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Ordinance - 2074ORDINANCE NO. 2074 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO LOW AND • MODERATE -INCOME AND SENIOR HOUSING AND DENSITY BONUSES (CODE AMENDMENT NO. 01-04) WHEREAS, Code Amendment No. 01-04 is a City -initiated code amendment related to game arcades; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 12th day of October, 2001, conduct a duly advertised public hearing as prescribed by law, at which time the vote of the Planning Commission was deadlocked 2-2, thereby rendering no recommendation to the City Council; and WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 2nd day of October, 2001; and WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts: The City of West Covina currently allows for mandatory and discretionary density bonuses in relation to low and moderate -income and senior housing. 2. The Zoning Code limits the discretionary density bonuses to a maximum of 100 percent, thereby limiting the maximum density allowed to 40 units per care in the "MF-20" Zone. 3. Due to the need for low- and moderate -income and senior housing the discretionary density bonus should be increased. 4. Pursuant to 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. NOW, THERFORE, the City Council of the City of West Covina, California, does hereby ordain as follows: SECTION NO. 1: Based on the evidence and the findings set forth, Code Amendment No. 01-04 is hereby found to be consistent with the West Covina General Plan and the implementation thereof. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 of the West Covina Municipal Code to read as shown on Exhibit "A." SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. • PASSED AND APPROVED on this 16th day of October, 2001. " ATTEST: Mayor Bent in Wong = r. ------------ CityClerk Janet Berry STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. pp74 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 2nd day of October, 2001. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16th day of October 2001. AYES: Nerfert, Sanderson, Touhey NOES: Miller ABSENT: None ABSTAIN: Wong APPROVED AS TO FORM: Gialzt _ �--- City Attorney Arno Alvarez-Glasman • City Clerk Janet Berry����� 2 EXHIBIT A ALTERNATIVE 1 CHAPTER 26 (ZONING) Sec. 26-678.2. Discretionary density bonuses. • (a) Intent. In providing opportunities for the granting of density bonuses in excess of those specified in section 26-678.1, it is the city's intent to be of further meaningful assistance to promoting the development of housing to meet the diverse housing needs of the community. This notwithstanding, proposals for discretionary density bonuses shall be carefully reviewed and considered and may only be granted where standards set forth under subsection (b) have been determined to be met. (b) Determination of discretionary density bonuses. Rather than utilizing a specific formula, the determination of whether and at what level to grant a discretionary density bonus shall be based on a case -by -case evaluation of proposed housing developments. The factors to be considered in this evaluation shall include, but are not limited to: (1) The type and extent of target units being proposed. (2) That the density bonus is necessary to make the project economically feasible. (3) That the proposed housing will help fulfill the housing needs of the community as established within the housing element of the general plan. (4) That the housing development reflects high standards in the quality of design and provision of amenities. (5) That the proposed housing development is compatible with the surrounding neighborhood. (c) A density bonus of greater than twenty-five (25) percent above the otherwise allowable density, but in no case greater than one hundred (100) percent, may be granted at the city's discretion to applicants that agree to provide the following types of housing, provided said housing developments comply with all other provisions of this division. ' (1) Greater than ten (10) percent of the total dwelling units reserved for and affordable to very low-income households; or (2) Greater than twenty (20) percent of total dwelling units reserved for and affordable to lower -income households; or (3) Greater than fifty (50) percent of the total dwelling units reserved for qualifying residents (senior citizens); or (4) In no case greater than one hundred sixty (160) percent for housing developments with any Any combination of dwelling units reserved for and affordable to very low-income households, reserved for and affordable to lower -income households, and/of reserved for qualified qualifying residents meeting or exceeding the minimum percentages specified in section 26-678.1. (Ord. No. 1973, § 2, 6-4-96) 0