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12-20-2011 - General Plan Amendment No. 11-01Zone Change No. 11 - Item 18 Attach 8 (2).doc R E S O L U T I O N N O. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DENYING GENERAL PLAN AMENDMENT NO. 11-01 _______________________________________________________________________________________ GENERAL PLAN AMENDMENT 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 Chapter 26, Article VI of the West Covina Municipal Code, requesting revisions to the General Plan Land Use Element and to change the land use designation from: “Public Facilities” to “Service and Neighborhood Commercial” on that certain property generally described as: Assessor Parcel No. 8474-001-906 in the records of the Los Angeles County Assessor; 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 precise plan (No. 11-02) for the site plan and architecture and a tree removal permit 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 medical office condominiums and create a parcel; and WHEREAS, it is a stated policy of the Land Use Element of the General Plan to provide for a range of non-residential uses that will ensure a strong economic base for the City; 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 General Plan Amendment, at which time the Planning Commission adopted Resolution No. 11-5448 recommending denial of the application; and WHEREAS, on December 1, 2011, an appeal of the Planning Commission action was filed by Peiching Lee, CGM Development, Inc; and WHEREAS, the City Council did, on the 20th day of December, 2011, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: SECTION 1: Based on the evidence presented, both oral and documentary, the City Council denied General Plan Amendment No. 11-0. SECTION 2: A Mitigated Negative Declaration of Environmental Impact has been prepared in accordance with the California Environmental Quality Act of 1970, as amended. DENIED on this 20th day December, 2011. 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 denied by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 20th day of December, 2011. AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM: City Clerk City Attorney