Resolution - 2012-5RESOLUTION NO.2012-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING 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 City 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 10`h 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 Commission 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 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.
Resolution No. 2012-5
Page 2
2. The project includes a General Plan amendment to change the land use designation from
"Public Facilities" to "Service and Neighborhood Commercial
3. The project includes a zone change requesting to change the zone from "Public Building"
(P-B) to "Neighborhood Commercial" (N-C).
4. 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.
5. The proposal requires the approval of variance to deviate from parking requirements.
6. The applicant is requesting approval of a tentative tract map to subdivide the building
into medical office condominiums.
7. 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.
d. That granting such variance shall be consistent with the adopted General Plan and
any applicable Specific Plans.
8. 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 exceptional circumstances that apply to the subject property that
do not apply to the other properties in the same vicinity and zone. The
proposed new parcel and office medical building would be located in the
Civic Center. The City has worked with other developers in the past to
develop the northwest portion of the Civic Center. The Civic Center berms
and grass areas are being graded to create a developable pad to construct the
medical office building and surface parking. The granting of the variance
would result in preserving some of the existing walkways and green areas
that provide connectivity from City Hall to the Library. A larger surface
parking would potentially eliminate additional trees and green areas.
A parking survey was conducted to determine the parking demand at the
City Hall surface parking lot and top deck of the parking structure. The
surface parking lot has a total of 309 parking spaces and the top deck of the
parking structure has a total of 316 parking spaces. The parking survey was
conducted from July 18, 2011 through July 28, 2011. The survey „indicated
that the peak hour is at noon. The top deck is more utilized than the surface
parking. At peak hour, the top deck had a demand of 79 percent on
Wednesday, July 27, 2011 while the surface parking reached a demand of 68
percent at peak hour on Thursday, July 28, 2011. Most of the people parking
Resolution No. 2012-5
Page 3
in the parking lot are jurors; people involved in court cases, county office
visitors or City Hall visitors. In addition, the parking demand might
decrease in the future as government offices make use of technology to serve
the public and expedite processing of payments and any other transactions
within the county offices and City Hall. As such, there are exceptional or
extraordinary circumstances not applicable generally to other property or
class of use in the same vicinity and zone
b. As stated in finding (a) above, there are unique circumstances that do not
apply to any other property in the vicinity and zone since there is only one
Civic Center within the City. That such variance is necessary for
preservation and enjoyment of a substantial property right possessed by users
of the governmental offices located within the site and adjacent to the
development.
C. The building has been designed to compliment the office buildings along
West Covina Parkway. The proposed surface parking and City Hall parking
will be adequate to provide parking for all uses within the Civic Center. In
addition, a smaller surface parking will preserve more trees and green areas
that provide a unique character to the Civic Center. Therefore the granting
of this Variance will not be detrimental to the public welfare or surrounding
properties.
d. With the approval of a General Plan amendment and zone change, the
granting of this variance is consistent with the General Plan. One of the
goals of the Land Use Element of the City's General Plan states: "It is the
goal of the City of West Covina to provide for a range of non-residential
uses that will ensure a strong economic base for the City. " The proposed
development will contribute to the City's economic base as well as providing
an enhancement to the services provided to the residents of the City and
nearby communities.
2. That pursuant to all evidence presented, both oral and documentary, and further based on the
findings above, Variance No. 11-08 is approved subject to provisions of the West Covina
Municipal Code, provided physical development of the herein described property shall
conform to said plan and conditions set forth herein which, except as otherwise expressly
indicated, shall be fully performed and completed or shall be secured by bank or cash
deposit satisfactory to the Planning Director, before use or occupancy of the property is
commenced and before the Certificate of Occupancy is issued, and violation of any of which
shall be grounds for revocation of said variance by the Planning Commission or City
Council.
3. That the variance shall not be effective for any purpose until the owner of the property
involved (or a duly authorized representative) has filed at the office of the Planning
Department his affidavit stating he is aware of, and accepts, all conditions of this variance
as set forth below.. Additionally, no permits shall be issued until the owner of the
property involved (or a duly authorized representative) pays all costs associated with
processing this application pursuant to City Council Resolution No. 8690.
4. Costs and expenses of enforcement activities, including, but not limited to attorneys'
fees, caused by applicant violation of any condition imposed by this approval or any
provision of the West Covina Municipal Code shall be paid by applicant.
5. That pursuant to all evidence presented, both oral and documentary, and further based on the
findings above, Variance No. 11-08 is approved as follows, subject to the following
conditions:
a. Comply with plans reviewed by the City Council on January 10, 2012.
b. That the project comply with all requirements of the "Neighborhood Commercial"
Zone and all other applicable standards of the West Covina Municipal Code.
Resolution No. 2012-5
Page 4
C. This variance is granted only to the extent reflected on approved plans to allow
218 parking spaces where 261 are required and no further. Any request or
modification to further deviate from zoning standards shall require the approval of
a separate variance.
d. That any proposed change to the approved site plan, floor plan or elevations be
reviewed by the Planning, Building, Fire and Police Departments and the
jj
Redevelopment Agency and that the written authorization of the Planning
Director shall be obtained prior to implementation.
6. The City Clerk shall certify as to the passage of this Resolution
APPROVED AND ADOPTED on this l Oth day of January, 2012
ayor ichael Touhey�
ATTEST:
ity Clerk La rie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, 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 held thereof on the loth day of January, 2012 by the following
vote of the City Council:
AYES: Herfert, Lane, Touhey
NOES: Sanderson, Sykes
ABSENT: None
ABSTAIN: None
City Clerk La ie Carrico
APPROVED AS TO FORM:
4Cty ttorney Arnold Alvarez-Glasman