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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