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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 • 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 • E 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 Fi* I tnaa 4ai A tat ') t i31 t t3�lf 1442 Y,9pa C 4RY4. :Isifi4 , it4 PLAN f7C3 F ? ' pis`17F7 n t72f[ i iy¢t 'AA�:•t73T EDIT A "Single -Family Residential" to "Specific Plan No. 19" Gigar Terrace is 0 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. 2 • 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. 3 • 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 • 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) 5 • • 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. 6 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. 7 is i 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. r • 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). I