Ordinance - 2225•
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i
ORDINANCE NO.2225
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA APPROVING ZONE CHANGE NO.11-01
ZONE CHANGE NO. 11-01
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT
APPLICANT: Eric Chen, Creative Design Associates, Inc
LOCATION: 1607 West Covina Parkway (Southeast corner of West Covina Parkway
and West Garvey Avenue South - Civic Center)
WHEREAS, there was filed with this City a verified application on the forms prescribed
in Section 26-153 and26-199 of the West Covina Municipal Code, for the reclassification from:
"Public Building (P-B) to "Neighborhood Commercial" (N-C),
on that certain property generally described as follows:
Assessor Parcel No. 8474-001-906, in the records of the Los Angeles County Assessor;
and
WHEREAS, the proposed zone change (No. 11-01) is requested to provide consistency
between the General Plan and Zoning Map, and to establish zoning standards for the subject
project; and
WHEREAS, consistent with the request, the applicant has also requested a General Plan
amendment to change the land use designation on the subject property from "Public Facilities" to
"Service and Neighborhood Commercial"and
WHEREAS, a iprecise plan (No. 11-02) for the site plan and architecture and a tree
removal permit (No. 11-04) to remove significant trees has been submitted for the development
of the project; and
WHEREAS, a variance (No. 11-08) from parking requirements has been submitted for
the development of the project; and
WHEREAS, a tentative tract map (No. 71595) has been submitted, for the subdivision of
the lot to allow 39 office condominiums and create a parcel; and
WHEREAS, the Planning Commission, upon giving the required notice, did on the 22nd
day of November, 2011, conduct a duly noticed public hearing to consider the subject application
for a Zone Change, atll which time the Planning Commission adopted Resolution No. 11-5449
recommending denial of the application; and
WHEREAS, on December 1, 2011, an appeal of the Planning Commission action was filed
by Peichin Lee, CGM Development, Inc; and
WHEREAS, the City Council did, on the loth day of January, 2012, conduct a duly
I.
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 plan to approve the design and allow the construction of
a four-story medical office building with 39 condominium units and a surface
parking lot with 218 parking spaces on an approximately 2.69-acre development
site. In addition, the project includes the expansion of the parking lot on the south
side of the library to 129 parking spaces.
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Ordinance No. 2225
Page 2
2. The
3.
4.
5.
6.
7.
eject includes a General Plan amendment to change the land use
:ion from "Public Facilities" to "Service and Neighborhood Commercial."
The project includes a zone change requesting to change the zone from "Public
Building" (P-B) to "Neighborhood Commercial" (N-C).
The project includes a precise plan for the architecture and site plan layout for the
proposed project and a tree removal permit to remove 15 trees located in the front
yard setback.
The proposal requires the approval of a variance to deviate from parking
requirements.
The applicant is requesting approval of a. tentative tract map to subdivide the
building into medical office condominiums.
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
I
s 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.
8. Yursua
(CEQ,A
ENVIF
project
signifi<
WHEREAS, b
follows:
to the requirements of the California Environmental Quality Act
of 1970, a MITIGATED NEGATIVE DECLARATION OF
4MENTAL IMPACT has been prepared indicating that although the
uld have a significant effect on the environment, there will not be a
effect due to mitigating measures.
on the evidence, both oral and documentary, the City Council "finds as
a. The proposed zone change will ;facilitate the development of a medical office
project within the Civic Center complex. Since the last General Plan update in
1985, the City envisioned preserving the Civic Center for Public Facilities or
governmental -related office uses.' In the past years, the City has worked with
other developers to consider the development of the northwestern portion of the
Civic Center owned by the City of West Covina near the corner of West Covina
Parkway and Garvey Avenue. In order for the proposed development to be
consistent with the General Plan and Zoning, a General Plan Amendment as well
as a Zone Change is necessary to facilitate the development.
b. The proposed zone change will not adversely affect adjoining property value and
will not be detrimental to the area because the property is within the Civic Center
Complex and nearby commercial and office uses. The proposed medical office
building! has been designed to meet the development standards set forth in the
West Covina Municipal Code; except for parking requirements for which a
variance is being sought.
c. The proposed zone change is compatible with the surrounding area in that the
subject property is located in an area with other office uses and commercial retail
service oriented developments. The subject use is separated from residential uses
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Ordinance No. 2225
Page 3
to the north by the I-10 San Bernardino Freeway. In addition, the City has shown
interest in further developing the Civic Center with other non -governmental office
uses. AIs such, the proposed change of zone will be in the interest or furtherance
of the public health, safety, and general welfare.
d. The prc
include
(Land 1
Two e]
Elemer
Land I.
standar
establiE
Zoning
zone ct
e. The ap
land u.
propos,
office
Faciliti
the mei
NOW, THEK
hereby ordain as follo
)osed zone change requires a General Plan amendment. The General Plan,
nine elements (or chapters). California State law requires seven elements
se, Housing, Open Space, Conservation, Safety, Circulation and Noise).
ments of the General Plan have been modified since 1985, a Design
was adopted in 1991, and the Housing Element was revised in 1995. The
;e Element deals with the establishment of a pattern of land Muse and
s for the density and intensity of development. Land use designations are
.ed in the General Plan and implemented by the Zoning Code'' and the
Map. With the approval of a General Plan amendment, the proposed
Inge will be consistent and will not adversely affect the General Plan.
oval of such a zone change is consistent with the proposed General Plan
designation of "Service and Neighborhood Commercial." That the
land use designation allows for medical office, general professional
d service retail developments. The proposed zone change from "Public
" to "Neighborhood Commercial" would facilitate the development of
;al office. There are no specific plans that affect the property.
1:
Zone Change No
the land uses per
SECTION NO
shall cause the
ATTEST:
RE, the City Council of the City of West Covina, California, does
Based on the evidence presented, and the findings set forth, the above
11-01 is hereby found to be consistent with the City's General Plan and
itted within said zone classification.
The City Clerk shall certify as to the passage of this Ordinance and
to be published as required by law.
VED AND ADOPTED on this 17th day of January, 2012.
City Clerk Laurie Carrico
ayor Nf i`cchaeY Touhey
1, 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 l oth day of January 2012. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 17t" day
of January, 2012, by the following vote:
AYES: Herfert, Lane, Touhey
NOES: Sanderson
ABSENT: Sykes
ABSTAIN: None
City Clerk Latirie Carrico
APPROVED AS TO FORM: