Ordinance - 2277ORDINANCE NO. 2277
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING ZONE CHANGE NO. 14-03.
ZONE CHANGE NO. 14-03
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: CV West Covina 1 INV, LLC (Kim Hesse)
LOCATION: 424 S. Lark Ellen Ave
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), Area District 1 to "Specific Plan No. 29 (Lark Ellen
Specific Plan)"
on that certain property generally described as follows:
Assessor's Parcel Number 8477-031-026 in the records of the Los Angeles County
Assessor; and
WHEREAS, local governments are authorized by Government Code section 65450 et
seq., to prepare specific plans for the systematic implementation of the general plan; and
WHEREAS, the Specific Plan implements the policies of the General Plan by providing
an orderly, functional and compatible land use pattern; 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 21
single-family homes; and
WHEREAS, consistent with this request, the applicant has also requested a tentative tract
map (TTM 73043) for the subdivision of the "Project Site" develop 21 single-family homes; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 24"'
day of March, 2015, conduct a duly noticed public hearing to consider said application; and
Ordinance No.2277
Zone Change No. 14-03
Page 2
WHEREAS, in order to allow the applicant additional time to address the concerns raised
by the residents in the vicinity of the project and staff, at its regular meeting held on the 24"' day
of March, 2015 the Planning Commission continued the public hearing to their regularly
scheduled meeting of April 28, 2015, and
WHEREAS, the Planning Commission upon continuation of the public hearing did on the
280' day of April, 2015, conduct a duly advertised public hearing to consider said application and
adopted Planning Commission Resolution No. 15-5737 recommending the approval of Zone
Change No. 14-03; and
WHEREAS, the City Council did, on the 2" d day of June, 2015, 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 21, two-story
single-family home units on a 2.9-acre property.
2. The project includes a tract map that delineates size, location of parcels and
common areas, and depicts building placement for each of the units.
3. The applicant is requesting approval of a tentative tract map to subdivide the site
into 21 single-family home lots.
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.
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.
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
Ordinance No. 2277
Zone Change No. 14-03
Page 3
project could have a significant effect on the environment, there will not be a
significant effect due to mitigating measures.
NOW, THEREFORE, the City Council of the City of West Covina, California, does
ordain as follows:
SECTION 1. The above recitals are found to be true and correct and incorporated herein
by this reference.
SECTION 2. Based on the evidence presented, and the findings set forth, the above
Zone Change No. 14-03 is hereby found to be consistent with the City's General Plan and the
land uses permitted within said zone classification as follows:
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 21 residential single-
family home units. Most of the cities located within the San Gabriel Valley are
built -out cities and developable land has become almost non-existent. As the
population continues to grow, it becomes challenging in continuing the same land
use pattern that the City had at the time it incorporated. As such, new housing
opportunities are being provided through lot consolidation, vacant and excess
parcels of land that are underutilized. The City of West Covina has not completed
a comprehensive evaluation of land uses and growth projections for decades. As
such, there are changed conditions since the existing zoning became effective to
warrant a zone change to accommodate the growing housing demand.
b. An environmental study, in compliance with CEQA, has been prepared
determining that mitigation measures are required. The mitigation measures serve
to prevent adverse impacts on 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 proposed project is residential and all
of the surrounding uses are residential. The proposed project will replace the one
existing single-family house, a church, and parking lot, and redevelop the site.
The project incorporates common open space areas throughout the development
and includes setbacks to provide separation from surrounding development. As
such, 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. The proposed zone change will facilitate the development of single-family
dwelling units and will replace a non-residential use within a single-family
residential zone. Therefore, the zone change furthers greater compatibility with
existing and approved residential uses in the immediate vicinity, which is in the
City's interest to further public health, safety, and general welfare.
Ordinance No. 2277
Zone Change No. 14-03
Page 4
d. The zone change will not adversely affect the City's General Plan. The proposed
zone change is consistent with the City's General Plan and policies.
e. The proposed zone change is consistent with the City's General Plan in that the
land use designation (Residential Low Medium) is intended to provide for single
family detached units with a density range of 4.1-8 units per acre.
The project is consistent with the following goals and policies of the General
Plan:
Land Use Element Goal 2. "The City of West Covina should remain a
predominantly single-family residential community with new development
reflecting a planned variety of architectural design within each neighborhood. "
Land Use Element Goal 5. "The City should continue to assure that residential
development conforms to the policies and actions specified in its Housing
Element. "
Housing Element Goal 2. "Provide a variety of housing types to accommodate
all economic segments of the City. "
Policy 2.4: "Provide high quality housing for current and future residents
at all income levels to achieve a "balanced" community. "
Housing Element Goal 5. "Identify adequate sites to achieve housing variety. "
Policy 5.1: "Provide a range of residential development types in West
Covina, including low density single-family homes, moderate density
lownhomes, higher density multi -family units, and residential/commercial
mixed use in order to address the City's share of regional housing needs. "
With the approval of Specific Plan 29, the zone change will be consistent with the
development standards set forth in the Specific Plan No. 29 (Lark Ellen Specific
Plan).
NOW, THEREFORE, the City Council of the City of West Covina, California,
does ordain as follows:
SECTION 3. The City Council of the City of West Covina hereby approves Zone
Change No. 14-03, 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 4. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Chapter, or its application to any person or circumstance,
is for any reason held to be invalid or unenforceable, such invalidity or unenforceability
Ordinance No. 2277
Zone Change No. 14-03
Page 5
shall not affect the validity or enforceability of the remaining sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases of this Chapter, or its application to
any other person or circumstance. The City Council declares that it would have adopted
each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
SECTION 5: This ordinance shall take effect thirty (30) days after its final passage and
within fifteen (15) days after its passage, the City Clerk of the City of West Covina shall certify
to the passage and adoption of this ordinance and to its approval by the Mayor and City Council
and shall cause the same to be published in a newspaper in the manner required by law.
PASSED, APPROVED AND ADOPTED nn this 16"' day of June. 2015.
APPROVED AS TO FORM:
" `( �dC.'
Kimberly Ha 1 Piarlow
City Attorney
tviayor
ATTEST:
Nickolas'S. Levuis
City Clerk
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 2nd day of June, 2015. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 16°i day
of June, 2015, by the following vote:
AYES: Spence, Toma, Warshaw, Wong, Sykes
NOES: None
ABSENT: None
ABSTAIN: None
Nickolas Sf Lewis
City Clerk