12-20-2011 - General Plan Amendment No. 11-01Zone Change No. 11 - Item 18 Attach 12 (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 VARIANCE NO. 11-08
VARIANCE NO. 11-08
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 Council a verified application on the forms prescribed in Chapter 26, Article VI of the West Covina Municipal Code, requesting approval of a variance
to allow:
A deviation from the parking requirements for a medical office building,
On that certain property generally described as follows:
Assessor’s Parcel No. 8474-001-906, in the records 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 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, 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 tentative tract map (No. 71595), at which time the Planning Commission adopted Resolution No. 11-5452 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 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.
WHEREAS, studies and investigations made by this Commission 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 a 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 medical office condominiums.
Appropriate findings for approval of a variance are as follows:
a. That there are exceptional or extraordinary circumstances not applicable generally to the other property or class of use in the same vicinity and zone.
b. That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to
the property in question.
c. That granting such variance will not be materially detrimental to the public welfare or injurious to property or improvements in such vicinity and zone in which property is located.
That granting such variance shall be consistent with the adopted General Plan and
any applicable Specific Plans.
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 basis of evidence presented, both oral and documentary, the City Council makes the following findings:
a. There are no exceptional or extraordinary circumstances of the property not applicable to other similar property. The property is vacant land suitable for new development, and
able to comply with existing zoning standards.
c. The granting of this variance will be materially detrimental since it lacks the proper amount of parking to accommodate the proposed use. The lack of parking would result in the
adjacent parking lots and uses being impacted when no parking is available at the parking lot designated to serve the four-story medical office building. The overflow of parking into
the public facilities would result in city and county offices not providing adequate parking to serve their constituents.
The proposed project would require the removal of 114 trees in the area north of the library. The Civic Center complex was developed in the 1960s. The subject includes numerous mature
trees that provide shade and contribute to the open space/park like atmosphere within the civic center. Goal No. 5 of the Land Use Element of the General Plan calls for
“providing and maintaining, in conjunction with the open space element, an aesthetically pleasant environment for those who live, work, play and visit in West Covina.” The proposed
project would significantly change the aesthetically pleasing environment of the Civic Center by grading the southeast corner of West Covina Parkway and Garvey Avenue, which would remove
the earth berms along Garvey Avenue, and open a view corridor from the Civic Center to Garvey Avenue and the freeway.
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 concept of preserving street/highways scenic views 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.
2. That pursuant to all evidence presented, both oral and documentary, and further based on the findings above, Variance No. 11-08 is denied.
3. The City Clerk shall certify as to the passage of this Resolution
PASSED AND APPROVED 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 adopted 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:
DATE: December 20, 2011
APPROVED AS TO FORM:
City Clerk
City Attorney