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Ordinance - 2199ORDINANCE NO. 2199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.09-01 WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Specific Plan No. 22" to "MF-20" (Multi -Family Residential) on that certain property generally described as follows: Assessor's Parcel Number 8454-018-031, in the records of the Los Angeles County Assessor; and WHEREAS, the proposed zone change is consistent with the General Plan Designation of "High Density Residential"; and WHEREAS, said zone change has also been requested to facilitate the construction of a 65- unit senior citizen affordable apartment complex; and WHEREAS, consistent with this request the applicant has requested a conditional use permit for incentives for the provision of senior citizen and affordable housing, including the granting of a density bonus for an increase in density from 20 units per acre allowed under the "MF- 20" Zone to 59.1 units per acre, and the approval of certain deviations from the development standards of the "MF-20" Zone, including deviations from lot width, density, parking standards, setbacks, ground coverage, building length, unit size, recreation/leisure space, and private storage areas; and WHEREAS, consistent with this request a precise plan has been submitted to allow for the development of a three-story apartment building with associated parking facilities; and WHEREAS, it is a stated goal of the Housing Element of the General Plan to provide all residents of West Covina with opportunities to live in decent, safe, sanitary, and energy -efficient housing at costs they can reasonably afford; and WHEREAS, it is a stated goal of the Housing Element of the General Plan to encourage the construction of a wide variety of new housing to meet the needs of all residents; and WHEREAS, the proposed senior citizen apartment use of the property will be compatible with existing surrounding uses, which include multiple -family residential, single-family residential, commercial, and institutional uses; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 1 Oth day. of November, 2009, conduct a duly noticed public hearing to consider said application; and WHEREAS, the Planning Commission, upon giving the required notice, did on the loth day of November, 2069, conduct a.duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted resolution 09-5343 recommending approval to the City Council; and WHEREAS, the City Council did, on the 151h day of December, 2009, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. Approval of the zone change will allow for the development of the site that consists of'partially-constructed improvements which fronts on Workman Avenue and is adjacent to existing multi -family housing and an automobile dealership. 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. Ordinance No. 2199 January 19, 2010 - Page 2 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. C. 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 MITIGATED 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. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The site is currently zoned "Specific Plan No. 22." The specific plan allows for the development of a 24-unit condominium development. Surrounding land uses include a two-story apartment complex to the north, across Workman Avenue, and a school to the northeast. A Chrysler -Jeep automobile dealership is located immediately to the west and south. An existing senior housing project is located to the east of the subject property. The properties to the north and east are zoned "Medium Density Residential " (MF-20). The property adjacent to the west and to the south is zoned "S-C" (Service Commercial). The proposed zoning is compatible with the surrounding zones and land use. b. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the surrounding area. Surrounding land uses include apartment buildings, a senior citizen development, and automobile sales, service and storage. The proposed senior citizen apartment complex, submitted concurrently with the proposed change of zone, has been designed so as to not disrupt the use of adjoining property and to be aesthetically compatible with the area. Vehicular and pedestrian access is gained from Workman Avenue, immediately to the north of the site. The driveway approach to the site will not interfere with the surrounding properties. The project will be surrounded by a six- foot high block wall, which will serve as a buffer between the site, including the parking area, and the surrounding properties. The parking area is located along the east side of the site, between the proposed three-story building and the existing three-story senior apartments to the east of the site. Landscaping is proposed along the perimeter of the property. Trees will be planted in this landscaped area and will, upon maturity, serve as a visual buffer between the site and the adjoining residential properties. Landscaped yards, which will further screen the site from the surrounding properties, are proposed along the south, west, and north boundaries. C. The zone change will facilitate the development of 65 housing units for low- and very low-income senior citizens. This housing will provide a .significant benefit to the community in terms of providing sound, quality affordable housing for a variety of household types. d. The proposed change of zone will not adversely affect the comprehensive General Plan. The proposed affordable housing project will serve to further the achievement of goals and policies of the Housing Element' of the General Plan to provide all residents of West Covina with opportunities to live in decent, safe, and affordable housing, to assist in meeting existing and projected needs for lower -income housing, and to facilitate the development of housing for the elderly. Ordinance No. 2199 January 19, 2010 - Page 3 e. The proposed zone change from "Specific Plan No. 22" to "MF-20" ("Multiple - Family Residential - 20 dwelling units per acre") is consistent with the General Plan land use designation for the site "High Density Residential" (Over 20.0 dwelling units per acre), with a senior citizen density bonus allowing a density of 59.1 units per acre. 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, the above Zone Change No. 09-01 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 Section 15304 of the California Environmental Quality Act (CEQA) a Mitigated Negative Declaration of Environmental Impact has been prepared. The Planning Commission recommends approval of the Mitigated Negative Declaration and Monitoring Program for this project by the City Council. SECTION NO.3: The Planning Commission does hereby recommend to the City Council that they approve Zone Change No. 09701 (Exhibit "A"). APPROVED AND ADOPTED on this 19th day of January, 2010. Mayor Shelly Sanderson 'l City Clerk Laurie iCarrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 15th day of December 2009. That thereafter said Ordinance was duly adopted and, passed at a regular meeting of the City Council on the 19th day of January, 2010 by the following vote: AYES: Herfert, Hernandez, Lane, Touhey NOES:', None ABSENT: Sanderson ABSTAIN: None City Clerk Laurie Carrico APPROVED AS'TO FORM: 4Atto#Vy rnol Alvarez-Glasman ZONE CHANGE NO.09-01 EXHIBIT A 1839 116* 1838. 184 Q 298, e Garo,ey A we At . 140' aPyrb-i am; C.Qaa. TalaaA `ln.: D 19 al I,lao ?wdpcts. E Workman Ave 2 :247 z a 241 W, n G 19 235. `231 `225- 231 E 5hamwood 5t U I�� 1902 I 19 12 Indicates area proposed to be rezoned from "Specific Plan No. 22" to "Medium Density Multiple Family Residential" (MF-20) U I�� 1902 I 19 12 Indicates area proposed to be rezoned from "Specific Plan No. 22" to "Medium Density Multiple Family Residential" (MF-20) CERTIFICATION I, Susan Rush, Assistant City Cleric of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 2199 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Cleric's Office () floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) %J usan Rush, A sistant City Clerk Posted: S