sidewalk 18 in. min. SECTION NO.7: That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. SECTION NO. 8: This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. Planning Commission Resolution No. Code Amendment No. 20-08 April 13, 2021 PASSED, APPROVED AND ADOPTED this Letty Lopez-Viado Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick City Attorney Assistant City Clerk I, LISA SHERRICK, Assistant City Clerk, of the City of West Covina, custodian of the original records, which are public records which I maintain custody and control for the City of West Covina do hereby certify the foregoing Ordinance, being Ordinance No. as passed by the City Council of the City of West Covina, signed by the Mayor of said Council, and attested by the Assistant City Clerk, at a regular meeting of the City Council held on the and that the same was passed by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: Lisa Sherrick Assistant City Clerk ATTACHMENT NO.3 P L ANN ING C O M M IS S I ON RESOLUTION N0.20-6047 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 20-08 RELATED TO DEVELOPMENT STANDARDS FOR THE WEST COVINA DOWNTOWN PLAN AND CODE WHEREAS, on October 13, 2020, the Planning Commission considered the initiation of a code amendment related to development standards for the West Covina Downtown Plan and Code; and WHEREAS, the studies and investigations made by the Planning Commission reveal the following facts: The Downtown Plan and Code currently requires a 12'-0" minimum ground floor height. It is appropriate to reduce the ground -floor height for residential uses, and increase the ground floor height for mixed -use and commercial uses in order to improve urban building designs. 2. The Downtown Plan and Code currently requires a minimum 8 feet depth and width for private open space. It is appropriate to reduce the minimum depth to 6 feet without reducing the 100 square feet minimum private open space area requirement. 3. The Downtown Plan and Code currently requires the minimum width of individual rowhouse units to be 18 feet. It is appropriate to reduce the minimum width of individual rowhouse units to 16 feet in order to allow for higher density development within the Downtown Plan area. 4. The Downtown Plan and Code currently limits the width of stoops to 8 feet. It is appropriate to remove the maximum width requirement for stoops achieve more creative and better building design quality. 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 a code amendment, which does not have the potential for causing a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of West Covina, in conformance with Section 26-153(a)(3) of the West Covina Municipal Code, does hereby initiate an application for a Code Amendment related to development standards within the Downtown Plan and Code. Resolution No 20-6047 Code Amendment No. 20-08 October 13, 2020 - Page 2 I HEREBY CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West Covina, at a regular meeting held on the 13th day of October 2020 by the following vote. AYES: Holtz, Kennedy, Redholtz, Heng NOES: None. ABSTAIN: None. ABSENT: Jaquez DATE: October 13, 2020 <; Sheena Heng, Chairperson Planning Commission (/ Mark Persico, Secretary Planning Commission ATTACHMENT NO.4 April 13, 2021 City of West Covina Planning Commission 1444 West Garvey Avenue South West Covina, CA 91790 Re: Code Amendment No. 20-08 Dear Planning Commissioners, I would like to express my strong opposition to the proposed code amendment initiated by MLC Holdings. The basis of the letter indicates that the project developed by MLC at 1600-1616 West Cameron Avenue received similar exceptions as the ones being requested in this code amendment I would ask to take a look at that particular project and learn from it. The design looks very industrial and in some instances, units are sharing the stoop. Such "exceptions" did not yield a superior development. The developer did not have any consideration for privacy and aesthetics from the residents on Sawyer. The developer placed windows that look down straight into their backyards even though, the developer assured them that this would not happened. The design was changed during construction, meaning that those residents on Sawyer did not get to see the "real" final design. All the mechanical equipment were placed along the back where the residents on Sawyer can enjoy the view of the mechanical equipment enclosures (See attached street view printout) and a series of roofs that are not aesthetically pleasing. Additionally, a search of City's documents did not explained those exceptions in the staff reports and resolutions adopted by Planning Commission and City Council, which means the public was not made aware. The standards adopted in the Downtown Specific Plan are based on community vision. The test (findings) for changes is a comparable or better product. Based on the project on Cameron adjacent to Sawyer did not past this test (see attached street view print out). The proposed changes would not yield a comparable or better than what the standards would produce. It appears in this case rather than taking the test they simply want to change the rules. People who live in "Modern" homes also desire private open space, reasonably wider units and taller ceilings, and wide enough stoops that provide the unit privacy from the street at the same time engage and activate the street in a meaningful way. If the higher density is desired, an option could be to switch to another building type like a courtyard building. The change would not require a code amendment. The City's adopted General Plan and Downtown Specific Plan is a fairly new plan. It is a market ready plan and informs City staff as well as the public what is expected. MLC nor any other developer should be in the business of changing the community's vision only to their benefit. As of now, MLC project on Cameron, currently under construction, as well as the proposed project at 1024 W. Workman Avenue (former Vincent Children's Center) are not raising the standards within the City and are simply taking advantage of the community. I urge you not to recommend approval of the proposed code amendment to the City Council. It would be a mistake to establish a precedence that the vision crafted by the community has no bearing in how the City will grow and rather be dictated by outside interests. Sincerel W came Toluca A ATTACHMENT NO.5 AGENDA ITEM NO.4. DATE: April 13, 2021 PLANNING DEPARTMENT STAFF REPORT SUBJECT CODE AMENDMENT NO.20-08 GENERAL EXEMPTION APPLICANT: MLC Holdings (City of West Covina Planning Commission Initiated) LOCATION: Downtown Plan Area REQUEST: The proposed code amendment consists of potential amendments to the Downtown Plan and Code development standards, which are part of the West Covina Municipal Code. The Downtown Plan includes the Civic Center area/Cameron Ave., Plaza West Covina and Vincent AveJGlendora Ave. The proposed code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). BACKGROUND The City Council adopted the Downtown Plan in conjunction with the General Plan on December 20, 2016. The Downtown Plan is a form -based code which regulates development in the Downtown (formerly central business district) area. The Downtown Plan was created doming the General Plan update and multiple study sessions were held with the Planning Commission and City Council to review the standards. At the time of adoption, there was an expectation that modifications might be necessary after the first year to address any issues that were not foreseen when the Downtown Plan was reviewed and adopted. The Downtown Plan was adopted as Article XV in Chapter 26 (Zoning) of the West Covina Municipal Code. Since the adoption of the Downtown Plan, two separate amendments have been adopted. Code Amendment No. 17-02 (Ordinance No. 2443) was adopted on August 21, 2018, and was considered a "clean-up" amendment which revised a number of items in the Code including entitlement expiration dates, list of permitted uses, building heights, allowed building types, sign standards, minor modification/minor site plan review process, walUfence standards, and parking standards. Code Amendment No. 18-03 (Ordinance No. 2450) was adopted on December 18, 2018, which revised the commercial parking requirement calculation for the T-5 Urban Center, T-4 General Urban and T-4 Urban Neighborhood Zones to 0.65 of cumulative parking standards from the Municipal Code for non-residential uses. On September 30, 2020, the Planning Division received correspondence from Aaron Talarico of MLC Holdings, hic. (Attachment No. 2) requesting that a code amendment be initiated to consider amending the West Covina Downtown Plan & Code to: • Revise the ground -floor height to reflect ground -floor residential uses (from 12 feet to 10 feet) • Allow the same area of private open space (100 square feet) on upper levels with a smaller minimum dimension of 6 feet (Code requires 8 feet) • Reduce the minimum width of individual rowhouse units from 18 feet to 16 feet. • Remove the maximum width requirements for stoops (maximum allowed in Code is 8 feet) On October 13, 2020, the Planning Commission adopted Resolution No. 20- 6047(Attachment No. 3), initiating the Code Amendment No. 20-08. MLC Holdings subsequently submitted the Code Amendment application and paid the required processing fee. DISCUSSION The draft Code Amendment 20-08 provides the following changes to the Downtown Plan and Code: • T-4 General Urban Zone - clarifies that commercial/mixed-use developments require the higher 14'-0" minimum ground -floor height. Whereas, the minimum ground -floor height for residential development is 10'-0". To accommodate ground - floor retail uses and to provide a visual transition from the commercial uses on the ground -floor to residential/office uses on the upper floors in commercial/mixed- used development, a higher ground -floor height is standard for building in urban settings. • Rowhouse - The minimum depth of the private open space area has been reduced from 8 feet to 6 feet, and clarified that the 100 square feet minimum private open space area is the cumulative figure combining the total of all private open space areas within the same unit. • Rowhouse - Reduced the minimum width of a rowhouse from 18'-0" minimum to 16-0" minimum average width per unit. This change recognizes that a rowhouse could consist of one building with multiple units that vary in width throughout each individual unit, rather than linking each unit to a standard rectangular floor plan. • Stoop - Deleted the maximum width and depth. In addition to the amendments requested by the applicant, staff is making an additional change to correct the following inconsistency: • Delete 'located within medium density neighborhoods" in the Rowhouse and Live - Work description. The density from all land -uses are identified in the General Plan and should not be referenced in the Code to avoid inconsistencies and confusion in the future. GENERAL PLAN CONSISTENCY The proposed Code Amendment is consistent with the following General Plan Policies and Actions: • Policy 2.4 - Building on and grow West Covina's regional appeal • Policy 2.6 - Create a diversity of housing options o Action 2.6a - Support higher -intensity and higher -quality multifamily development in the downtown. ENVIRONMENTAL DETERMINATION The proposal is not subject to the California Environmental Quality Act (CEQA) per Section 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 amendment to the Downtown Plan and Code would not result in a physical change in the environment because it would only provide minor revisions to certain development standards. STAFF RECOMMENDATIONS Staff recommends that the Planning Commission adopt Resolution No. 21-6076 recommending approval of Code Amendment No. 20-08 to the City Council Submitted by: Jo -Anne Buns, Planning Manager Attaebments Attachment No. 1 - Resolution of Approval Attachment No. 2 - Code Amendment Request Letter Attachment No. 3 - Initiation Resolution No. 20-6047 Attachment No. 4 - Index of Changes ATTACHMENT NO.6 Index of Chanaes to the Downtown Plan and Code as Initiallv Recommended by Staff T-4 GENERAL URBAN ZONE 1. PAGE 52: Change height chart to the following: Ground Floor Commercial/&fixed-Use Development Min. Height 4314 ft. Min. Height 10 ft. Residential Development Min. Height 10 ft. Min. Height 10 ft. RO WHOUS E 2. PAGE 60 : Change sentence beginning on the 111h row under "1 Description" to the following: This Type is typically 19^^tea v4hin wAa:...., deasky aeigh er4eoa^ o; in locations that transitions from primarily single-family neighborhood into a neighborhood main street. 3. PAGE 60: Change No. 6 to the following: Private Open Width Depth Area Space 8 ft. min. 6 ft. min 100 s.f. min. (cumulative) 4. PAGE 60: Change No. 7 to the following: Building Size Average Width per rowhouse unit: 19 H. win 16 ft. min.; 36 ft. max & Massing The front 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 notexceed the footprint area of the main body of the building. LIV&W ORK 5. PAGE 61: Change sentence beginning on the 81h row under "Description' to the following: This Type is typically in locations that transitions from a neighborhood into an urban neighborhood street. STOOP 6. PAGE 71: Change No. 1 to the following: 2. Size Width 5 ft. min.; ° A. wA- Depth 5 ft. min.; v;.ffa? Finish level above sidewalk 18 in. min.