PROJECT NO. 2006-35 ZONE MAP AMENDMENT

PURPOSE:

The purpose of this report is to consider a request by Farhad Simab to convert the R-1 and R-4 segments of the subject property into a C-2 zone and make the property consistent with the General Plan Limited Commercial designation. The property (single lot) consists of three (3) zones: R-1 Residential Single Family, R-4 Residential Multiple High Density, and C-2 Commercial Limited Business. The zone change is necessary to construct a mini-mall.

BACKGROUND AND ANALYSIS:

An application was submitted to construct a shopping mall with an approximately 1,609 (1,609 adjusted gross and 1,702 gross) square foot (s.f.) restaurant building, an approximately 4,185 (4,185 adjusted gross and 4,393 gross) s.f. retail/restaurant building, and a 58 space surface parking lot. A Starbucks coffee shop plans to occupy the 1,609 s.f. 1-story building, though that may change at any time. The 4,185 s.f. commercial building is a multi-tenant 1-story building, all tenants are planned to be retail or restaurant uses. The applicant is proposing to provide the amount of parking required for mini-malls by the Burbank Municipal Code. The application requires a Zone Map Amendment for the conversion of the R-1 and R-4 zones to C-2. Also, the application requires a variance for the parking lot to encroach, up to five (5) feet, on a 20 foot buffer required for residentially abutting commercial properties (Exhibit 1).

Planning Board Consideration: On August 14, 2006 the Planning Board held a public hearing to consider a variance application and a development review application as well as the proposed zone map amendment application (Exhibit 2). The Planning Board voted 4-0 to approve all aspects of the encroachment variance and development review to allow the project to go forward as proposed. The Board also recommended approval of the zone map amendment (Exhibit 3). The Board�s decision on the variance and development review is contingent upon the City Council approval of the zone map amendment. At the hearing, the Board asked questions regarding the usability of the pan handle portion of the property leading out to Scott Road and how the project would affect it. This portion of the subject property along with a pan handle portion of the abutting property, form a private driveway for the residential units along Scott Road. The public occasionally uses this driveway to access the abutting commercial property (Cricket Cleaners). The proposed project would close off a portion of the driveway leading to the subject site. As such, the driveway would remain unchanged; access from the driveway to the abutting property would remain one-way and access to the subject property from the driveway would be closed off.

The Board asked questions regarding the landscaping provided. The parking lot meets surface parking lot landscaping requirements. In addition, Condition of Approval No. 9 requires that the applicant provide three (3) 24 inch box trees along the east property line in v-shaped planters. The trees would be in addition to the surface parking lot landscaping requirements. The Board asked about a patio fronting Glenoaks Boulevard. The patio would be located in the public right of way and would require an encroachment permit from the Public Works Department or if it is placed on private property, the patio square footage would be included in the calculation for required parking.

The Board recommended a change to the zone map amendment request to exclude the pan handle portion of the subject property which makes up the private driveway. Exhibit 4 shows the 12 foot wide �pan handle� area. The Board was not comfortable changing this from an R-1 zone to a C-2 zone because it abuts R-1 and R-2 properties. Lots with mixed zones are difficult to develop and because the General Plan calls for the entire lot to be zoned Limited Commercial, staff feels that the entire lot should be zoned C-2 Commercial Limited Business as proposed. The properties that are currently zoned R-1, R-2, and R-4 are inconsistent with the General Plan and this is an opportunity to make one lot consistent with it.

Since the Board�s approval was not appealed and the City Council did not request to consider the item, the Board�s action on the variance and development review are final. Staff has described the proposed project herein and included a copy of the Staff Report presented to the Planning Board as an exhibit to this report for the Council�s information (Exhibit 1).

Public Correspondence: A phone call was received and a resident came to the Planning Division office expressing concern about the traffic that they felt would be caused by the proposed project. At the Planning Board meeting for this project, two (2) residents in the area spoke in opposition to this project stating that the project would create traffic congestion and create a danger to pedestrians. Also, one of these individuals submitted a petition opposing the project signed by seven (7) local residents (Exhibit 5). A traffic study was conducted for the proposed project and it concluded that the project would not cause traffic congestion or raise traffic levels above significant thresholds (Exhibit D of Exhibit 1). The Planning Board therefore approved the project as proposed.

Surrounding Neighborhood: The surrounding properties are developed with a mixture of uses and densities. The properties along the east side of Glenoaks Boulevard are improved with a variety of single story commercial uses. The properties on the west side of Glenoaks Boulevard are predominantly improved with single family homes. The Burbank Masonic Lodge is located on the other side of Keeler on Glenoaks Boulevard. Properties along Keeler Street are generally commercial with residential uses increasing towards Scott Road. Scott Road is improved with multifamily residential buildings to the rear of the project site with single family homes to the north and across the street.

General Plan Consistency: The General Plan is a city�s basic planning document. It provides the blueprint for development throughout the community and is the vehicle through which competing interests and needs of the citizenry are balanced and meshed. The General Plan has designated this lot and surrounding lots as Limited Commercial. Currently the subject lot is inconsistent with the General Plan. By changing the R-1 and R-4 zoned segments to C-2 zone, thereby making the entire lot C-2, the property will become consistent with the General Plan, Land Use Map designation of Limited Commercial (Exhibit A-2 of Exhibit 1).

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-2 Commercial Limited Business is consistent with the General Plan. In addition, while there is a residential designation in the nearby area, the areas to the south west and east are designated as C-2 making the zones that conform to this designation more appropriate rather than changing the General Plan designation. The shopping center proposed would be consistent with the Limited Commercial designation. Small shopping centers that serve the immediate neighborhood are ideal for this land use designation.

The uses proposed for the shopping center would not be permitted in the R-1 and R-4 zone currently on the site; specifically, retail and restaurant uses are prohibited. The project being proposed is reasonable for this area except for the R-1 and R-4 zoning that exists on portions of the site; which is why the zone change is appropriate with or without this particular project.

Environmental Status: A negative declaration was prepared and a traffic study was conducted for this project in accordance with the California Environmental Quality Act (CEQA). The negative declaration shows that the proposed zone change, encroachment variance and construction of the proposed shopping center would not have an impact on the environment (Exhibit D of Exhibit 1).

CONCLUSION:

It is staff�s assessment that a zone map amendment to change the zoning from R-1 and R-4 to C-2 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 2006-35, a Zone Map Amendment, and adopt a resolution approving the Negative Declaration related thereto.

LIST OF EXHIBITS

Exhibit              1          Planning Board Staff Report for Project Number 2006-35 Development                                       Review, Variance and Zone Map Amendment with Exhibits

Exhibit              2          Draft Planning Board minutes from August 14, 2006

Exhibit              3          Planning Board Resolution No. 3035 adopted August 14, 2006

Exhibit              4          Zoning Map of the Subject Property and Surrounding Area

Exhibit              5          Public Correspondence

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