City of West Covina
Memorandum
A G E N D A
ITEM NO. 6.
Memorandum
A G E N D A
ITEM NO. 6.
| TO: | Planning Commission |
|
DATE: February 14, 2023 |
| FROM: | Planning Division | ||
| SUBJECT: | FINDING OF CONFORMANCE WITH THE CITY'S GENERAL PLAN FOR VACATION OF A 1,801 SQ. FT. PROPERTY LOCATED ON THE CORNER OF VINCENT AVENUE AND WEST GARVEY AVENUE NORTH | ||
BACKGROUND:
The City will be vacating a 1,801 sq. ft. property located on the corner of Vincent Avenue and West Garvey Avenue North. The property was previously used as a portion of the Vincent School grass field that was fenced in with a chain link fence. The property will be incorporated with the multifamily residential development. Please see below:
On July 20, 2021, the City Council approved General Plan Amendment No. 20-02, Zone Change No. 20-03, Precise Plan No. 20-06, and Tentative Tract Map No. 83166 to allow the development of a 119 unit multifamily residential project (Vincent Place Specific Plan) at the former Vincent School site. When the project was reviewed by the Planning Commission and approved by the City Council, the Tentative Tract Map included notation that the 1,801 sq. ft. portion of the street located on the corner of Vincent Avenue and West Garvey Avenue North would be vacated. The property was subsequently rezoned as Vincent Place Specific Plan and the General Plan land-use designation was changed to Neighborhood - Medium Density Residential. A separate resolution with the finding of conformance with the City's General Plan has not been adopted for the vacation.
The Streets and Highway Code of California (Section 8313) states:
While the California Government Code (Section 65402) states:
This means that most requests for vacation or abandonment of a public street, building, or structure must be reviewed by the Planning Commission for conformity with the General Plan before the City Council can act to vacate or abandon.
On July 20, 2021, the City Council approved General Plan Amendment No. 20-02, Zone Change No. 20-03, Precise Plan No. 20-06, and Tentative Tract Map No. 83166 to allow the development of a 119 unit multifamily residential project (Vincent Place Specific Plan) at the former Vincent School site. When the project was reviewed by the Planning Commission and approved by the City Council, the Tentative Tract Map included notation that the 1,801 sq. ft. portion of the street located on the corner of Vincent Avenue and West Garvey Avenue North would be vacated. The property was subsequently rezoned as Vincent Place Specific Plan and the General Plan land-use designation was changed to Neighborhood - Medium Density Residential. A separate resolution with the finding of conformance with the City's General Plan has not been adopted for the vacation.
The Streets and Highway Code of California (Section 8313) states:
(a) If the proposed vacation of a street, highway, or public service easement is within an area for which a general plan is adopted by a local agency, the legislative body of the public entity shall consider the general plan prior to vacating the street, highway, or public service easement.
(b) The procedure prescribed in Section 65402 of the Government Code shall be followed if that section applies to the proposed vacation. If Section 65402 of the Government Code does not apply to the proposed vacation, the legislative body may submit the proposed vacation to the local planning commission or planning agency and give the commission or agency an opportunity to report upon the proposed vacation.
(b) The procedure prescribed in Section 65402 of the Government Code shall be followed if that section applies to the proposed vacation. If Section 65402 of the Government Code does not apply to the proposed vacation, the legislative body may submit the proposed vacation to the local planning commission or planning agency and give the commission or agency an opportunity to report upon the proposed vacation.
While the California Government Code (Section 65402) states:
(a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body.
This means that most requests for vacation or abandonment of a public street, building, or structure must be reviewed by the Planning Commission for conformity with the General Plan before the City Council can act to vacate or abandon.
DISCUSSION:
According to State law, the vacation must be reviewed for conformity with the City's General Plan. The vacation does not conflict with the goals and policies of the City of West Covina's General Plan and is consistent with the following policies and actions:
Our Well Planned Community
The vacation is necessary in order for the property to be integrated into and maintained by the multifamily residential development. The subject property was previously used as a part of the former school's grass field that was fenced in with the school property. The subject property will be developed with landscaping and walkways for the multifamily residential development, and will be maintained by the Homeowners Association (HOA). The proposed development of the subject property will enhance the aesthetic of the Vincent Avenue and Garvey Avenue corner.
Our Resilient Community - Circulation
Our Well Planned Community
Policy 3.3 New growth will complete, enhance, and reinforce the form and character of the unique West Covina neighborhoods, districts, and corridors.
Action 3.3 Adjust regulations for the neighborhoods, districts and corridors to reflect the nature of intended change.
Action 3.3 Adjust regulations for the neighborhoods, districts and corridors to reflect the nature of intended change.
The vacation is necessary in order for the property to be integrated into and maintained by the multifamily residential development. The subject property was previously used as a part of the former school's grass field that was fenced in with the school property. The subject property will be developed with landscaping and walkways for the multifamily residential development, and will be maintained by the Homeowners Association (HOA). The proposed development of the subject property will enhance the aesthetic of the Vincent Avenue and Garvey Avenue corner.
Our Resilient Community - Circulation
Policy 5.1 Promote fine-grained network of complete streets in new and redevelopment projects.
Action 5.1 Adjust development regulations and review processes to require new development and redevelopment projects to provide a fine-grained, interconnected, multimodal transportation network with a balance motor vehicle, pedestrian, bike, and transit amenities.
The vacation of the subject property will not have any impact on the local roadway system because the property was not previously used and is not being proposed to be used as a street, bike lane, and/or pedestrian walkway/sidewalk. The subject property was previously used as a part of the former school's grass field that was fenced in with the school property. The subject property will be developed with landscaping and walkways for the multifamily residential development, and will be maintained by the Homeowners Association (HOA). The multifamily residential development will include interconnected private streets and pedestrian walkways, and improvements to the public street.
Action 5.1 Adjust development regulations and review processes to require new development and redevelopment projects to provide a fine-grained, interconnected, multimodal transportation network with a balance motor vehicle, pedestrian, bike, and transit amenities.
The vacation of the subject property will not have any impact on the local roadway system because the property was not previously used and is not being proposed to be used as a street, bike lane, and/or pedestrian walkway/sidewalk. The subject property was previously used as a part of the former school's grass field that was fenced in with the school property. The subject property will be developed with landscaping and walkways for the multifamily residential development, and will be maintained by the Homeowners Association (HOA). The multifamily residential development will include interconnected private streets and pedestrian walkways, and improvements to the public street.
RECOMMENDATION:
It is recommended that the Planning Commission adopt Resolution No. 23-6122, determining that the vacation of the 1,801 sq. ft. property located on the corner of Vincent Avenue and West Garvey Avenue North is in conformance with the goals and policies of the West Covina General Plan.
Submitted by:
Jo-Anne Burns, Planning Manager