AGENDA
ITEM NO. 3.
DATE: September 13, 2022
ITEM NO. 3.
DATE: September 13, 2022
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
CODE AMENDMENT NO. 22-03
ZONE CHANGE NO. 22-02
GENERAL EXEMPTION
REQUEST:The proposed code amendment consists of potential amendments to Chapter 26 (Zoning), Article X (Nonresidential Zones), Article XIII (Overlay Zone), and Section 26-597 of the West Covina Municipal Code pertaining to the creation of a Mixed-Use Overlay Zone consisting of underutilized properties with a Commerce & General Plan land-use designation and applicable development and objective design standards. The City's General Plan allows for residential development within the Commerce land-use designation. The proposed code amendment would provide a means to create the mixed-use residential and commercial development within the same parcel intended by the General Plan.
ZONE CHANGE NO. 22-02
GENERAL EXEMPTION
REQUEST:The proposed code amendment consists of potential amendments to Chapter 26 (Zoning), Article X (Nonresidential Zones), Article XIII (Overlay Zone), and Section 26-597 of the West Covina Municipal Code pertaining to the creation of a Mixed-Use Overlay Zone consisting of underutilized properties with a Commerce & General Plan land-use designation and applicable development and objective design standards. The City's General Plan allows for residential development within the Commerce land-use designation. The proposed code amendment would provide a means to create the mixed-use residential and commercial development within the same parcel intended by the General Plan.
BACKGROUND
General Plan Consistency
On December 2016, the City Council adopted the City's General Plan which allows for and encourages a wide range of building types that contain a mix of functions including commercial, entertainment, office and housing (21 to 54 units per acre in the Downtown Plan area and 9 to 20 units per acre outside of the Downtown Plan area) within the Commerce land-use designation. Although the General Plan allows for housing in commercial areas, the City's zoning code does not have development standards that would allow the development of housing in commercial zones. The proposed Code Amendment would make the zoning code consistent with the City's General Plan.
The proposed Code Amendment and Zone Change is consistent with the following General Plan Policies and Actions:
Staff and the City's consultant has obtained input from the public and the Development Code Update Subcommittee on the preparation and content of the proposed Mixed-Use Overlay Zone standards and Multi-Family Residential Objective Design standards. The Subcommittee's comments have been incorporated into the documents.
The Mixed-Use Overlay Zone standards are intended to be revised (if necessary) and consolidated with the Development Code Update that the City is working on and anticipate to complete mid-late 2023. Staff is recommending the adoption of the Mixed-Use Overlay Zone development standards to demonstrate to the State that the City is making great effort to comply with housing laws and meet the Regional Housing Needs Assessment number assigned to West Covina (very low income = 1,649, low income = 848, moderate income 863, above moderate= 1,974: 5,334 total housing units).
On December 2016, the City Council adopted the City's General Plan which allows for and encourages a wide range of building types that contain a mix of functions including commercial, entertainment, office and housing (21 to 54 units per acre in the Downtown Plan area and 9 to 20 units per acre outside of the Downtown Plan area) within the Commerce land-use designation. Although the General Plan allows for housing in commercial areas, the City's zoning code does not have development standards that would allow the development of housing in commercial zones. The proposed Code Amendment would make the zoning code consistent with the City's General Plan.
The proposed Code Amendment and Zone Change is consistent with the following General Plan Policies and Actions:
- Policy 3.3 - New growth will complete, enhance, and reinforce the form and character of the unique West Covina neighborhoods, districts, and corridors
- Action 3.3 - Adjust regulations for the neighborhoods, districts and corridors to reflect the nature of intended change.
Staff and the City's consultant has obtained input from the public and the Development Code Update Subcommittee on the preparation and content of the proposed Mixed-Use Overlay Zone standards and Multi-Family Residential Objective Design standards. The Subcommittee's comments have been incorporated into the documents.
The Mixed-Use Overlay Zone standards are intended to be revised (if necessary) and consolidated with the Development Code Update that the City is working on and anticipate to complete mid-late 2023. Staff is recommending the adoption of the Mixed-Use Overlay Zone development standards to demonstrate to the State that the City is making great effort to comply with housing laws and meet the Regional Housing Needs Assessment number assigned to West Covina (very low income = 1,649, low income = 848, moderate income 863, above moderate= 1,974: 5,334 total housing units).
DISCUSSION
The Commercial zoning designation (the Map is included as Attachment No. 4) for each of properties proposed to be included in the Mixed-Use Overlay zone will not change. The proposed Zone Change will create an overlay zone, which is a zoning tool available for municipalities to create additional regulations superimposed on existing zoning in specific areas. If adopted, all properties located within the overlay zone are required to comply with the overlay zone standards for developments with a residential/housing component; developments without residential/housing will default to the base zoning district standards/regulations.
Code Amendment
The following is a summary of the proposed Code Amendment:
Section 26-566 (Chapter 26, Article X, Division 3)
The Objective Design Standards describes specific building types, design, materials, and siting requirements in order to produce high quality architectural design and construction.
Code Amendment
The following is a summary of the proposed Code Amendment:
Section 26-566 (Chapter 26, Article X, Division 3)
- Cross-references the Mixed-Use Overlay zone for developments with a residential component.
- New division (Division 5: Mixed-Use Overlay) is created
- Establishes the purpose of the Mixed-Use Overlay Zone
- Uses - Identifies the following permitted residential uses/functions: single-family detached or attached condominiums, multifamily condominiums or apartments, accessory buildings, home occupations, keeping of animals/pets, family daycare, supportive housing, and low barrier navigation centers.
- Process - A precise plan application is required for mixed-use development. The precise plan application would be separated into two categories: 1) ministerial and 2) Planning Commission review level entitlement. Only Senate Bill 35 (SB 35) projects and projects providing at least 25% low income housing with deed restriction qualifies for ministerial review. The Community Development Director is responsible for approval of ministerial projects based open compliance with adopted West Covina Multifamily Objective Design Standards.
- Conditions, Covenants, and Restrictions (CC&Rs) - CC&Rs for all condominium development are required to be reviewed and approved by the City Attorney.
- Density - The maximum number of density shall not exceed the maximum allowed by the General Plan. Currently, the maximum density allowed is up to 20 residential units per acre for commercial areas outside the Downtown Plan and Code area.
- Floor Area Ratio (FAR) - A minimum leasable commercial gross FAR of 0.15 is required. This requirement has been incorporated in order to retain commercial space to serve residential uses and to maintain the City's sales tax base.
- Setback - The required setbacks are summarized on the table below.
| Front | Side | Street Side | Rear | Side/Rear Abutting R-A/R-1 Use |
| 15 feet | 10 feet | 15 feet | 15 feet | 1-story - 15 feet 2-story - 25 feet 3-story - 40 feet |
- Building Height - The maximum allowable building height are summarized on the table below.
| Within 100 feet from R-A or R-1 zones or Residential Use | Any building containing residential use | Any building with only commercial uses at least 100 feet from R-A or R-1 zones and uses |
| 45 feet | 45 feet | No height limit |
- Residential Off-street Parking - The minimum required off-street parking are summarized on the table below.
| Studio Units | 1 covered parking space |
| 1 Bedroom Units | 1.5 covered parking space |
| 2 + Bedroom Units | 2 covered parking spaces |
| Guest Parking Spaces | 1 parking space for every 4 dwelling units |
- Recreational Space - The minimum recreational space requirements are summarized on the table below.
| Area (minimum) | Width (minimum) | Depth (minimum) | |
| Common Open Space | 200 square feet | 15 feet | 15 feet |
| Private Open Space | 200 square feet | 15 feet | 5 feet |
- Landscaping - All open areas except for vehicle access, parking areas, and walkways are required to be improved with landscaping. One 15 gallon (minimum size) tree is required for every 10 row of parking and two trees are required for every 20 double row of parking.
The Objective Design Standards describes specific building types, design, materials, and siting requirements in order to produce high quality architectural design and construction.
ENVIRONMENTAL DETERMINATION
The code amendment and zone change are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of development standards and the creation of an overlay zone that includes additional limitations on uses and standards that are allowed in the General Plan, which does not have the potential for causing a significant effect on the environment.
LEGAL REVIEW:
Planning staff recommends that the Planning Commission adopt Resolution No. 22-6113, Resolution No. 22-6114, and Resolution No. 22-6115, recommending the City Council adopt Zone Change No. 22-02, Code Amendment No. 22-03, and the West Covina Multi-Family Objective Design Standards.
Submitted by:
Jo-Anne Burns, Planning Manager
Attachments
- Attachment No. 1 - Resolution Recommending Adoption of Zone Change
- Attachment No. 2 - Resolution Recommending Adoption of Code Amendment
- Attachment No. 3 - Resolution Recommending Adoption of Multi-Family Objective Design Standards