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Ordinance - 2253ORDINANCE NO.2253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO.13-03 ZONE CHANGE NO.13-03 MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT APPLICANT: Jay Deckard and Phil Becerra, Warmington Residential LOCATION: 502 and 520 South Lark Ellen Avenue (Formerly St. Martha's Episcopal Church) 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 from: "Single -Family Residential (R-1)" to "Specific Plan No. 27 (Cadanera Specific Plan)" on a portion of that certain property generally described as follows: Assessor Parcel No. 8486-002-008 and 8486-002-009 as shown on the latest rolls of the Los Angeles County Tax 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 45 single-family dwelling units; and WHEREAS, a tentative tract map (No. 72320) has been submitted for the subdivision of 45 lots to be developed with 45 single-family dwelling units; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 22"d day of October, 2013, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 13-5536 recommending approval of the application; and WHEREAS, the City Council did, on the 171h day of December, 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 45 single- family dwelling units on a 5.7-acre parcel. 2. The project includes a zone change requesting to change the zone from "Single - Family Residential (R-1)" to "Specific Plan No. 27 (Cadanera Specific Plan)" that allows for 45 single-family residential units on a portion of the subject property. 3. The applicant is requesting approval of a tentative tract map to subdivide the site into 51 parcels. Forty-five lots would be developed with dwelling units and the remaining six lots would provide for a private street and common open space. 4. 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. Ordinance No. 2253 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. e. The approval of such a zone change is consistent with the General Plan or applicable specific plans. 5. 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 7.9 units per acre within Specific Plan 27. 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 the 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. However, the city has adopted 2014-2021 Housing Element Update and the goals and objectives remain the same. In recent years, the City has built higher density 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 45 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 an underutilized site and vacant religious buildings and is primarily surrounded by single-family residential Ordinance No. 2253 Page 3 development. As such, the change of zone will be in the interest of the public health, safety, and general welfare. d. The policies and objectives of the Specific Plan comply with the "Residential Low Medium" land use designation for the subject site in the General Plan, and the provisions for design and improvements comply with the implementation policies and objectives of the Specific Plan. The General Plan establishes densities for the different residential land use designations. The Specific Plan would allow the subject site to be developed at a density of 8 units per acres, which is consistent with the density allowed in the General Plan Use Designation for "Residential Low Medium." 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 General Plan land use designation of "Residential Low Medium". The proposed land use designation allows for a density range of 4.1 to 8 units per acres. The proposed project is 7.9 units per acre and is consistent with the development standards set forth in the Specific Plan No. 27 (Cadanera Specific Plan). 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. 13-03 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. 13-03, 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. APPROVED AND ADOPTED on this 21St day of January 2014. ATTEST: it City Clerk Nickolas S. Lewis Ordinance No. 2253 Page 4 I, NICKOLAS S. LEWIS, 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 171h day of December, 2013. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 21s' day of January, 2014 by the following vote: AYES: Spence, Sykes, Toma, Warshaw, Herfert NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM: 4ityAttorney old Alvarez-Glasman 0 d'940-y� ity Clerk Nickolas S. Lewis 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. :� a53 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 (3rd floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) Susan Rush, Assistant City Clerk Posted: 0l / 3�d��