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Ordinance - 2200ORDINANCE NO.2200 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.09-03) WHEREAS, Code Amendment No. 09-03 is a City -initiated code amendment regarding density bonus standards allowed in the Low- and Moderate -Income and Senior Citizen Housing; and WHEREAS, the Planning Commission, on the I I"' day of August, 2009, conduct a study session and initiate the code amendment; and WHEREAS, the Planning Commission, upon giving required notice, did on the 10'1' day of November, 2009, conduct a duly advertised public hearing as prescribed by law, at which time the Planning Commission adopted Resolution No. 09-5341 recommending to the City Council approval of Code Amendment No. 09-03; 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 151h day of December, 2009; 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 160 percent, thereby limiting the maximum density allowed to 52 units per acre 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. i 4. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. NOW THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION NO. Y: Based on the evidence presented and the findings set forth, Code Amendment No. 09-03 is hereby found to be consistent with the West Covina General Plan and implementation thereof SECTION NO. 2: The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, �in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 (Zoning) 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 be published as required by law. Ordinance No. 2200 January 19, 2010 Page 2 i APPROVED AND ADOPTED on this 19`h day of January 2010. Mayor Shelly Sanderson ATTEST: Clerk I, LAURIE CARRIC0, 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 191h day of January, 2010 by the following vote: AYES: Herfert, Hernandez, Lane, Touhey NOES: None ABSENT: Sanderson ABSTAIN: None APPROVED AS TO FORM: City Attorny Arn d Alvarez-Glasman ity Clerk Laune�Carrico EXHIBIT A Section 26-678.2 Discretionary density bonus (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) Any combination of dwelling units, meeting or exceeding the minimum percentages specified in section 26-678.1, reserved for and, affordable to very low-income households, reserved for and affordable to lower -income households, and reserved for qualifying residents (senior citizens). (d) A density bonus of greater than twenty-five (25) percent above the otherwise allowable density, but in no case greater than two hundred (200) percent, may be granted at the city's discretion to applicants that agree to provide any combination of dwelling units where all of the units are reserved for and affordable to very low-income households and/or lower -income households. Ord. 2200 - Low/Moderate-Income Senior Housing J Code Amendment No. 09-03 January 19, 2010 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. 2200 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 (3"d floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) 4-1 san Rush, Assistant City Clerk Posted: / l6