PROJECT #2005-51 ZONE MAP AMENDMENT AND GENERAL PLAN AMENDEMENT

PURPOSE:

 

The purpose of this report is to consider a request by David Augustine to approve a Zone Map Amendment (ZMA) and a General Plan Amendment (GPA) to allow a zone change for a section of the property at 1112-1118 West Burbank (3 lots) from Limited Industrial (M-1) to Burbank Center Commercial Manufacturing (BCCM) and a General Plan designation change from Restricted Industry to Mixed Commercial/Office/Industrial. The applicant proposes to build a new 5,884 square foot retail building with 21 parking spaces. 

 

The proposed zone change is needed to permit the proposed retail use. The retail building can not be built with the current M-1 zoning designation on a portion of the lots. The General Plan designation change is needed to preserve General Plan consistency.

 

BACKGROUND:

 

Property Location: The subject property is located at 1112-1118 West Burbank Boulevard [lot 23, 24, and 36 of parcel 9, of tract 3419, of MB 37-49].  The property is located on Burbank Boulevard between Mariposa Street and North Victory Boulevard.

 

Zoning: The subject property is zoned BCCM Burbank Center Commercial Manufacturing and   M-1 Limited Industrial. Currently the first 110 feet of depth of the two properties that front West Burbank Boulevard are zoned BCCM and the rear 65 feet of depth of the properties are zoned M-1. Retail is not a permitted use in the M-1 zone, while it is a permitted use in the BCCM zone. Adjacent and abutting properties are zoned BCCM and M-1 and the property is near the Interstate 5 Freeway and the 5 Freeway on-ramps and off-ramps. (Exhibit A-1)

 

General Plan Designation: The Land Use Element designates the BCCM section of the property as Mixed Commercial Office/Industrial and designates the M-1 section of the property as Restricted Industry. These zoning and General Plan designations were changed at the same time as the adoption of the Burbank Center Plan. The Burbank Center Plan designates this area as the East Side (and portions of West Side) of Victory Boulevard and South Side of Burbank Boulevard and the Mariposa Street Industrial Enclave.  The section of the project area that is proposed to be rezoned is within the Mariposa Street Industrial Enclave. The East Side (and portions of West Side) of Victory Boulevard and South Side of Burbank Boulevard are transitional areas meant  to buffer the adjacent residential uses from more intense industrial uses in the Mariposa Industrial Enclave while promoting an inviting pedestrian environment by providing landscaping and street furniture elements.  The proposed General Plan re-designation would extend the East Side (and portions of West Side) of Victory Boulevard and South Side of Burbank Boulevard area as designated in the Burbank Center Plan. (Exhibit A-3)

 

Property Dimensions: The project site includes two rectangular interior lots, with widths of 50 feet and depths of 175 feet. Lot 23 has a small area within these dimensions that belongs to lot 36 which is not part of the project. The total lot area of the project site is approximately 16,884 square feet.

 

Street Classifications: Burbank Boulevard is designated as a Major Arterial in this location with a 100 foot right-of-way (66 feet paved with 17 foot sidewalk/parkway).

 

Current and Past Development of the Site: The property is currently improved with four buildings (a total of 7848 SF) and a surface parking lot. The past uses of the buildings include industrial and retail uses. Recently, a manufacturing business was located at 1112 West Burbank, a psychic shop was located 1114 West Burbank, and a gift shop was located at 1118 West Burbank.  The retail uses were located in building units that are located in the BCCM zoned section of the property. The buildings were built in the 1950�s.

 

Project Description: The applicant requests approval to change the zoning and the General Plan designation on a portion of the lot from M-1 to BCCM and Limited Industry to Mixed Commercial/Office/Industrial to permit the construction of a retail building.  The new buildings would include a retail tenant and the site would include a 21 space surface parking lot. The tenant is not known but the attached plans identify the shell of the building proposed. The project will provide adequate landscaping and fa�ade improvements.  Currently with the split zoning, the applicant cannot build a retail building across the property. (Exhibits B-1 though B-2)

 

Municipal Code Conformance: The existing structures and parking lot are legal non-conforming. The property has irregular split zoning with the first 110 feet of depth of the property that fronts West Burbank Boulevard zoned BCCM and the rear 65 feet of depth of the property zoned M-1.   The M-1 zone, however, does not permit retail and all commercial services.  A zone change is required for the construction of a retail store that spans much of the property and a General Plan Amendment is required for the new zoning to be consistent with the general plan. The retail building with 21 parking spaces proposed from the project address conforms with all code requirements.

 

Public Correspondence: Staff has received no comments regarding the subject application at the time of preparation of this report.  Any correspondence received prior to the public hearing will be forwarded to the City Council members.

 

ANALYSIS:

 

Surrounding Neighborhood:  The adjacent and abutting properties (to the east and west) along Burbank Boulevard have spilt zoning (BCCM in the front and M-1 towards the rear) similar to the project site. The properties to the north are zoned R-4 Multi-Family Low Density and to the South are zoned M-1. The project site is 100 feet away from the R-4 properties; properties within 150 feet of residential properties are considered residentially adjacent and certain intense uses (such as industrial uses) are subject to a Conditional Use Permit (CUP). The abutting and adjacent properties along the south side of West Burbank Boulevard include a mix of retail and industrial uses. The proposed retail use, that would be permitted pending approval of the ZMA and GPA, will be compatible with the surrounding neighborhood. Additionally, a retail use will be more compatible with the adjacent residential neighborhood in comparison to the existing industrial uses on the site.

 

Project Characteristics:

The project site currently has split zoning with two different zones (BCCM and M-1).  The City Council has the authority to change zones, and the Planning Board makes recommendations to City Council on whether zone changes should be approved or disapproved.  Because the subject development is contingent upon the zone change, no action of the Planning Board to approve the Development Review will become effective unless the City Council approves the zone change and General Plan change.

 

The purpose of zoning is to improve compatibility among various zones and protect less intense development types from more intense operations. The proposed zone change will allow for light industrial uses as permitted under the current zoning and allow retail uses. A General Plan Amendment is needed in order for the proposed zoning to be consistent with the General Land Use Plan designation. Retail uses have previously occurred at the project site within the front section of the lots that are zoned BCCM. Additionally, there are existing retail uses along Burbank Boulevard which are permitted in BCCM zone. The proposed retail use will be compatible with the surrounding retail and industrial uses. Also retail uses will be more compatible with the adjacent residential neighborhood, along the north side of West Burbank Boulevard. The zoning split that occurs on properties in the 1100 block of West Burbank Boulevard does not follow any common property line.  The rezoning will create consistency for the project site. This split zoning designations are unusual and create a problem for business owners and developers (i.e. one use may be permitted on the front of the property but not on the rear). The proposed rezoning will allow the property owner to establish uses that are compatible with the surrounding neighborhood. (Exhibit A-4)

 

The Land Use Element, which is currently being updated, will consider a change to the General Plan designation of the properties along the 1100 block of West Burbank Boulevard from Restricted Industry to Mixed Commercial/Industrial. Staff�s recommendation for the new Land Use Element will be to continue this zoning designation south from Burbank to Chandler. This would allow less intense uses in the area around and adjacent to residential zones and create zoning consistency in the future. Changing the General Plan designation would not prohibit any use currently established in this area, and the proposal would include appropriate zoning changes that would preserve zoning consistency.

 

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

 

Planning Board Public Hearing: On October 10, 2005, the Planning Board voted 4-0 to approve the Project 2005-51, a Development Review to construct a retail building consisting of 5,884 square feet with a parking lot with 21 parking spaces, and recommended approval of a Zone Map Amendment and a General Plan Amendment. (Exhibit C)  At the public hearing no one people spoke in favor or against the project. The Planning Board approved the project with the proposed conditions of approval.

 

The Planning Board was generally in support of the project, but did question whether the project was consistent with the plans and goals of the Redevelopment Project Area in which it is located. Specifically, some of the Board members asked if the proposed change in zoning from industrial to commercial for these properties meets with the overall objectives for Redevelopment. Board members noted that there seems to be a loss of industrial zoning in many Redevelopment Project Areas in the city. Staff clarified that the General Plan change would not remove the owners ability to construct industrial, but would add more commercial opportunities such as retail. Staff also informed the Board that Redevelopment Agency Staff has been involved in the Land Use Element update and believe that a change from Restricted Industrial to Mixed Industrial/Commercial in this area (bounded by Burbank, Chandler, Victory and Mariposa) is possible and will stimulate redevelopment of the area rather than limit it.

 

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, General Plan Amendment, and construction of the proposed retail building 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 BCCM and the General Plan Amendment to change the General Plan designation from Limited Industry to Mixed Commerical/Office/Industial is appropriate.

 

RECOMMENDATION:

 

Staff recommends that the City Council approve Project No. 2005-51, a Zone Map Amendment and General Plan Amendment.