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Ordinance - 2242ORDINANCE NO.2242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 12-01 ZONE CHANGE NO. 12-01 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Kye Evans, Brandywine Homes LOCATION: 512 S. Valinda Avenue WHEREAS, there was filed with this City a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Single -Family Residential (R-1)" to "Specific Plan No. 25 (Waverly Specific Plan)" on a portion of that certain property generally described as follows: Assessor Parcel No. 8476-023-045, in the records of the Los Angeles County Assessor; 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 19 single-family dwelling units; and WHEREAS, consistent with the request, the applicant has also requested a General Plan amendment (General Plan Amendment No. 12-01) to amend the project site General Plan Land Use Designation from "Low Medium Residential" to "Medium Residential." WHEREAS, a tentative parcel map (No. 71942) has been submitted for the subdivision of a 5.1 acres parcel into three parcels; and WHEREAS, a tentative tract map (No. 71960) has been submitted for the subdivision of Parcel No. 2 of Tentative Parcel Map No. 71942 into 24 lots to be developed with 19 single- family dwelling units; and WHEREAS, the Planning Commission, upon giving the required notice, did on the I I" day of December, 2012, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 12-5404 recommending approval of the application; and WHEREAS, the City Council did, on the 15t" day of January, 2013, 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 19 single- family dwelling units on a 2.31-acre parcel. 2. The project includes a General Plan amendment to amend the subject General Plan Land Use Designation from "Low Medium Residential" to "Medium Residential" on a portion of the subject property. 3. The project includes a zone change requesting to change the zone from "Single - Family Residential (MF-8)" to "Specific Plan No. 25 (Waverly Specific Plan)" that allows for 19 single-family residential units on a portion of the subject property. Ordinance No. 2242 Page 2 4. The project includes a tentative parcel map to divide the existing 5.1-acre property into three separate parcels. 5. The applicant is requesting approval of a tentative tract map to subdivide the site into 24 parcels. Nineteen lots would be developed with dwelling units and the remaining five lots would provide for a private street and common open space. 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. 7. 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 small -lot single- family project that allows for a density of 8.2 units per acre within Specific Plan 25. 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. Since most cities within the San Gabriel Valley are built out, most new residential projects are infill development in underutilized sites or in a mixed -use setting. Allowing different type of housing and flexibility of development standards, Cities can continue to provide new housing to accommodate the growing population and meet their fair share of regional housing. Therefore, the City did not envision allowing parcels smaller than 6,000 square feet in area. As such, there are changed conditions since the existing zoning became effective to warrant changes in relaxing the more traditional development standards established in 1980s when the City was rapidly developing. 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, the proposed zone change will not adversely affect adjoining property value and will not be detrimental since the area is improving by redeveloping an underutilized site that contains vacant buildings. 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 Ordinance No. 2242 Page 3 units primarily for senior citizens only. Although the proposed units are not considered affordable units as units being subsidized by any public funding mechanism, the 19 single family residential units would be potentially more affordable than the traditional units on larger parcels. In addition, the project provides an additional housing type that is a cluster design and provides the privacy and/or security of being a gated community. The Housing Element of the General Plan calls for "exploring opportunities for new residential development within those areas of the City occupied by vacant or underutilized, obsolete commercial and industrial uses." The Specific Plan would take advantage of redeveloping a site that is currently occupied by an underutilized site and vacant buildings 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 land use designation would be amended to change the land use designation for the subject site from "Low Medium Residential" to "Medium Residential." The General Plan establishes densities for the different residential land use designations. The General Plan Amendment would allow the subject site to be developed at a density of 8.2 units per acres, which is consistent with the density allowed in the General Plan Use Designation for "Medium Residential." As such, the proposed zone change will not adversely affect the comprehensive general plan of the City. e. The approval of such zone change is consistent with the proposed General Plan amendment land use designation of "Medium Residential". The proposed land use designation allows for a density range of 8 to 15 units per acres. The proposed project is consistent with the development standards set forth in the Specific Plan No. 25 (Waverly Specific Plan). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 12-01 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO. 2: The Planning Commission does hereby recommend to the City Council that it approve Zone Change No. 12-01, adopting the specific plan text as set forth in Exhibit A and changing the zoning designation for the subject property as set forth on Exhibit B and amending the Zoning Map of the City of West Covina. SECTION NO. 3: The City Clerk shall certify to the passage of this Ordinance. APPROVED AND ADOPTED on this 51" day February, 2013. ATTEST: City C1erk;L440e.Carrico Ordinance No. 2242 Page 4 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 January 2013. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 51" day of February 2013, by the following vote: AYES: Herfert, Sotelo, Sykes, Sanderson NOES: None ABSENT: None ABSTAIN: None City Clerk Laurie -Carrico -f� APPROVED AS TO FORM: r #Atfome;-Arnold Alvarez-Glasman