Ordinance - 2223J
ORDINANCE NO.2223
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.11-02
ZONE CHANGE NO. 11-02
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Tom Lao, Charles Company
LOCATION: 301 S. Glendora Avenue
WHEREAS, there was filed with this Council a verified application on the forms
prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, .for the
reclassification from: r
"Regional Commercial" (R-C) to "Specific Plan No. 24 (Lakes District Specific Plan)"
on that certain property generally described as follows:
Assessor Parcel No. 8474-010-010, in the records of the Los Angeles County Assessor;
and
WHEREAS, consistent with the request, the applicant has also requested a General Plan
amendment to add a "Mixed Use" designation to the Land Use Element and change the land use
designation on the subject property from "Regional Commercial" to "Mixed Use"; and
WHEREAS, the proposed zone change is requested to provide consistency between the
General Plan and Zoning Map, and to establish zoning standards for the subject project; and
WHEREAS, said zone change application is requested to allow for the development of
412 residential units and 20,000 square feet of commercial space; and
WHEREAS, a precise plan for the site plan and architecture has been submitted for the
development of the project; and
WHEREAS, a tentative tract map has been submitted, for the subdivision of the lot to
allow 413 residential and commercial condominiums; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 27`h
day of September, 2011, conduct a duly noticed public hearing to consider said application; and
WHEREAS, it is a stated policy of the Land Use Element of the General Plan to provide
for a range of non-residential uses that will ensure a strong economic base for the City; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 271h
day of September, 2011, conduct a duly noticed public hearing to consider the subject
application for a Zone Change, at which time the Planning Commission adopted Resolution No.
11-5442 recommending approval to the City Council; and
WHEREAS, the City Council did, on the 181h day of October, 2011, conduct a duly
advertised public hearing as prescribed by law, and considered evidence presented by the
Planning Commission, Planning Department, and other interested parties; and
WHEREAS, studies and investigations made by the City Council and in its behalf reveal
the following facts:
1. The project consists of a development plan for the construction of five -story
mixed -use project that includes 412 residential units, 20,000 square feet of
commercial space, and two five -level parking structures on a 6.57-acre property.
Ordinance No. 2223
Zone Change No. 11-02
Page 2
2. The project includes a General Planamendment to change the text in the Land
Use Element to add a "Mixed Use" designation, allow higher densities in mixed -
use residential projects and to change the land use designation from "Regional
Commercial" to "Mixed Use".
3. The project includes a zone change requesting to change the zone from "Regional
Commercial" (R-C) to "Specific Plan No. 24 (Lakes District Specific Plan)" that
allows for 412 residential units and 20,000 square feet of commercial space.
4. The project includes a precise plan for the architecture and site plan layout for the
proposed project.
5. The applicant is requesting approval of a tentative tract map to subdivide residential
and commercial units into condominiums.
6. .Findings necessary for approval of a 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.
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 proposed zone change will facilitate the development of a mixed -use project
that allows for higher density (up to 75 units per acre) within the Central Business
District: Since the last General Plan update in 1985, the housing market has
changed to provide different types of housing to accommodate the population
growth as well as to provide diverse housing that meets the population needs.
The success of mixed uses relies on the location, design, amenities and other retail
and services that can support the residents of these projects. As such the last
comprehensive General Plan update did not envision mixed -use as a type of
development that could be suitable and adequate for the City. Therefore, the City
did not designate zoning where mixed -use would be permitted. As such, there are
changed conditions since the existing zoning became effective to warrant other or
additional zoning that allows for mixed -use development.
b. An environmental study, in compliance with CEQA, has been prepared
determining that mitigation measures are required. The mitigation measures serve
to prevent adverse impact on the future project to be constructed on the site,
surrounding land uses, and service systems. In addition, proposed zone change
will not adversely affect adjoining property value and will not be detrimental
since the area' is improving by redeveloping the site occupied by 'a vacant
furniture store building.
Ordinance No. 2223
Zone Change No. 11-02
Page 3
C. The City of West Covina's Regional Housing Needs allocation (RHNA) for the
2008-2014 planning period had been determined by SCAG to be 2,462 units
including 631 units for very -low income households, 388 units for low income
households, 417 units for moderate -low income households and 1,026 units for
above moderate households. In recent years, the City has built higher density
units primarily for senior citizens only. Although the units are not considered
affordable units as units being subsidized by any public funding mechanism, the
proposed 412 residential units would be potentially more affordable than single-
family residential dwelling units. In addition, the project provides an additional
housing type that can accommodate a segment of the population that does not
desire to live in a single-family dwelling unit but in a more active urban
environment that is located adjacent to commercial/retail and entertainment
opportunities.
The Land, Use Element of the General Plan calls for "promoting an economic
development strategy that includes approaches for broadening the City's
economic base, creating residential employment opportunities and enhancing the
City's tax base." The Specific Plan would take advantage of redeveloping a site
that is currently occupied by a vacant building and take advantage` of the
property's proximity to mass transit and adjacent commercial/retail uses within
walking distance. As such, the change of zone will be in the interest of the public
health, safety, and general welfare.
d. The proposed zone change requires a General Plan amendment. The General Plan
includes nine elements (or chapters). California State law requires seven elements
(Land Use, Housing, Open Space, Conservation, Safety, Circulation and Noise).
Two elements of _ the General Plan have been modified since 1985, a Design
Element was adopted in 1991, and the Housing Element was revised in 1995. The
Land Use Element deals with the establishment of a pattern of land use and
standards for the density and intensity of development. Land use, designations are
established in the General Plan and implemented by the Zoning Code and the
Zoning Map.
The Land Use Element allows higher densities for senior citizen housing and low
and moderate income housing that utilize a density bonus. This section of the
General Plan is being amended to include mixed -use projects located in the
Central Business District area, as defined in the Land Use Element. The Mixed -
Use land use designation, that is concurrently being added to the Land Use
Element, allows up to 75 units per acre is being added. The Mixed -Use category
allows for a mix of residential and compatible office and retail service uses
integrated as a cohesive development or such uses developed side by side in a
manner that encourages interaction` between uses. Mixed -use development may
be vertically or horizontally mixed with emphasis on retail and office uses on
ground floors visible from the street and residential on the second and higher
floors. Pedestrian connections to different uses are important to the function of a
mixed -use development.
The following goal has been included in the Land Use Element:
• Preserve and enhance the Central Business District and Eastland commercial
areas through creative land use planning to avoid vacant and underutilized
commercial properties.
The following policies are included as part of this land use category:
• Utilize mixed -use development to create unique and varied housing types
where appropriate in the Central Business District.
io Mixed use development should only be considered on properties, that are
located within or directly adjacent to commercial or high density residential
areas, have access to public transit, utility infrastructure is in existence, and is
within walking distance to shopping opportunities. :
Ordinance No. 2223
Zone Change No. 1 1-02
Page 4
• Increased residential density and intensity should be compatible with
integrated commercial mixed uses and surrounding commercial uses.
Consideration should be given to the relationship of public transit and
pedestrian access to available goods and services.
The proposed General Plan amendment also includes a land use designation
change from "Regional Commercial" to the newly created "Mixed Use"
designation. The proposed text changes to the Land Use Element of the General
Plan and the proposed land use designation change allow the project to be,
consistent with the General Plan. As such, the proposed zone change will not
adversely affect the General Plan and the proposed project will be consistent with
the specific plan. In addition, all applicable City's divisions and departments
have reviewed the proposal and issued conditions of approval.
e. The approval of such zone change is consistent with the proposed General Plan
amendment land use designation of "Mixed Use". The proposed land use
designation allows for mixed -use developments. The proposed project is
consistent with the development standards set forth in the Specific Plan No. 24
(Lakes District Specific Plan). 11
NOW, THEREFORE, the City Council of the City "of West Covina, California, does
resolve as follows:
SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above
Zone Change No. 11-02 is hereby found to be consistent with the City's General Plan and
the land uses permitted within said zone classification.
SECTION NO. 2: The Planning Commission does hereby recommend to the City
Council that it approve Zone Change No. 11-02, adopting the specific plan text as set forth
in Exhibit A and changing the zoning designation for subject property as set forth on Exhibit
B and amending the Zoning Map of the City of West Covina.
SECTION NO. 3: The Secretary is instructed to forward a copy of this Resolution to the
City Council for its attention in the manner prescribed by law.
SECTION NO.4: The City Clerk shall certify to the passage of this Resolution.
APPROVED AND ADOPTED on this 1st day of November, 2011.
t
Mayor Ste Her ert
ATTEST:
ity Clerk La 'e Carrico
Ordinance No. 2223
Zone Change No. 11-02
Page 5
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 181h day of October 2011. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1ST day of
November 2011, by the following vote:
AYES:
Armbrust, Lane, Sanderson, Herfert
NOES:
None
ABSENT:
None
ABSTAIN:
Touhey
City Clerk 11aurie Carrico
APPROVED AS TO FORM:
"City Attorney old Alvarez-Glasman
CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2223 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 Clerk's, Office (3`d floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
Posted: if W 1 (
n Rush,; Askistant City Clerk
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