5-18-2021 AGENDA ITEM NO.4 - CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO.2483 - AMENDING THE DOWNTOWN PLAN AND CODEAGENDA ITEM NO.4
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: May 18, 2021
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2483 -
AMENDING THE DOWNTOWN PLAN AND CODE
RECOMMENDATION:
It is recommended that the City Council adopt the following Ordinance:
ORDINANCE NO. 2483 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING 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.
On April 13, 2021, the Planning Commission held a public hearing to consider Code Amendment No. 20-08 and
voted 3-2 to recommend City Council approval of certain changes in the Downtown Plan involving the T-4 General
Urban Zone, Rowhouse building type standards, and stoop dimensions.
On May 4, 2021, the City Council conducted a public hearing to consider Ordinance No. 2483 (Code Amendment
No. 20-08).
DISCUSSION:
This Ordinance was first introduced at the May 4, 2021 City Council Meeting. The City Council voted 5-0 to adopt
Ordinance No. 2483 with the following revisions to the Planning Commission's recommendation:
• Remove the minimum interior floor height in the T-4 General Urban Zone.
• Remove the minimum width for individual Rowhouse units.
Ordinance No. 2483 has been revised in accordance to the City Council's direction.
Staff is recommending that the City Council conduct second reading and adopt Ordinance No. 2483. The ordinance
will be effective on the 31 st day after adoption, which is on or about June 18, 2021.
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. Conduct the second reading and adopt Ordinance No. 2483; or
2. Provide alternative direction
ENVIRONMENTAL REVIEW:
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.
Prepared by: Jo -Anne Burns, Planning Manager
Attachments
Attachment No. 1 - Ordinance No. 2483
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness
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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 connnunity; 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 (17 4 General Urban Zone), Subsection 4.2C (Allowed Building Types, Height, and Lot Size)
shall be deleted.
SECTION 2. The sentence beginning on the 11th row and ending on the 14th row under
No. 1 (Description) on Part 4, Section 5.2 (Budding 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 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:
:'
& Massing
The front elevation and massing of each rowhouse budding 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 budding
SECTION 5. The sentence beginning on the 8th row and ending on the loth row under
No. 1 (Description) on Part 4, Section 5.2 (Budding Types), Subsection 5.2D (Live -work) of the
Downtown Plan and Code is hereby amended to read as follows:
This Type is typically iReated ...itwin n:pdium density, ei,.wb,..hRedq Rr 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.;; Q
Depth 5 ft..
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 AS TO FORM
Thomas P. Duarte
City Attorney
Letty Lopez-Viado
Mayor
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SBERRICK, 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:
NOES:
ABSENT:
ABSTAINED:
Lisa Sherrick
Assistant City Clerk