PROJECT NUMBER 2004-76 - ZONE MAP AMENDMENT

PURPOSE:

The purpose of this report is to consider a request by Rafik Khatchaturian to change the zoning on a lot at the above referenced address.  The lot currently consists of two different zones and a zone change is necessary for an expansion of a shopping center. 

BACKGROUND:

Property Location: The subject property is located at 1001 North San Fernando Boulevard [Portion of Lot 10, Tract 2109 (M.B. 27-27)].  The property is located at the corner of San Fernando Boulevard and Walnut Avenue.

Zoning: The subject property is located within the C-3 Commercial General Business and M-1 Light Industrial zones.  Adjacent and abutting properties are zoned C-3 and the property is adjacent to the Interstate 5 Freeway and an on-ramp to the Freeway. (Exhibit A-1)

General Plan Designation: The Land Use Element designates the property as Shopping Center.  The zoning of M-1 is inconsistent with this General Plan designation.  The intent of this designation as described in the Land Use Element is for grouped commercial facilities which are primarily related to and dependent upon the adjacent and surrounding areas for the majority of their customers. (Exhibit A-2)

Property Dimensions: The property is an irregularly shaped corner lot, but similar to a rectangular shape with a width of 115 feet and a depth of 411 feet, curved.  The total lot area of the property is approximately 47,920 square feet.

Street Classifications: North San Fernando Boulevard is designated as a Major Arterial in this location with an 80 foot right-of-way (36 feet paved with 12 foot parkway and no sidewalk) and Walnut Avenue is a local street with a 56 foot right-of-way leading to a freeway approach.

Current and Past Development of the Site: The property is currently improved with a 4,660 square foot single tenant fast food restaurant (Wienerschnitzel and Tastee-Freez use the same kitchen and dining area and are considered a single tenant).  This restaurant also has a drive thru window.  The remainder of the site, including the M-1 zoned portion of the lot consists of a surface parking lot and a portion of the drive thru queuing area is within the parking lot drive aisles.  The site also consists of two ground signs.  One is 21�6� tall and faces San Fernando Boulevard and consists of 42 square feet (each side) of sign area.  The other is 48� tall and is at the rear of the property along Walnut Avenue facing the Interstate 5 Freeway and consists of 216 square feet (each side) of sign area.

Project Description: The subject zone map amendment was applied for in conjunction with sign variance and development review applications for an expanded shopping center. (Exhibits B-1 though B-2)   The proposed zone change would accommodate an expansion of the existing single tenant fast food restaurant (4,660 square feet) to create a 12,305 square foot multiple tenant shopping center.  The new buildings would include retail, restaurant and commercial service tenants and the site would include a 60 space surface parking lot.  The existing 4,660 square foot building on the site will remain and will be added on to with 2,455 square feet on the front (near San Fernando Boulevard) and with 2,675 square feet at the rear.  The applicant intends on keeping the drive thru, but will reconfigure the aisle to provide a longer stacking distance and reduce interference with the parking circulation on the lot.  A 2,070 square foot stand alone building will then be placed at the far rear of the property (far west) just past the newly reconfigured drive thru.

The applicant intends on demolishing an existing 42 square foot (each side) ground sign and constructing in its place a 25� tall ground sign with 165 square feet (each side) to accommodate the additional tenants on the site.  The applicant proposes to keep the existing 48� tall ground sign and add 33 square feet (each side) to it.  A sign variance is required for this request as only one ground sign is permitted per lot with a maximum of 50 square feet per face.  The applicant applied for a zone map amendment to change the zoning to allow the project to go forward (a shopping center expansion is not permitted in the M-1 zone) if the zone map amendment is adopted by the City Council.

Planning Board Consideration: The Planning Board held a public hearing to consider the expanded shopping center development and sign variance and the associated zone map amendment on September 13, 2004. (Exhibit C-1)  The Board approved all aspects of the sign variance and development review to allow the project to go forward as proposed, pending approval of the zone map amendment by the City Council.  The Board also recommended approval of the zone map amendment. (Exhibit C-2)  The Board asked some questions regarding traffic and the drive-thru stacking provided.  Transportation staff looked at the trip generation for the additional square footage being added and determined that it would not be significant; an additional 29 evening peak hour trips would be added.  The applicant also took Planning Board comments into consideration and added space for additional stacking before the first order window which is above code requirements which call for stacking distance only before the pick up window.  Because the Board�s approval of the sign variance was not appealed and the City Council did not request to consider the item, the Board�s action is final.  Staff has described the proposed project herein and included a copy of the project site plan as an exhibit to this report for the Council�s information. (Exhibits B-1 and B-2)  The sign variance approved by the Planning Board does not become effective, however, unless and until the City Council approves the subject zone map amendment and associated Negative Declaration.

Accordingly, Council action to approve the amendment is required to allow the project to go forward as proposed.  If the Council denies the subject application, the lot would continue to have a mix of two zones and no shopping center or associated parking would be permitted in the M-1 zoned portion of the lot and the sign variance would not become effective.

Municipal Code Conformance: The existing structure and parking lot are legal non-conforming.  The two existing ground signs are also considered legal non-conforming as current code permits only one ground sign at 25� tall and 50 square feet (each side) of sign area.  The M-1 zone, however, does not permit typical shopping center uses such as retail and all commercial services.  A zone change is required for the expansion of the shopping center and a variance is required for a second ground sign and increased dimensions as the second legal non-conforming sign will be removed.

Public Correspondence: No members of the public submitted letters at the time of the Planning Board public hearing nor spoke at that hearing.  Staff has received no comments regarding the subject application at the time of preparation of this report.

ANALYSIS:

Surrounding Neighborhood:  Besides the partial zoning of M-1 for the subject lot, zoning adjacent to the site is C-3.  In addition, an M-1 zone exists across the street from the nearby multi-family residential neighborhood.  San Fernando Boulevard consists of mostly shopping centers with retail, restaurant and commercial service tenants.  Walnut Avenue is an access point to the northbound Interstate 5 Freeway.  Having one zone on a single lot is better for development of a site.  A commercial zone on this lot would be more appropriate than a manufacturing zone because of the surrounding uses and neighborhood.

General Plan Consistency:

The subject lot currently consists of two different zones.  The purpose of zoning is to improve compatibility among various zones and protect less intense development types from more intense operations.  To that end, rarely do we see one lot with more than one zone as some uses will be permitted in one zone, but prohibited in the other, making development of the site difficult.  In these cases, it is a goal to have the zoning be consistent with the General Plan designation also placed on the property.  In this case, the C-3 General Commercial zone is consistent with the General Plan designation of Shopping Center, but the M-1 zone is inconsistent with the General Plan.  In addition, while there is an Unlimited Commercial designation in the nearby area, the subject property is surrounded by the Shopping Center designation making the zones that conform to this designation more appropriate rather than changing the General Plan designation. (Exhibit A-2)  The uses permitted in the M-1 zone include more intense uses such as automobile body repair, beverages or food processing plant, boat manufacturing, appliance manufacturing and other industrial uses that are either prohibited in C-3 or only conditionally permitted. (Exhibit A-3)

The Land Use Element that is being updated now might consider changing the designation on the property from Shopping Center to Neighborhood Commercial, but the shopping center proposed would be consistent with this new designation if adopted.  Small shopping centers that serve the immediate neighborhood are ideal for this land use designation.

Some of the uses proposed for the shopping center would not be permitted in the M-1 zone currently on site.  Specifically, retail uses are prohibited.  The project being proposed is reasonable for this area except for the M-1 zoning that exists on a portion of the site.

Department Comments:  The subject application was routed to City departments and divisions for review and comment.  No department or division took exception to the request for a zone change.  All code related comments will be required at time of construction.

Environmental Status:  A negative declaration was prepared for this project in accordance with the California Environmental Quality Act (CEQA).  The negative declaration shows that the proposed zone change, sign variance and construction of the proposed shopping center expansion would not have a negative impact on the environment. (Exhibit D)

CONCLUSION:

It is staff's assessment that a zone map amendment to change the zoning from M-1 to C-3 is appropriate and will make the site consistent with the General Plan Land Use Element. 

RECOMMENDATION:

Staff recommends that the City Council adopt an ordinance approving Project Number 2004-76, a Zone Map Amendment, and adopt a resolution approving the Negative Declaration related thereto. 

LIST OF EXHIBITS:

Exhibit              A-1      Zoning and Fair Political Practices Act Compliance Map

                          A-2      General Plan Land Use Element Map of project site and surrounding

                                       area

                          A-3      Use list identifying uses permitted, conditionally permitted and

                                      prohibited in M-1 and C-3 zones.

Exhibit              B-1      Zone Map Amendment Application Package

                          B-2      Site Plan, Elevations and Rendering (attached document)

Exhibit              C-1      Planning Board Resolution No. 2950 adopted September 13, 2004

                          C-2      Planning Board minutes from September 13, 2004

Exhibit               D         Negative Declaration and Public Notice of Environmental Decision

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