01-10-2012 - General Plan Amendment No. 11-01Zone Change No. 11 - No 2 attach 4 (2).doc
ORDINANCE NO.
A RESOLUTION 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 and 26-199 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 precise 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, at 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 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; and
WHEREAS, studies and investigations made by the City 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 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.
Findings 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 as 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.
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.
WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows:
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.
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 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. As such, the proposed change of zone will be in the interest or furtherance of the public health, safety, and general welfare.
d. The proposed zone change requires a General Plan amendment. The General Plan includes nine elements (or chapters). California State law requires seven elements (Land Use, Housing,
Open Space, Conservation, Safety, Circulation and Noise). Two elements of the General Plan have been modified since 1985, a Design Element was adopted in 1991, and the Housing Element
was revised in 1995. The Land Use Element deals with the establishment of a pattern of land use and standards for the density and intensity of development. Land use designations are
established in the General Plan and implemented by the Zoning Code and the Zoning Map. With the approval of a General Plan amendment, the proposed zone change will be consistent and
will not adversely affect the General Plan.
e. The approval of such a zone change is consistent with the proposed General Plan land use designation of “Service and Neighborhood Commercial.” That the proposed land use designation
allows for medical office, general professional office and service retail developments. The proposed zone change from “Public Facilities” to “Neighborhood Commercial” would facilitate
the development of the medical office. There are no specific plans that affect the property.
NOW, THEREFORE, the City Council of the City of West Covina, California, does resolve as follows:
SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 11-01 is hereby found to be consistent with the City's General Plan and the land
uses permitted within said zone classification.
SECTION NO. 2: The City Clerk shall certify to the passage of this Resolution.
PASSED AND APPROVED on this 10th day 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 2011.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM:
City Clerk
City Attorney