Ordinance - 2090ORDINANCE NO.2090
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 02-03
(Comstock Homes)
• WHEREAS, there was filed with the City a verified application on the forms prescribed in
Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification of land
from:
"Specific Plan No. 3" to "Specific Plan No. 17"
on that certain property generally described as follows:
Assessor Parcel Nos. 8480-003-021, 8480-003-022, 8480-003-023, and 8480-003-024, as
shown on the latest rolls of the Los Angeles County Tax Assessor; and
WHEREAS, consistent with the request, the applicant has also requested a General Plan
amendment from "Planned Development" to "Low Medium Residential" (4.1 to 8.0 Dwelling
Units per Acre); and
WHEREAS, the proposed zone change is consistent with the proposed General Plan
Designation of "Low Medium Residential" 4.1 to 8.0 Dwelling Units per Acre"; and
WHEREAS, the proposed zone change maintains consistency between the General Plan
and Zoning Map; and
WHEREAS, said zone change application is requested to allow for the development of 46
single-family residential units and to establish zoning standards for the subject project; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 21"
day of August, 2002 conduct a duly advertised public hearing to consider the subject application for
a Zone Change, at which time the Planning Commission adopted Resolution No. 02-4774; and
WHEREAS, the City Council did, on the 17"' day of September, 2002, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the Planning
Commission, Planning Division, and other interested parties.
WHEREAS, studies and investigations made by the City Council and in its behalf reveal the
following facts:
1. The applicant is requesting approval of a zone change from "Specific Plan No. 3" to
"Specific Plan No. 17."
2. This zone change application is submitted in conjunction with a request for approval
of a General Plan amendment, a tentative tract map, a precise plan, a tree removal
permit and an administrative use permit to allow for the development of 46 single-
family residential units.
3. The proposed zone change is contingent upon the approval of the proposed General
Plan amendment.
• 4. Approval of the zone change will allow for the development of the site that consists
of a vacant property which fronts on Holt Avenue.
5. Findings necessary for approval of zone change are as follows:
a. There are changed conditions since the existing zoning became effective to
warrant other or additional zoning.
Ordinance No. 2090
Page 2
•
b.
1.a
11
e.
The proposed change of zone will not adversely affect adjoining property as
to value or precedent and will not be detrimental to the area.
A change of zone will be in the interest or furtherance of the public health,
safety, and general welfare.
The approval of such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
The approval of such a zone change is consistent with the General Plan or
applicable specific plans.
6. Pursuant to the requirements of 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 due to mitigating measures;
and
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as
follows:
a. The site is currently zoned "Specific Plan No. 3" (SP-3), allowing for a
variety of hotel, office and commercial uses on the site. Surrounding zones
include "Regional Commercial' (R-C) to the north, "Agricultural
Residential' (R-A) to the south, "Neighborhood Commercial' (N-C) to the
west, and "Specific Plan No. 3" to the east.
The proposed zoning of "Specific Plan No. 17" will allow the development
of the site at a density of approximately 5.05 dwelling units per acre
(overall). The Specific Plan zoning classification has been utilized over the
past 10 to 15 years to facilitate the development of single-family residential
developments on small lots in various areas of the City. The proposed
Specific Plan incorporates specific design criteria such as setbacks and lot
coverage, which will facilitate the orderly development of the site, given
project specific constraints such as small lot size. Based on these
circumstances, there are changed conditions since the current zoning became
effective.
b. Approval of this request establishes specific design criteria and development
standards for the site. Building setback, height, lot coverage and other
development standards established through the zone change will assure
compatibility and a product that is sensitive to surrounding land uses. The
proposed use of the currently vacant property will continue in an orderly
land use pattern consistent with other uses in the vicinity and promote
economic stability. The site serves as an infill between the relatively large -
lot residences to the south and the San Bernardino Freeway to the north and
retirement facility to the east. The proposed zoning is compatible with the
surrounding zoning, and will not adversely affect adjoining property.
C. Development standards contained within the specific plan are intended to
guide the development of the site in a manner sensitive to surrounding land
uses. The proposed development is compatible with surrounding land uses
as the development consists of 46 single-family residential units developed
at a density of 5.05 units per acre overall. The initial study prepared for the
project identified a number of potential environmental impacts related to
public health, safety, and general welfare. These potential impacts include
hydrological issues, noise, and aesthetic impacts. Impacts associated with
the project will be reduced to a less than significant level through the
implementation of the mitigation measures and conditions of approval, and
compliance with established standards and regulations, for example the
Uniform Building Code.
Ordinance No. 2090
Page 3
d. The proposed zone change will not adversely affect the General Plan as
consistency between the General Plan and the Zoning Map will be
maintained through the proposed General Plan amendment and zone change.
Further, the zone change will result in the implementation of a number of
goals and policies contained in the General Plan by "identifying sites,
vacant or developed with a potential for residential development, and
encouraging their efficient and attractive use" and, "encouraging the
construction of a wide variety of new housing to meet the needs of all
residents."
e. The subject site currently has a General Plan Land Use Designation of
"Planned Development," allowing for a variety of commercial uses. The
applicant is requesting approval of a general plan amendment to change the
land use designation to "Low Medium Residential' (4.1-8.0 dwelling units
per acre). The actual overall proposed density of the project is 5.05 dwelling
units per acre. The proposed zone change, from "Specific Plan No. 3" to
"Specific Plan No. 17" will maintain General Plan and zoning consistency.
The proposed zone change will not adversely affect the General Plan as
consistency between the General Plan and the Zoning Map will be
maintained through the proposed General Plan amendment and zone change.
NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby
ordain as follows:
SECTION NO. 1: Based on the evidence presented, and the findings set forth, Zone
Change No. 02-03 is hereby found to be consistent with the City's General Plan and the land
uses permitted within said zone classification.
SECTION NO. 2: A Negative Declaration of Environmental Impact has been prepared in
accordance with the California Environmental Quality Act of 1970, as amended.
SECTION NO. 3: The City Council does hereby approve Zone Change No. 02-03 (Exhibit
1), changing the zoning designation of said property to "Specific Plan No. 17" (SP-17) and
adopting the specific plan text as set forth in Exhibit 2, dated August 21, 2002, subject to
the following condition:
Zone Change No. 02-03 is contingent upon the approval of General Plan
Amendment No. 02-02.
SECTION NO. 4: The City Clerk shall certify as to the passage of this Ordinance and shall
cause the same to be published as required by law.
APPROVED AND ADOPTED on this I" day of October, 2002.
Mayor Michael Touhey
ATTEST:
„..,City Clerk Janet Berry
Ordinance No. 2090
Page 4
I, JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the
foregoing Ordinance No. 2090 was regularly introduced and placed upon its first reading at a
regular meeting of the City Council on the 17"' day of September, 2002. That, thereafter, said
Ordinance was duly adopted at a regular meeting of the City Council on the I" day of October,
2002 by the following vote:
• AYES: Herfert, Miller, Sanderson, Wong, Touhey
NOES: None
ABSENT: None
City Clerk Janet Berry R
APPROVED AS TO FORM:
*Ciytomey rnold Alvarez-Glasman
•