PROJECT NO. 2006-044 ZONE MAP AMENDMENT

PURPOSE:

The purpose of this report is a request by Herb Young for a Zone Map Amendment (ZMA) to convert the Planned Development (PD) into an R-3 Zone to make the property consistent with the General Plan Residential Multiple Low Density designation. The property is currently zoned Planned Development for a five-unit project, which was never built and the applicant is requesting a change back to the R-3 Zone. The zone change is necessary in order to construct a three-unit, two-story, apartment building with on-grade parking on the subject vacant lot.

BACKGROUND AND ANALYSIS:

On April 20, 1993, the City Council approved Planned Development No. 92-6 and a Development Agreement.  The Development Agreement stated that the property may be used only for a five-unit condominium complex. The Development Agreement also states that the project must be completed within five years from the effective date of the Agreement (June 15, 1993) unless the Agreement is modified or amended pursuant to the terms of the Agreement. The project was never constructed.

On October 9, 2000, the Planning Board recommended denial of Zone Map Amendment No. 2000-3 and denied Conditional Use Permit No. 2000-32 without prejudice for a request by the Burbank Unified School District to change the zoning from Planned Development No. 92-6 to R-3 Multiple Family Low Density Residential and to construct a twenty (20) space surface parking lot. No appeal was filed and the file was closed.

This year, an application was submitted to construct a three-unit, two-story, apartment building with on-grade parking on a vacant lot. The lot is 7,975 square feet and the units proposed are 1,800, 1,690, and 1,710 square feet. The applicant is proposing to provide seven parking spaces; the amount of parking required for a 3-unit apartment building by the Burbank Municipal Code. The application requires a Zone Map Amendment to convert the Planned Development (PD) into an R-3 Zone to make the property consistent with the General Plan Residential Multiple Low Density designation. Also, the application requires a Conditional Use Permit (CUP) because a portion of the driveway is in the 20� buffer area between a single family zoned property and a multi-family zoned property (Exhibit 1).

Planning Board Consideration: On September 25, 2006, the Planning Board held a public hearing to consider a Conditional Use Permit application and a Development Review application as well as the proposed Zone Map Amendment application (Exhibit 2). The Planning Board voted 5-0 to approve all aspects of the CUP for the driveway encroachment 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 Conditional Use Permit and Development Review is contingent upon the City Council approval of the Zone Map Amendment. At the hearing, the Board asked questions regarding the portion of the driveway that would encroach into the buffer area. A CUP is requested because a portion of the driveway (2�-6�) is in the 20� buffer area between a single family zoned property and a multi-family zoned property [BMC 31-628]. The Board asked staff if there was any public correspondence; staff received one phone call from an occupant in an adjacent apartment building that did not want any additional apartment buildings constructed on Cypress Avenue. The Board asked the applicant about the location of the garage and guest parking, which are accessible from both Cypress Avenue as well as from the alley in the rear.

The Board collectively agreed that the proposed project is a good solution for the area to have fewer larger units rather than a greater amount of smaller units. The Board liked the layout of the buildings, and thought the project was compatible with the surrounding area.  

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 Conditional Use Permit 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: Staff received one phone call prior to the Planning Board hearing from an occupant in an adjacent apartment building who was against the construction of the project. There were no speakers at the Planning Board meeting and staff has not received any comments on the project at the time this staff report was prepared.

Surrounding Neighborhood: The abutting properties to the east and west are developed with multi-family residential uses, an elementary school is across the street to the south, and single family residences are located across the alley to the north (Exhibit 4). Most multi-family projects consist of the same or greater density than proposed, and many do not contain current code required parking.

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 Multiple Family Low Density. The R-3 zone is consistent with the General Plan and Land Use Map designation of Multiple Family Low Density (Exhibit 5).

Environmental Status: Pursuant to the California Environmental Quality Act (CEQA), this item has been determined to be Categorically Exempt pursuant to Section 15303 (b) pertaining to projects which result in the construction of not more than six dwelling units (Exhibit 6).

CONCLUSION:

It is staff�s assessment that a Zone Map Amendment to change the zoning from PD to R-3 is appropriate and will make the site consistent with the General Plan Land Use Element that has designated this lot and surrounding lots as Multiple Family Low Density.

RECOMMENDATION:

Staff recommends that the City Council adopt an Ordinance approving Project Number 2006-044, a Zone Map Amendment.

LIST OF EXHIBITS

Exhibit              1          Planning Board Staff Report for Project Number 2006-044

                                      Development Review, Conditional Use Permit, and Zone Map

                                     Amendment with Exhibits

Exhibit              2          Planning Board minutes from September 25, 2006

Exhibit              3          Planning Board Resolution No. 3034 adopted September 25, 2006

Exhibit              4          Zoning Map and Ariel of the Subject Property and Surrounding Area

Exhibit              5          Land Use Map of the Subject Property and Surrounding Area

Exhibit              6          Environmental Review (PNOED)

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