01-10-2012 - General Plan Amendment No. 11-01Zone Change No. 11 - No. 2 attach 10 (2).docR E S O L U T I O N N O.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING PRECISE PLAN NO. 11-02 AND TREE REMOVAL PERMIT
NO. 11-04
PRECISE PLAN NO. 11-02
TREE REMOVAL PERMIT NO. 11-04
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 forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, a requesting approval of a precise plan
of design to:
Construct a four-story 55,680-square foot medical office building with a surface parking lot and expand the parking lot on the south side of the library
On that certain property generally described as:
A portion of Assessor's Parcel No. 8474-001-906 as listed in the records of the office of the Los Angeles County Assessor; 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, consistent with this request, the applicant has also requested a zone change (No. 11-01) from “Public Building” (P-B) to “Neighborhood Commercial” (N-C); 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 precise plan (No. 11-02) and tree removal permit (No. 11-04), at which time the Planning Commission adopted Resolution No. 11-5450 denying 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 10th day of January, 2012, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission,
Planning Department, and other interested parties.
WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts:
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.
The project includes a General Plan amendment to change the land use designation 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 variance to deviate from parking requirements.
The applicant is requesting approval of a tentative tract map to subdivide the building into office condominiums.
Appropriate findings for approval of a precise plan of design are as follows:
a. The proposed development plans and the uses proposed are consistent with the General Plan and any applicable specific plan.
b. The proposed development is consistent with adopted development standards for the zone and complies with all other applicable provisions of the Municipal Code.
Granting the permit would not be detrimental to the public interest, health, safety, and welfare and would not unreasonably interfere with the use or enjoyment of property in the vicinity
of the subject property.
The site is physically suitable for the type, density and intensity of the development being proposed, including vehicle access and circulation, utilities, and the absence of physical
constraints.
The architecture, site layout, location, shape, bulk and physical characteristics of the proposed development are compatible with the existing and future land uses, and do not interfere
with orderly development in the vicinity.
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.
NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows:
1. On the basis of the evidence presented, both oral and documentary, the City Council makes the following findings:
The proposed zone change is not consistent with the General Plan. The Environmental Quality Element of the General Plan Goal No. 18 states that “whenever appropriate, maintain existing
vegetation to prevent soil erosion, provide scenic beauty and protection of water resources.” Although, the General Plan recognizes that the City has not officially designated scenic
highways, the General Plan states that “Within West Covina, scenic highways may be categorized a being either Urban or Hillside. Urban Scenic Highways generally serve as thoroughfares
leading to the heart of the West Covina Civic Center area, border the Central Business District area, or, in the case of Azusa Avenue, are the primary north-south roadways through the
City. Minimum standards for these roadways should include a ten-foot wide landscaped median strip, distinctive street lighting, specially designed bus stop areas, and an incorporated
theme for
sidewalk treatment, landscaping and crosswalks”. Therefore, the grading and removal of the existing trees would be contrary to the scenic highway concept of the General Plan.
In addition, the removal of the existing berms will be contrary to the goals of the Noise Element of the General Plan. One of the goals of the Noise Element is to “reduce, to the maximum
extent possible, the impact of noise within the City.” The existing earth berms, dense planting and trees attenuate noise from the I-10 San Bernardino Freeway to the Civic Center and
surrounding areas.
d. The proposed project is comprised of a 55,680-square foot, four-story medical office building and an approximately 88,840-square foot surface parking lot that will provide a total
of 218 parking spaces. The project requires a total of 264 parking spaces to meet the off-street parking requirements set forth in the West Covina Municipal Code. Therefore, the project
is deficient by 46 parking spaces. The proposed project does not meet all of the development standards required by the Municipal Code since the site is not adequate to be developed
meeting all the required development standards
e. The purpose of the Civic Center Overlay Zone is to provide for the orderly, harmonious, and attractive development of the area around the public buildings in order to protect and
preserve the character and integrity of the public and private investment and to encourage the development of the areas as focal point for the community.
The proposed building is not architecturally compatible with the buildings located within the Civic Center. The proposed building would be approximately 71 feet in height. The tallest
building within the Civic Center is city hall, which is three-story and nearly 40 feet in height. The proposed building would be significantly taller. In addition, the buildings within
the Civic Center are compatible in design. All buildings are off-white smooth plaster finish and incorporate brick. The proposed building is modern in design and would introduce a
very different architectural design into the Civic Center that is not compatible in design, height and materials. Furthermore, the project requires the removal of 141 trees and earthen
berms. The proposed building is not compatible in height, design, and use with the rest of the public facility buildings, which is contrary to the objectives for the area as stated
in the General Plan and the West Covina Municipal Code.
2. That pursuant to all of the evidence presented, both oral and documentary, and further based on the findings above, Precise Plan No. 11-02 is denied.
3. The City Clerk shall certify as to the passage of this Resolution.
PASSED AND APPROVED on this 10th day of January, 2012.
ATTEST: Mayor
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF WEST COVINA )
I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of West Covina, California,
at a regular meeting thereof held on the 10th day of January, 2012.
AYES:
NOES:
ABSENT:
ABSTAIN:
DATE: January 10, 2011
APPROVED AS TO FORM:
City Clerk
City Attorney