AGENDA
ITEM NO. 5
DATE: October 10, 2023
ITEM NO. 5
DATE: October 10, 2023
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
GENERAL PLAN AMENDMENT NO. 23-02
ZONE CHANGE NO. 23-02
CODE AMENDMENT (DEVELOPMENT CODE UPDATE) NO. 23-01
INITIAL STUDY - NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
LOCATION: Citywide
REQUEST: The proposed comprehensive Development Code Update of the City’s Municipal Code, including the combination of the Subdivision Code (Title 20) and the Zoning Code (Title 26) into one Development Code (Title 26). These chapters of the Municipal Code regulate how construction projects are processed and the requirements with which they must comply. These projects can range from small additions to single-family homes to new shopping centers. The goal of this effort is to create a new, streamlined Development Code that establishes clear and concise regulations for property owners, architects, and developers. Some sections of the existing Code have not been updated since the last comprehensive update in 1980. The new Code will eliminate outdated rules and regulations; provide regulations for new uses; and update the Code for consistency with the City’s Housing Element and recent State legislation. It is intended that this Code will simplify the zoning process in the City.
ZONE CHANGE NO. 23-02
CODE AMENDMENT (DEVELOPMENT CODE UPDATE) NO. 23-01
INITIAL STUDY - NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
LOCATION: Citywide
REQUEST: The proposed comprehensive Development Code Update of the City’s Municipal Code, including the combination of the Subdivision Code (Title 20) and the Zoning Code (Title 26) into one Development Code (Title 26). These chapters of the Municipal Code regulate how construction projects are processed and the requirements with which they must comply. These projects can range from small additions to single-family homes to new shopping centers. The goal of this effort is to create a new, streamlined Development Code that establishes clear and concise regulations for property owners, architects, and developers. Some sections of the existing Code have not been updated since the last comprehensive update in 1980. The new Code will eliminate outdated rules and regulations; provide regulations for new uses; and update the Code for consistency with the City’s Housing Element and recent State legislation. It is intended that this Code will simplify the zoning process in the City.
BACKGROUND
At the June 2, 2020 City Council meeting, the City Council authorized the City Manager to apply for and receive the Local Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development, and enter into an agreement with the State for a grant of $500,000. LEAP is a one-time grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the acceleration of housing production and help local governments prepare for the 6th Cycle Regional Housing Needs Assessment. The City is utilizing the LEAP Grant to complete a comprehensive re-write of the City's Zoning Code (Development Code Update). The Development Code Update process includes extensive community outreach.
In December 2016, the City Council adopted the City's General Plan, that establishes the community’s vision for future development of the City over the next 20 years. The General Plan is a comprehensive policy document which establishes objectives and policies that guide physical development within a city. A city adopts and periodically amends its Development Code to establish zoning and subdivision regulations that are consistent with the policies, and achieve the goals, of the General Plan. The City of West Covina Development Code Update is a comprehensive amendment that aims to update the City’s subdivision and zoning standards to implement the City’s General Plan.
The purpose of the proposed Development Code Update is to create a new, streamlined Development Code that establishes clear and concise regulations for future property development. The intent of the comprehensive Development Code Update is to eliminate outdated rules and regulations, provide regulations for new uses, and comply with new and updated state laws. The proposed Development Code update also includes certain incentives and concessions for future housing projects designed to encourage development of a range of housing types to aid the City in meeting its current Regional Housing Needs Assessment.
Process
The Development Code Update process includes extensive community outreach. The City held five (5) community meetings within each of the City's Council Districts to make the meetings more accessible to the residents and to obtain public input. Public input was also received via email and through the Development Code Update website. Information obtained from the public was presented to the Development Code Update Subcommittee comprising of Commissioner Becerra and Chairman Gutierrez, and Councilman Wu and former Mayor Castellanos. The draft Development Code is being prepared based on guidance obtained from the Subcommittee. A summary of the public outreach efforts and response is included in this report as Attachment No. 5.
In December 2016, the City Council adopted the City's General Plan, that establishes the community’s vision for future development of the City over the next 20 years. The General Plan is a comprehensive policy document which establishes objectives and policies that guide physical development within a city. A city adopts and periodically amends its Development Code to establish zoning and subdivision regulations that are consistent with the policies, and achieve the goals, of the General Plan. The City of West Covina Development Code Update is a comprehensive amendment that aims to update the City’s subdivision and zoning standards to implement the City’s General Plan.
The purpose of the proposed Development Code Update is to create a new, streamlined Development Code that establishes clear and concise regulations for future property development. The intent of the comprehensive Development Code Update is to eliminate outdated rules and regulations, provide regulations for new uses, and comply with new and updated state laws. The proposed Development Code update also includes certain incentives and concessions for future housing projects designed to encourage development of a range of housing types to aid the City in meeting its current Regional Housing Needs Assessment.
Process
The Development Code Update process includes extensive community outreach. The City held five (5) community meetings within each of the City's Council Districts to make the meetings more accessible to the residents and to obtain public input. Public input was also received via email and through the Development Code Update website. Information obtained from the public was presented to the Development Code Update Subcommittee comprising of Commissioner Becerra and Chairman Gutierrez, and Councilman Wu and former Mayor Castellanos. The draft Development Code is being prepared based on guidance obtained from the Subcommittee. A summary of the public outreach efforts and response is included in this report as Attachment No. 5.
DISCUSSION
The Development Code is a zoning tool available for municipalities to create property-specific land use and development regulations. Key objectives of the Development Code update include:
General Plan Amendment
Approval of a General Plan Amendment (GPA) is requested as part of the proposed project. The proposed GPA involves the reclassification of land use designations for specific properties due to zone changes that are proposed as part of this project. This includes two undeveloped, city-owned parcels that have an existing land use designation of NL (Neighborhood Low) that will be reclassified to the land use designation of POS (Parks and Open Space). Additionally, as part of the comprehensive Development Code update, existing zoning classifications of Public Building (P-B) and Planned Industrial (I-P) will be eliminated and rezoned to either Open Space (O-S) or Service Commercial (S-C), depending on existing and surrounding uses of each parcel.
Zone Change
The project involves a zone change involving the rezoning of C-2 and C-3 zoned properties to N-C (Neighborhood Commercial) or S-C (Service Commercial). The City’s current zoning code describes the C-2 and C-3 zones as antiquated zoning categories, and sets forth standards limiting the expansion of these zones. The C-2 and C-3 zones will be eliminated and re-classified as Neighborhood Commercial or Service Commercial, depending on each specific parcel and its surrounding uses. As part of the comprehensive Development Code update, the city’s existing zoning classifications of P-B (Public Building) and I-P (Planned Industrial) will be eliminated and replaced by either O-P (Open Space) or S-C (Service Commercial) zoning classifications, depending on each parcel, and surrounding uses. The zone change will involve properties generally described as Assessor’s Parcel Nos. 8724-013-901, 8724-013-900 and 8458-003-900 from Public Building (P-B) to Open Space (O-S) and Assessor’s Parcel Nos. 8459-025-020, 8459-025-019, and 8459-025-024 from Planned Industrial (I-P) to Service Commercial (S-C).
Development Code Update Code Amendment
The following is an outline of the proposed Development Code Update:
Section 26-01 through 26-43 (Chapter 26, Article 1)
- Combine the City’s Subdivision Ordinance, Multi-family Objective Design Standards and Zoning Code into one Development Code (Title 26)
- Reorganize the Development Code so that it is clear, concise and easy to use.
- Allow for residential uses within existing commercial (or office) zones and encourage mixed-use development while retaining the character of the Community.
- Revise the City’s Development Code to eliminate outdated regulations, provide for new uses, and update the Development Code regulations for consistency with the City’s Housing Element, and recent State legislation.
General Plan Amendment
Approval of a General Plan Amendment (GPA) is requested as part of the proposed project. The proposed GPA involves the reclassification of land use designations for specific properties due to zone changes that are proposed as part of this project. This includes two undeveloped, city-owned parcels that have an existing land use designation of NL (Neighborhood Low) that will be reclassified to the land use designation of POS (Parks and Open Space). Additionally, as part of the comprehensive Development Code update, existing zoning classifications of Public Building (P-B) and Planned Industrial (I-P) will be eliminated and rezoned to either Open Space (O-S) or Service Commercial (S-C), depending on existing and surrounding uses of each parcel.
Zone Change
The project involves a zone change involving the rezoning of C-2 and C-3 zoned properties to N-C (Neighborhood Commercial) or S-C (Service Commercial). The City’s current zoning code describes the C-2 and C-3 zones as antiquated zoning categories, and sets forth standards limiting the expansion of these zones. The C-2 and C-3 zones will be eliminated and re-classified as Neighborhood Commercial or Service Commercial, depending on each specific parcel and its surrounding uses. As part of the comprehensive Development Code update, the city’s existing zoning classifications of P-B (Public Building) and I-P (Planned Industrial) will be eliminated and replaced by either O-P (Open Space) or S-C (Service Commercial) zoning classifications, depending on each parcel, and surrounding uses. The zone change will involve properties generally described as Assessor’s Parcel Nos. 8724-013-901, 8724-013-900 and 8458-003-900 from Public Building (P-B) to Open Space (O-S) and Assessor’s Parcel Nos. 8459-025-020, 8459-025-019, and 8459-025-024 from Planned Industrial (I-P) to Service Commercial (S-C).
Development Code Update Code Amendment
The following is an outline of the proposed Development Code Update:
Section 26-01 through 26-43 (Chapter 26, Article 1)
- Division 1 – Purpose and applicability of the Development Code
- Division 2 – Interpretation of the Development Code
- Division 3 – Zoning Districts and Zoning Map
- Division 4 – Definitions
- Relocate all definitions throughout the Code within Article 1, Division 4.
- Division 1 – Residential zones (RA, R1, MF-8, MF-15, MF-20, MF-45)
- Removal of Area Districts I-IV for single-family residential zones and establish minimum lot width, minimum lot depth and minimum lot area criteria.
- Revise permit requirements and allowable uses.
- Include single- and multi-family residential development standards and permitted/unpermitted land uses in one section.
- Remove the CUP requirement for mobile homes to permitted by right (but still requiring a precise plan), in accordance with CGC Sec. 65852.3, and added definitions for these uses.
- Expand definition of “group home” and allowing those with 6 or fewer occupants in single-family and multi-family zones (per State Law) and requiring CUPs for larger facilities in higher intensity MF zones.
- Add farmworker/employee housing per State law.
- Add requirements that construction within the Very High Fire Hazard Severity Zone shall comply with Chapter 7A of the California Building Code.
- Division 2 – Commercial Mixed-Use, Office Mixed-use, and Manufacturing Zones (OPMU, NMU, SMU, RMU, M-1)
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- Rename existing Office-Professional (O-P), Neighborhood Commercial (N-C), Regional-Commercial (R-C), and Service-Commercial (S-C) zones to Office-Professional Mixed-Use (OPMU), Neighborhood-Commercial Mixed-Use (NMU), Regional-Commercial Mixed-Use (RMU), and Service-Commercial Mixed-Use (SMU).
- Eliminate Medium-Commercial (C-2) and Heavy-Commercial (C-3) commercial zones and rezone to NMU or SMU.
- Incorporate standards for residential development in Mixed-Use zones as standards for commercial mixed-use and office mixed-use zones, and remove the Mixed-Use Overlay.
- Revise permit requirements and allowable uses.
- Add an administrative permitting requirement for self-service kiosks for retail establishments.
- Prohibit new drive-thru food establishments.
- Include and combine development standards and permitted/unpermitted land uses table for all mixed-use commercial, mixed-use office and industrial zones in one section.
- Incorporate standards for temporary uses.
- Division 3 – Special Purpose Zones (O-S, S-P)
- Include Open Space (O-S) and Specific Plan (S-P) permitted uses and development standards within the Special Purpose Zone
- Division 4 - Overlay Zones (Hillside, Planned Community and Residential Development, Auto Plaza, Animal Keeping)
- Remove Mixed-Use Overlay, and incorporate standards into mixed-use office and commercial under Article 2, Division 2.
- Division 1 – General Site Planning and Development Standards
- Clarify methodologies for lot coverage calculation, building height measurements and exceptions, setback and sight triangle measurements, and allowable encroachments into setbacks.
- Include exhibits for building height and setback measurements and sight triangle methodology.
- Division 2 – Accessory Structures
- Include general development standards relating to accessory structures (not including ADUs).
- Include Solar Energy Systems standards.
- Division 3 – Fences, Walls, and Hedges
- Include exhibit detailing method for measuring fence and wall heights.
- Simplify standards for fences, walls, hedges and retaining walls.
- Division 4 – Screening and Buffering
- Relocate screening and buffering standards under Article 3.
- Division 5 – Landscaping
- Relocate the Model Water Efficient Landscape Ordinance under Article 3.
- Simply General Landscaping Standards.
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- Include landscape maintenance section.
- Incorporate standards and permitting regulations for synthetic turf.
- Division 6 – Parking and Loading
- Relocate all parking standards within under one section (Article 3, Division 6).
- Simplify minimum parking requirements.
- Incorporate bicycle parking standards for specific uses.
- Update Reduction of Parking Requirements and Joint Use Parking Ordinance and relocate to Article 3, Division 6.
- Relocate parking space dimension standards to Article 3, Division 6, and include an exhibit.
- Division 7 – Transportation and Air Quality Control Measures
- Relocate this section under Article 3, Division 7.
- Division 8 – Sign Regulations
- Allow electronic reader board for specific uses.
- Update sign standards.
- Division 1 – Standards for Specific Land Uses
- Relocate standards for specific uses under Article 4, Division 1.
- Include standards for electric vehicle stations and solar carports, limited service (take-out and delivery only) restaurants, skilled nursing facilities (including assisted living, dialysis facilities and similar uses), standards for stand alone kiosks,
- Update to include standards for Transitional and Supportive Housing.
- Update animal keeping provisions.
- Update game arcade and internet access centers to amusement and entertainment facilities with updated regulations.
- Update dance facilities use to community assembly facility.
- Update Massage Parlors and Bath houses to Massage Parlors and Heath and Beauty Spas.
- New section for outdoor dining, including not requiring parking for the first 500 square feet of outdoor dining areas per business.
- Add design requirements for outdoor dining areas.
- Allow for and add regulations for new types of uses (e.g., craft manufacturing facilities, craft breweries/distilleries) to align with new ABC regulations.
- Division 2 – Accessory Dwelling Units and junior accessory dwelling units
- Update ADU standards to comply with recent State legislation and relocate ADU standards under Article 4, Division 2.
- Division 3 – Affordable Housing and Density Bonus Incentives
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- Update and incorporate affordable housing and density bonus incentives ordinance under Article 4, Division 3.
- Update the Density Bonus Ordinance for consistency with State Law and define concessions and waivers in definitions section.
- Refine definitions of concessions and waivers as they relate to density bonuses.
- Division 4 – Urban Dwelling Units
- Relocate standards for urban dwelling units under Article 4, Division 4.
- Division 5 – Multi-Unit Dwelling Objective Design Standards
- Incorporate the City of West Covina’s Multi-Unit Dwelling Objective Design Standards into Development Code as Article 4, Division 5
- Division 1 – General Nonconforming Provisions
- Update to include a purpose and intent for General Nonconforming Provisions.
- Division 2 – Nonconforming Parcels
- Division 3 – Nonconforming Signs
- Division 4 – Nonconforming Structures
- Division 5 – Nonconforming Uses
- Division 6 – Abatement and Extension of Nonconforming Uses, Structures and Parcels
- Division 1 – General Provisions
- Revise, simply General Provisions, relocate into Article 6, Division 1.
- Increase the public notification requirement from 300-foot radius from a project site to 500-foot radius (1,000-foot radius for wireless facilities).
- Replace newspaper posting requirement for development applications with on-site posting.
- Eliminate the Large Home and Large Addition processes for single-family residential units.
- Division 2 – Reasonable Accommodation
- Division 3 – Precise Plan
- Division 4 – Conditional Use Permit
- Division 5 – Variances
- Division 6 – Administrative Permit
- Reduce and simplify the number of planning permits, predominantly for administrative processes.
- Division 7 – Minor Modification
- Division 8 – Film Permit
- Division 9 – Second Unit Review (Accessory Dwelling Unit)
- Division 10 – Preservation, Protection and Removal of Trees
- Division 11 – Environmental Assessment Guidelines and Procedures
- Division 12 – Revocation Procedures
- Division 13 – Planning Commission Subcommittee For Design
- Division 1 – Amendments
- Division 2 – Administration
- Division 1 – Authority
- Division 2 – General Provisions
- Increase park dedication requirements from 3.0 acres per 1,000 residents to 3.2 acres per 1,000 residents
- Revisions include flag lot requirements such as a limitation on the number of residential flag lots and flag lot design standards.
- Division 3 – Tentative Tract Maps
- Notice of hearing for tentative tract maps changed from 300 feet to 500 feet.
- Division 4 – Vesting Tentative Maps
- Division 5 – Final Maps
- Division 6 – Tentative Parcel Map
- Reduce the reviewing authority of parcel maps (subdivisions of four parcels or less) from the Planning Commission to the Community Development Director.
- Division 7 – Reversions to Acreage
- Division 8 – Lot Line Adjustments
- Division 9 – Lot Merger
- Division 10 – Certificate of Compliance
- Division 11 – Parcel Maps For Urban Lot Splits
- Division 12 – Condominium Conversion
GENERAL PLAN CONSISTENCY
The proposed Development Code Update is consistent with the following General Plan Policies and Actions:
- Policy 2.5 – Encourage transformative development in the triangle bounded by Glendora Avenue, Vincent Venue and Interstate 10.
- Policy 2.6 – Create a diversity of housing options.
- Policy 3.1 – Preserve existing housing stock.
- Policy 3.3 – New growth will complete, enhance, and reinforce the form and character of the unique West Covina neighborhoods, districts, and corridors.
- Policy 3.2 – Support vibrant, economically strong neighborhoods through education and enforcement of property maintenance regulations.
- Action 2.5a – support the revitalization of Glendora Avenue retail.
- Action 2.6a - Encourage multifamily projects that are urban in design and facilitate a pedestrian-oriented environment by utilizing ground-floor retail, and active and vibrant streetscapes. West Covina should promote opportunities, engage developers, and support higher-intensity, mixed-use multifamily residential development. The City can work to familiarize the development community with the City’s General Plan and Vision for Downtown, and emphasize the City’s commitment to a priority list of infrastructure investments, and expectations in terms of development/design quality.
- Action 3.1 – Incorporate standards in the Development Code to preserve the existing form and character of stable residential areas and prevent encroachment of incompatible land uses and intensity.
ENVIRONMENTAL DETERMINATION
Pursuant to the California Environmental Quality Act (CEQA), an Initial Study (IS) has been prepared for the Development Code Update and its associated discretionary approvals. The IS indicates that the potentially significant impacts can be reduced to less than significant levels with implementation of mitigation measures, and therefore, requires preparation of an Initial Study/ Negative Declaration (IS/ND). Based on the environmental checklist form prepared and supporting environmental analysis, the Development Code Update would have no impact or less than significant impact on the environment. The ND has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and was circulated for public comment for 20 days (from August 28, 2023 to September 17, 2023).
Comments were received from the Los Angeles County Metropolitan Transportation Authority. A response to the comments was prepared and is provided within the Final Negative Declaration Document.
Comments were received from the Los Angeles County Metropolitan Transportation Authority. A response to the comments was prepared and is provided within the Final Negative Declaration Document.
LEGAL REVIEW:
Planning Staff recommends that the Planning Commission adopt Resolution No. 23-6134, Resolution No. 23-6135, Resolution No. 23-6136, and Resolution No. 23-6137, recommending the City Council adopt the Initial Study and Negative Declaration, General Plan Amendment No. 23-02, Zone Change No. 23-02, and Code Amendment (Development Code Update) No. 23-01.
OPTIONS:
The Environmental Document and Draft Development Code Update may be viewed on the City website through the following links:
West Covina Code Update | West Covina Code Update
Projects and Environmental Documents | City of West Covina
West Covina Code Update | West Covina Code Update
Projects and Environmental Documents | City of West Covina
Submitted by:
Planning Manager Jo-Anne Burns and Planning Consultant John Moreland
Attachments
- Attachment No. 1 - Certification of Negative Declaration Resolution
- Attachment No. 2 - General Plan Amendment Resolution
- Attachment No. 3 - Zone Change Resolution
- Attachment No. 4- Code Amendment Resolution
- Attachment No. 5 - Outreach Summary