Loading...
HomeMy WebLinkAboutItem 1 - GPA 17-01 & ZC 17-01 DATE: July 25, 2017 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning Services Manager By: Vanessa Quiroz, Assistant Planner SUBJECT: RESOLUTION NO. 1996 - GENERAL PLAN AMENDMENT NO. GPA 17- 01, ZONE CHANGE NO. ZC 17-01, AND ZONING MAP AMENDMENT WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FROM COMMERCIAL TO LOW DENSITY RESIDENTIAL FOR THE PROPERTIES LOCATED AT 303, 305, 307, AND 309 E. FOOTHILL BOULEVARD Recommendation: Adopt Resolution No. 1996 and Recommend Approval to the City Council SUMMARY The Applicants, Mr. Law of 303 E. Foothill Boulevard, Mr. Lee of 307 E. Foothill Boulevard, Mr. Ou of 305 E. Foothill Boulevard, and Mr. Zhong of 309 E. Foothill Boulevard, are requesting approval of a General Plan Amendment and Zone Change of their properties by amending the land use designation from Commercial to Low Density Residential and rezoning them from General Commercial (C-G) to Low Density Residential (R-1-7,500). It is recommended that the Planning Commission adopt the attached Resolution No. 1996 (Attachment No. 1) recommending approval of General Plan Amendment No. GPA 17-01, Zone Change No. ZC 17-01, and Zoning Map Amendment to the City Council based on the findings listed in this staff report, including that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), and direct staff to convey the Commission’s comments to the City Council. BACKGROUND The subject properties were originally zoned R-1-7,500 (minimum lot size of 7,500 square feet) Low Density Residential with a land use designation of Commercial. They were inconsistent from the time the tract was developed until the last General Plan was updated in 2010. While the Land Use Map helps guides the zoning, it is not the same as a Zoning Map. The land use designations are intended to be general and do not necessarily have to follow the same parcel boundaries as the Zoning Map. Whereas, GPA 17-01 and ZC 17-01 July 25, 2017 Page 2 of 5 the zoning designations on a Zoning Map are more prescriptive and address specific regulations such as building heights, setbacks, permitted uses, floor area ratio, lot coverage, permitted uses, and parking requirements. As a Charter City, the zoning does not have to be consistent with the City’s General Plan. But, through the 2010 General Plan Update, all the inconsistences between the Zoning Map and the General Plan Land Use map were addressed, including these four properties. It was determined that the zoning (Residential) should be consistent with the land use designation (Commercial) since the properties can only be accessed through the driveway that exists between two commercial properties that fronts East Foothill Boulevard, as shown in the image to the right. Based on the land use pattern, the future vision for these properties were to become a part of a commercial corridor and be redeveloped over time rather than based on what is on ground today. The four properties are all currently developed with single-family residences: • 303 E. Foothill Blvd. - A 1,000 square foot single-family residence built in 1953. • 305 E. Foothill Blvd. – A 1,397 square foot single-family residence built in 1953. • 307 E. Foothill Blvd. - A 1,476 square foot single-family residence built 1954. • 309 E. Foothill Blvd. – A 1,809 square foot single-family residence built 1969. As far as the surrounding uses, the adjacent properties to the north, east, and west of the subject properties are zoned R-1, Single-Family Residential and consist of one and two-story homes. The properties to the south are developed with commercial buildings and are zoned General Commercial (C-G) - refer to Attachment No. 2 for the aerial photo with zoning information and photos of the subject property and the surrounding properties. During the General Plan Update in 2010, all the affected property owners were informed of the proposed changes and were given opportunities to comment on the proposed changes. At that time, staff did not receive any comments or concerns from the applicants. DISCUSSION The applicants are requesting to amend the General Plan land use designation of the four properties from Commercial to Low Density Residential. The amendment would also allow processing of the respective zone change to rezone the properties from General Commercial (C-G) to Low Density Residential (R-1-7,500). This will allow the Aerial view of the subject properties and commercial properties to the south. GPA 17-01 and ZC 17-01 July 25, 2017 Page 3 of 5 applicants to have the same ability when their house was developed to expand, extend, or enlarge their existing single-family residence. Although the intent in the land use and zoning reclassification from residential to commercial was to provide more opportunities for future commercial developments along Foothill Boulevard, the existing commercial zone created an adverse impact for the property owners as having a legal non-conforming use and structure. As such, the property owners are limited to routine maintenance and repair, and cannot expand onto their residence. Furthermore, the property owners had difficulties with refinancing their property and finding a reasonable rate for homeowners insurance since the use is not consistent with the existing zone. Given that all four property owners have no intention in redeveloping their property to a commercial use it would be more appropriate to change the land use designation and rezone the properties from commercial to residential to be consistent with the existing use that exists on ground. This will allow the property owners to maintain and utilize the existing single-family residences in the same manner as the adjacent property owners with a single-family home and what they had previously when the lots were developed. For these reasons, the change to Single-Family Residential is appropriate. The General Plan Land Use Map would be revised from Commercial to Low Density Residential, and the properties will be rezoned from General Commercial (C-G) to R-1- 7,500 – Low Density Residential, as shown below (refer to Attachment No. 3): FINDINGS Pursuant to Section 9108.03.060 of the Development Code, an amendment to the Arcadia General Plan and Zoning Amendment may be approved only if all of the following findings are satisfied: 1. The amendment is internally consistent with all other provisions of the General Plan; and Commercial Low Density Residential General Commercial (C-G) Low Density Residential (R-1) GPA 17-01 and ZC 17-01 July 25, 2017 Page 4 of 5 Facts to Support the Finding: The proposed General Plan Amendment is internally consistent with the goals, objectives, and policies of the Arcadia General Plan. Approvals of the proposed General Plan Amendment from Commercial to Low Density Residential, and rezoning of the properties from General Commercial (C-G) to Low Density Residential (R-1-7,500), are consistent with the Housing and Land Use and Community Development Elements by conserving the existing housing stock and by establishing consistency between the Land Use Plan and the Zoning Code. A designation of Low Density Residential is a more appropriate designation than Commercial, and this will allow the existing residential structures to align with the former land use designation and residential use of the subject properties. The reclassification of the four properties will allow for the property owners to maintain and improve the existing residential structures. The proposed General Plan Amendment and Zone Change are consistent with the following General Plan goals and policies: Housing Element Goal H-1: Conserve and improve the condition of the existing housing stock. Land Use and Community Development Element Policy LU-1.6: Establish consistency between the Land Use Plan and the Zoning Code. 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. Facts to Support the Finding: The proposed General Plan Amendment and Zone Change will not have any detrimental effect upon the health, safety and general welfare of the City, nor will it have an effect on the conditions of the built environment since the amendments consists of making the designations and zoning consistent with the existing uses – single-family residential. There will be no physical changes to the built environment. 3. The proposed Zoning Map Amendment is consistent with the General Plan and any applicable specific plan(s). Fact to Support the Finding: The proposed Zoning Map Amendment to rezone the properties from General Commercial (C-G) to Low Density Residential (R-1- 7,500) will ensure that the Zoning Map is consistent with the General Plan land use designation and uses allowed within the Development Code. ENVIRONMENTAL ANALYSIS The proposed project is categorically exempt from California Environmental Quality Act under Class 1 and Class 5 pursuant to Section 15301 as existing facilities, and 15305 as minor alterations in land use limitations of the State CEQA Guidelines. Section 15301 consists of the operation, repair, maintenance, permitting, leasing, licensing, or GPA 17-01 and ZC 17-01 July 25, 2017 Page 5 of 5 minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency‘s determination. Section 15305 consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density. The proposed project consists of changing the land use designations and zoning of four properties to make the designations consistent with the existing single-family residential uses. There are no physical changes to the environment that are currently proposed. The project does not involve the expansion of use beyond the existing single-family residences. Additionally, the involved parcels have an average slope of less than 20% - refer to Attachment No. 4 for Preliminary Exemption Assessment. PUBLIC NOTICE/COMMENTS A public hearing notice for this item was published in the Arcadia Weekly on July 13, 2017 and public hearing notices were mailed out to all property owners located within a 300- foot radius of the subject properties. As of July 20, 2017 no comments were received in response to the notice. RECOMMENDATION It is recommended that the Planning Commission adopt the attached Resolution No. 1996 (Attachment No. 1) approving General Plan Amendment No. GPA 17-01, Zone Change No. ZC 17-01, and Zoning Map Amendment to the City Council, based on the findings listed in this staff report, including that the project is Exempt under the California Environmental Quality Act (CEQA), and direct staff to convey the Commission’s comments to the City Council. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the July 25, 2017, public hearing, please contact Assistant Planner, Vanessa Quiroz at (626) 574-5422 or VQuiroz@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1996 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: General Plan Land Use and Zoning Map Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Resolution No. 1996 Attachment No. 1 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Properties and Surrounding Properties Attachment No. 2 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1953 1,000 1 LAW,VINCE C Site Address:307 E FOOTHILL BLVD UNIT A Parcel Number:5771-028-023 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:Yes N/A N/A N/A, Yes Residential Flex Overlay: N/A N/A N/A, Yes Yes Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 13-Jul-2017 Page 1 of 1 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1953 1,397 1 OU,TONY D AND GRACE S Site Address:307 E FOOTHILL BLVD UNIT B Parcel Number:5771-028-022 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:Yes N/A N/A N/A Residential Flex Overlay: N/A N/A N/A Yes Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 13-Jul-2017 Page 1 of 1 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1954 1,476 1 LEE,YENKUANG L AND LIHLIH L Site Address:307 E FOOTHILL BLVD UNIT C Parcel Number:5771-028-045 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:Yes N/A N/A N/A, Yes Residential Flex Overlay: N/A N/A N/A, Yes Yes Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 13-Jul-2017 Page 1 of 1 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1969 1,809 1 YE,SHAOHUA AND ZHONG,JING R Site Address:307 E FOOTHILL BLVD UNIT D Parcel Number:5771-028-046 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:Yes N/A N/A N/A Residential Flex Overlay: N/A N/A N/A Yes Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 13-Jul-2017 Page 1 of 1 303 East Foothill Boulevard 305 East Foothill Boulevard 307 East Foothill Boulevard 309 East Foothill Boulevard Driveway to subject properties from East Foothill Blvd. Commercial Property located at 317 E. Foothill Blvd. Commercial Property located at 301 E. Foothill Blvd. Commercial Property across the street along Foothill Blvd. Commercial Property across the street along Foothill Blvd. Residential property behind the subject properties located along E. Sycamore Ave. Residential property behind the subject properties located along E. Sycamore Ave Residential properties located to the east of the subject properties along Valencia Way. Residential properties located to the east of the subject properties along Valencia Way. Attachment No. 3 General Plan Land Use and Zoning Map Attachment No. 3 Existing General Plan Land Use Proposed General Plan Land Use Commercial City of Arcadia Low Density Residential Ü 0 150 300Feet 303, 305, 307, and 309 E. Foothill Blvd. 303 305 309 307 303 305 309 307 Existing Zoning Proposed Zoning General Commercial (C-G) City of Arcadia Low Density Residential (R-1) Ü 0 150 300Feet 303, 305, 307, and 309 E. Foothill Blvd. 303 305 309 307 303 305 309 307 Attachment No. 4 Preliminary Exemption Assessment Attachment No. 4 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: General Plan Amendment No. GPA 17-01 and Zone Change No. ZC 17-01 to rezone the properties located at 303, 305, 307, and 309 E. Foothill Blvd from General Commercial (C-G) to Low Density Residential (R-1). 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 303, 305, 307, and 309 E. Foothill Blvd 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Vince Law, Yen-Kuang Lee, Tony Ou, Jing R. Zhong, (2) Address 303, 305, 307, and 309 E. Foothill Blvd 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: The proposed project is categorically exempt from CEQA pursuant to Sections 15301 (Class 1: Existing Facilities) and 15305 (Class 5: Minor Alterations in Land Use Limitations) of the State CEQA Guidelines. f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: Preliminary Exemption Assessment FORM “A” h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: 6/8/17 Staff: Vanessa Quiroz, Assistant Planner