Ordinance - 2104ORDINANCE NO. 2104
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.02-04
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:
"R-1" (Single -Family Residential), Area District 1, to Specific Plan No. 19
on that certain property generally described as follows:
Assessor Parcel No. 8740-012-031 through 8740-012-039, as shown on the latest rolls of
the Los Angeles County Tax Assessor; and
WHEREAS, the proposed zone change maintains consistency between the General Plan
and Zoning Map; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 11 `h day
of February, 2003 conduct a duly advertised public hearing to consider the subject application for a
Zone Change, at which time the Planning Commission adopted Resolution No. 03-4829; and
WHEREAS, the City Council did, on the 15`h day of April, 2003, 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. A request was made and zone change initiated by the Planning Commission to
change the zone from "R-I" (Single -Family Residential), Area District I, to Specific Plan
No. 19 ".
2. 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.
b. The proposed change of zone will not adversely affect adjoining property as
to value or precedent and will not be detrimental to the area.
C. A change of zone will be in the interest or furtherance of the public health,
safety, and general welfare.
d. The approval of such a change of zone will not adversely affect the
comprehensive General Plan so adopted by the City.
e. The approval of such a zone change is consistent with the General Plan or
applicable specific plans.
3. 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
Ordinance No. 2104
Page 2 of 4
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WHEREAS, based on the evidence, both oral and documentary, the City Council finds as
follows:
a. The site is currently zoned "R-l" (Single -Family Residential), Area District 1.
Property to the south, west and east is also zoned "R-1" (Single -Family Residential),
Area District 1. Harvest Moon Street is located to the south of the site. The subject
property is unique in terms of elevation and topography from surrounding
properties.
b. Approval of this request will allow the development of the Gigar Terrace lots with
greater maximum unit sizes and reduced liklihood for discretionary review. The
number of residential lots was established with the recordation of the Tract Map.
The proposed zone changes will not adversely affect adjoining property or be
detrimental to the area as the Cigar Terrace lots are much higher in elevation and
will require a perimeter buffer to separate the subject properties from surrounding
developed properties.
C. Currently there are two single-family residences on the subject property with two
other single-family residences in the construction process. The Tract Map was
designed in accordance with the requirements of the Public Works Department and
the Fire Department, regarding access and safety. The proposed zone change will
not affect the property layout. As such, the project will not adversely impact public
health, safety, and general welfare.
d. The proposed zone change will not adversely affect the General Plan as the General
Plan and the Zoning will continue to be consistent. The proposed zone change does
not affect the existing density.
C. The subject site has a General Plan Designation of "Low Medium" Residential (4.1
to 8.0 units per acre). The proposed zone change does not change the existing
density. Therefore, zoning consistency with the General Plan remains.
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. 02-04 is hereby found to be consistent with the City's General Plan and the land
uses permitted within said zone classification.
SECTION NO. 2: Pursuant to requirements of the California Enviromnental Quality Act
(CEQA) of 1970, as amended, the project General Exemption (Section 15061 (b) (3)) since
the project consists of revisions to development standards and will not have a significant
effect on the environment.
SECTION NO. 3: The City Council does hereby approve Zone Change No. 02-04 (Exhibit
A), changing the zoning designation of said property to "Specific Plan No. 19" (SP-19) and
adopting the specific plan text as set forth in Exhibit 2.
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.
PASSED AND APPROVED on this 2id day of September, 2003.
ATTEST:
ti
City Clerk Janet Be
ay ev Herfeff
Ordinance No, 2104
Page 3 of
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I, Janet Berry, City Clerk of the City of West Covina, do hereby certify that the foregoing
ordinance was regularly introduced and placed upon its first reading at a regular meeting ol'the City
Council on the 15°i day of April, 2003. That, thereafter, said Ordinance was duly adopted and
passed at a regular meeting of the City Council on the 2°d day of September, 2003.
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
ABSENT: None
ABSTAIN: None
DATE: April 15, 2003
APPROVED AS TO FORM:
City Attom ArnolA7varez-GlasmanAIl
City Clerk Janet Berry
ZONE CHANGE NO.02-04
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EDIT A
"Single -Family Residential" to "Specific Plan No. 19"
Gigar Terrace
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Gigar Terrace Specific Plan
Exhibit 2
1. INTRODUCTION
A. Purpose of Specific Plan
The purpose of this specific plan document is to implement specific zoning
standards that are consistent with the city's General Plan. This Specific Plan has
been prepared in recognition of the unique circumstances of the Gigar Terrace area.
The Gigar Terrace Tract was subdivided in October of 1988. The subdivision
allowed for eight residential parcels and one parcel for a private street. This
document fulfills the Specific Plan requirements of the State of California and the
City of West Covina,
B. Authority,
This document has been prepared in accordance with the California Government
Code Section 65450 et. al. And applicable ordinances of the City of West Covina
and will constitute the zoning for the project site. Land use standards and
regulations contained within this document shall govern all areas within the project
site.
C. Relationship to the West Covina General Plan
Section 65451 of the California Government Code requires that Specific Plans
include a detailed listing and discussion of the conditions, regulations, programs, and
proposed legislation necessary or convenient for the implementation of each element
of the local general plan.
The City of West Covina's General Plan was developed in compliance with the
State law'and policies determined by the City Council and Planning Commission.
As a land use policy document, the general plan assists in the orderly development
of future growth and change within the City toward adopted goals. The general plan
elements are designed as a basis upon which the City can build, and improve the
guidance of land use planning. In addition to a statement of goals and objectives, the
plan contains policies and guidelines concerning various aspects of planned and
coordinated growth.
D. Applicability of Specific Plan Land Use Standards
• To the extent that the land use standards contained in this Specific plan are
specifically intended to replace other regulations, guidelines, policies, and
ordinances of the City, the provisions contained in this Specific Plan shall apply;
otherwise, all other regulations, guidelines, policies and ordinances shall remain in
effect.
E
Gigar Terrace Specific Plan
Exhibit 2
E. Interpretation
The Planning Director of the City of West Covina, or their designee, shall have the
responsibility to interpret the provisions of the Specific Plan. All such
interpretations shall be in writing, and shall be permanently maintained by the City
of West Covina.
F. Validity
If any section, subsection, sentence, clause, phrase or portion of the Specific Plan is
for any reason held to be invalid by the decision of any court or competent
jurisdiction, such decision shall not affect the validity of the remaining portion of
this plan.
G. Ambiguities
Unless otherwise provided, any ambiguities concerning the content or application of
the Specific Plan shall be resolved by the Planning Commission.
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Gigar Terrace Specific Plan
Exhibit 2
11. PROJECT SETTING
A. Location
The project site consists of 3.95-gross acres of land east of Lark Ellen Drive and
south of Maplegrove Drive in the city of West Covina. The site is bounded by
single-family residential development on all sides.
B. Project Description
The Specific Plan area encompasses 3.95-gross acres of land, which includes nine
(9) parcels of land (eight (8) single-family lots and one private street). The property
was subdivided in 1988 by Tract Map No. 46202. Since that time, the private street
has been completed and two single-family houses have been constructed and are
currently inhabited.
C. Existing General Plan and Zoning
The West Covina Zoning Map designates the project area as Single -Family
Residential, Area District 1. Land adjacent to the project site is also zoned Single -
Family Residential, Area District 1. The current General Plan designation is Low
Medium Residential (4.1 to 8.0 units per acre). The proposed Specific Plan does not
affect the General Plan designation.
D. Existing Uses
The Specific Plan area consists of eight residential parcels. The site is located on a
hilltop location. Currently there are homes on two (2) of the eight (8) parcels.
E. Water
Water service to the site is provided by Suburban Water Systems.
F. Sewer
The city of West Covina provides sewer service to the project site.
G. Drainage
iscompletion
drainage system for the site was established at the time of the Tract Map and
completion of the street improvements.
H. Electricity
Electricity to the project area is provided by Southern California Edison Company.
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Gigar Terrace Specific Plan
Exhibit 2
1. Natural Gas
Southern California Gas provides natural gas to the project area.
J. Solid Waste
Solid Waste disposal is provided by Athens Disposal Company.
K. Telephone
Telephone service to the project site is provided by Verizon Telephone Company.
CI
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Gigar Terrace Specific Plan
Exhibit 2
III. DEVELOPMENT STANDARDS
A. Uses and standards of the Single Family (R-1) Zone shall be used with the following
exceptions:
1. Maximum Unit Size
The maximum unit size for houses within the Specific Plan area shall be 7,000
square feet.
As these figures reflect the maximum allowable unit sizes, they shall not be regarded
as an automatic right. Each proposal shall be reviewed on a case by case basis and
requires approval of the Planning Director subject to the following findings:
a) The lot and proposed development is consistent with the General
Plan, Zoning, and meets all other applicable code requirements.
b) The development utilizes building materials, color schemes and a
roof style which blend with the existing structure, if any, and results
in a development which is harmonious in scale and mass with the
surrounding residences.
c) the development is sensitive and not detrimental to convenience and
safety of circulation for pedestrians and vehicles.
d) The development can be adequately served by existing infrastructure
and services.
e) The design of the structure has given consideration to the privacy of
surrounding properties through the usage and placement of windows
and doors, cantilevers, decks, balconies, minimal retaining walls,
trees and other buffering landscaping materials.
f) The development is sensitive to the natural terrain, . minimizes
necessary grading, de-emphasizes vertical massing which could
disrupt the profile of a natural slope, and does not impede any scenic
vistas or views open to the public or surrounding properties.
• The above maximum unit size may be increased by up to twenty-five percent (25%)
subject to the approval of an Administrative Use Permit pursuant to the procedures
outlined in Section 26-270, et seq. Attached accessory structures including but not
limited to guest house, second unit, and garage shall be included in the twenty-five
percent (25%) figure.
An expansion of the above maximum unit sizes by more than twenty-five percent
(25%) may be granted subject to the approval of a Conditional Use Permit (CUP)
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Gigar Terrace Specific Plan
Exhibit 2
by the Planning Commission pursuant to the procedures outlined in Municipal Code
Sections 26-246 and 26-685.2000.
2. Single -Family Building Height
No building or structure shall have more than two (2) stories, or be more than thirty
feet (30) above finished grade.
a. Chimneys, vents and other such incidental appurtenances shall not be
included in the measuring of the highest point of a building or
structure.
b. Subterranean garages shall not be included in the measurement of
height nor counted as a story.
3. Perimeter Buffer Setback
Every lot in the Specific Plan shall have a required perimeter buffer setback of 25
feet for habitable structures. All other structures shall have a required perimeter yard
of 5 feet. The perimeter buffet setback_ shall be measured from the outside boundary
of the Gigar Terrace Specific Plan area regardless of whether side of rear setback.
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Gigar Terrace Specific Plan
Exhibit 2
IV. GENERAL PLAN CONSISTENCY EVALUATION
This Specific Plan addresses each of the elements contained in the West Covina General
Plan, and presents the details of compliance of the proposed development with the goals,
objectives, policies, and concepts of each element. The compliance of this Specific Plan
with the West Covina General Plan is discussed below.
A. Land Use
The Project site is designated as a Specific Plan. The Specific Plan designation
permits 0.5 dwelling units per gross acre. The General Plan Land Use Designation
of Low Medium Residential allows up to eight (8) dwelling units per gross acre. A
total of (eight) 8 dwelling units are allowed, consistent with the General Plan.
B. Circulation
Gigar Terrace is accessible from Harvest Moon Street. Harvest Moon Street and
surrounding streets are designed to accommodate the amount of traffic that will be
generated by any new dwelling units. No changes or additions to the City's' street
system will result with the development of the proposed Specific Plan.
C. Economic Development
An expanded local economy, increased employment opportunities, and a strong tax
base are the goals of the West Covina General Plan Economic Development
Element. In an effort to meet the housing needs of an increasing labor force (due to
increased employment opportunities within the City), the project site allows for the
potential development of eight (8) single-family properties.
D. Housing
The provision for adequate and diverse housing facilities is one of the ultimate goals
of the City of West Covina General Plan Housing Element. The build out of the
residential lots will complement the types of existing residential development now
found in West Covina.
E. Safety
• To comply with the provisions of the West Covina Safety Element, soils and
geologic studies as necessary were prepared at the time of grading and street
improvements. In addition, CEQA procedures were completed to allow for the
development of the site. Any future additions or construction of new homes will be
required to meet all requirements of the Public Works Department.
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Gigar Terrace Specific Plan
Exhibit 2
F. Environmental Quality
The site of the Specific Plan is in close proximity to an existing park site known as
Woodgrove Park.
G. Noise
According to the West Covina General Plan, the project site is not impacted by any
major source of noise.
H. Conformance with State Law
The following Specific Plan has been prepared in accordance with the California
Government Code Section 65450 et. al. and applicable ordinances of the City of
West Covina, and will constitute the zoning for the project site. Land Use standards
and regulations contained in this document shall govern all areas within the project.
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Gigar Terrace Spcci I is Plan
Exhibit 2
VI. IMPLEMENTATION
The following documents shall be prepared for approval by the City of West Covina to
ensure that development of the site proceeds in an orderly manner:
A. Environmental Review
The zone change review of the Specific Plan is a General Exemption from CEQA as
there is no construction or physical change proposed.
B. Specific Plan
This Specific Plan will be reviewed and approved by the City of West Covina to
provide land use, design, and other controls on the proposed project in conformance
with the City's General Plan.
C. Amendments
1. Major Changes
The developer may initiate an agreement to the provisions if substantial
changes are required in the project during the development process. An
amendment to the Specific Plan shall be in accordance with California
Government Code (section 65450 through 65457).
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