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HomeMy WebLinkAbout1165 - e ~' - '''-; -, .~ " ( c , \ PLANNING COMMISSION RESOLUTION 1165 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA RECO~lMENDING DENIAL OF ZONE CHANGE Z-81-2 FROM M-l, C-2, AND C-2D TOCPD-1, FOR THE AREA BOUNDED BY THE 210 FREEWAY ON THE NORTH, FIFTH AVENUE ON THE EAST, THE AT&SF RAILROAD ON THE SOUTH AND SECOND AVENUE ON THE WEST. WHEREAS, The City of ' Arcadia initiated Zone Change Z-81-2, requesting a Zone Change from ~1-1, C-2, and C-2D to CPD-l (Commercial Planned Deve'lopment-l) for the area bounded by the 210 Freeway on the North, Fifth Avenue on the East, the AT&SF Railroad on the South and Second Avenue on the West, and adding an "H" overlay to the property at the Northeast corner of Second Avenue and Huntington Drive. WHEREAS, public hearings were held on May 26 and June 9, 1981 at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Arcadia makes the following recommendation and finds as follows: Section 1, The Commission reviewed the CPD-1 (Commercial Planned Development-I) zone regulations which were adopted by the City Council on May 5, 1981 and noted that they did not see the need for allowing residential uses within this area and thought this would lead to land speculation. The Commission also expressed concern that the minimum lot area requirement was too small. Section 2. This Commission finds that based upon the CPD-l regulations adopted by the City Council, the proposed zone change is not appropriate and is not justified by either public necessity, convenience, general welfare or good zoning practice, and, therefore, recommends to the'City Council that said zone change be denied. 1165 . ... . - _. " . ~,. ...p.] ..I' . y~~ tJ. --', . -, .., ~ e--J ARC.~' lA '-;' wll\." . .....~ ..;./ ~.~~~!o:. rJlI emOl,anJum Date May 26, 1981 Honorable Chairman and Members TO: of the Planning Commission FROM: Charles .T. Liberto, City Attorney fr SUBJECT: OPINION REGARDING EFFECTIVENESS OF CONDITIONAL USE PERMIT TO CONTROL OFFICE USES IN M--l ZONE - PROPOSED TA 81-3 RECEIVED M.4Y 2 -I 1961 CITY OF ARCADIA pL.ANNlNG DEPT. ~ This Opinion responds to Donna Butler's May 20, 1981 request (copy · attached) forwarded from the Planning Commission regarding the degree of control the Conditional Use Permit proposed by TA 81-3 affords the City to regulate, permit or prohibit office uses in an M-l zone. This is basically a hypothetical question devoid of specific examples of commercial office uses desired to be regulated or prohibited, and development specifications for each. Absent specific examples, generally speaking, a CUP is considered to be a very convenient and useful control device, since the burden is on the applicant to prove the use won't be detrimental; that the site is adequate in size and shape; that abutting streets are adequate; and that it won't adversely affect the General Plan. AMC 'Section 9275.1.1. The permit can be restricti velv conditioned so long as a condition is not impossible anrl rp.l~tps tn us~ imp~ct. The City's existing M-l Planned Industrial District expressly allows office uses for architects and engineers and those accessory to emergency hospitals, clinics, maintenance services, supply houses, light industrial and manufacturing firms, processing, assembling, manufacturing, and dis- tributing products, sites for warehousing and storage, and sites for essential service facilities such as restaurants, service stations, and public utilities. AMC Section 9266 - 9266.1,10. Regulations applicable to these uses are set forth in other zones. Where the M-l regulations are stricter, however, M-l applies. kMC 9266.1.8. There are numerous non-office commercial, retail, and institutional uses allowed in lo'.-l with a CUP. (See AMC 9275.1.3 - 9275.1.60.) Pro- posed TA 81-3 simply adds to this list "9275.1.52.4. OFFICE USES. Office Uses in an M-l Zone." "Office uses" are not defined, but should be. The "office uses" definition found in C-O zone Section 9261.1.1, "business offices where merchandise is not processed, sold or otherwise distributed" and "professional offices" as defined in AMC Section 9261.2 should be used. . From the existing code one could conclude: 1. ACUP is unnecessary to control architect and engineering office uses in M-1. 2. Control of numerous non-office commercial and retail uses in M-l is adequate with a CUP. If the Planning Commission does not agree with these conclusions, __~_~hen..}he Commi;.ssi.?n~houJd_ pr?er",Staff to study" report ,__.and -list~which--, offl.ce uses'" other- than archl.tects and engineers, have ,a' more undesir- able land use impact, and how the existina non-office commercial CUP controls are inadequate. Otherwise, the Planning Commission could find TA 81-3 adequate with, the followina suggested modifications: . 1. Also require a CUP for architect and engineerin;-~.ffices unless ratl.onale for their exemption can be justified by findings set fo~th in the text amendment. . and (~f' Sp~cify "office uses" include those defined in AMC 9261.1.1, ~ so l.ntended) "professional offices" as defined in Section 9261,1.2. CJL:br · Attachment - , . ( ( Section 3, The Secretary shall certify to the adoption of this Resolution. I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission of the City of Arcadia held on the 23rd day of June, 1981 by the following votes: AYES: Commissioners Hegg,Kuyper, Sargis, Soldate, Hedlund NOES: Commissioner Fee ABSENT: . Commissioner Brink ABSTAIN: None ATTEST: Chairman Secretary 1165 - 2 - .' c- c ~ '.JUNE 9, 1981 TO: PLANNING COMMISSION CITY OF ARCADIA FRO~l: PLANNING DEPARTMENT CASE NO.: Z 81-2 PREPARED BY: DONNA L. BUTLER ASSOCIATE PLANNER - The Planning Commission continued its consideration of Z 81-2 to tonight's meeting in order to obtain a copy of Ordinance 1720 establishing the Commercial . Planned Development-1 Zone classification. Attached for your information is Ordinance 1720, Table 1 comparing the CPD-1 regulations adopted by the Council with the CPD-1 regulations recommended by the Planning Commission, and the staff report. . , . ("',.:" ..,'./ c TAlILE 1 - CO;!P,\RISG:l BET\.!EEN PLANNING CO~l"ISSIO:J RECm-1?-lE:JDATlO:" OF CPD-l REGULATIONS A:-1n TilE CPD-I P.EGULATIO:,IS ADOPTED !W TilE CITY r.oUNCIL (Or,D. 1720) Title and Section Planning Commissi.on RecomMendation City Council Recommenr!ation USES PEP~!ITTED Purpose General Use Regulations Office Uses Professional Office Same as P.C. Same as P.C. Same as P,C, Deleted "Employment Agencies" and added: "any other professional office deemed by the C.C. to be compatible with the pro- fessional office title." Financial Institutions Same as P.C. - Automobile Parkin? Areas Book or Stationery Store Photographers Printing/Lithographing Signs Accessory Bldgs. & Uses Uses permitted in conjuntion with a hotel facility Same as P.C. Same as P.C. Same as P.C. Same as P,C. Same as P.C. Same as P.C. Added: "any other ancillary use deemed bv the C,C. to , ' be compatible ",ith and incidental to a hotel facility. .. USES SUBJECT TO C.U,P. Cor..munica tions Equip. Bldg. Same as P.C. Drive-in facilities for financial institutions Same as P.C, Eating Establishments Same as P.C. Electrical Substations Same as P.C, Employment Agencies Added by the City Council Health Club Same as P,C. Hotels Same as P,C. Light Industrial, etc. Same as p.C. . }lotor Vehicle Sales Same as P,C. , '1 Outdoor ea ting establishment Added by City Council I TABLE 1 ( (.'.. " 2 - Title and Section Same as P.C. Private Clubs, etc. Residential uses, integral part of corr~crcial dev. Restaurants Theatres DEVELOP}ffiNT STANDARDS Hinimum Parcel Area Building Height Building Setbacks - Parking Landscaping ~!odification SIC:l RECULATIO::S Regulations Prohibition ~ui$ance Signs, Ceneral Sigh Structure Per~itted & Prohibited Sign Prohibitions .. Repair & Condition of Sign Vacant Prenises Planning Commission Rccornmenciation 43,560 square feet 3 stories, 4D feet exception: 11otel, 8 stories 100 feet Street side setback: a. 10' for bldgs. 40' or less b, 25' for bldgs, over 40' Interior & rear yard set- backs: . a, None required for b1dgs. 40' or less b, 20' plus 2' for bldgs, in excess of 3 stories City Council Recommendation Added by City Council Same as P.C, Deleted by City Council 22,000 square feet 3 stories, 40 feet no exeep tion Street Side setback: 10 feet Interior & rear yard set- backs: None Same as P,C. Same as P.C, Same as P.C. Same as P,C, Same as P.C. City Attorney changed to rend: "a sign \vhich is not in compliance with these regulations is here- by declared a nuisance" Same as P.C. Same as P.C. Same as P,C. Same as P.C. Same as P,C. Same as P.C. ( c T,'-I;LE 1 3 - Title and Section Planning Commission Rccornmcnd:1tion City Council Recomrnend.1.tion Nonconforning Signs ~eh' Sign Same as P.C. Same as P,C. Hall Signs' Free Standing Signs Same as P.C. }tarquee Signs Direetional Signs Real Estate Signs Political Signs Auxiliary Signs' Same, except under "excep- tion", the regulations regarding automobile ser- vice stations has been deleted since automobile service stations are not permitted in CPD-I zone. Same as P,C. Same as P.C, Same as P.C. Same as P.C. Same as P.C. ARCHITECTURAL COolSIDERATIO:-:S SaP.le as P.C. ,PLP"'l REVIEI-I PROCEDURE Same as P.C. except for the following additions: Under "Preliminary Revie\.,711 a sentence was added by the City Attorney which reads: "No building per- mit shall be issued until a precise plan is approved in accordance with this title." Under "City Council Review, Findings .and Action" a paragraph t-:as added re- garding City Council may disapprove an application upon specific findings... (Section 9260.5.5) . _ clay 26, 1981 - . TO: FRm1: CASF. NO. PREPARED BY: GENERAL I~FORMATIO~ APPLICANT: REQUESTS: AREA: EXISTI~G LAND USE &ZO~I:\G: SURROUNDli\G LAl'JD USE&. ZOc:H:G: ( ( PL\l'\NI~G CO"lOllSSION PL\NNI~G DEPAWPIEi'iT Z-81-2 DONNA L, BUTLER ASSOCIATE P-LA:\NER City of Arcadia (1) Zone change from C-2, C-2D &c1-1 to CPD-1 (Commercial Planned Development) for the area bounded on the North by the 210 Free\"ay, on the East by Fifth Avenue, on the South by the AT & SF Railroad and on the West by Second Avenue. (2) Zone Change adding an "H" (High Rise) overlay to the property located at the northeast corner . of Huntington Drive and Second avenue. The site contains 40: acres. The area is developed ",ith mixed residential uses, commercial uses, light industrial uses and the City Yards; zoned C-2, C-2D & M-1. North: 210 Free\,'ay, "'i th residences north of zoned M-1 and R-1. AT & SF Railroad, and Bonita School, and R-J. Public storage mobile home in ~Ionrovia); & RPD. Mixed Commercial, So. -substation, light and residential uses; Calif,Edison industrial zoned C-2HMI-1 ~Iay 26, 1981 2-81-2 Page One single family the Free\"ay, South: Bonita zoned Park S-2 East: area, park zoned office uses, (all located PD, Gcn Com. \.Jest: - - '. ( ( , GE~E!{AL PUN DES IG1~A';:lOCJ: PLanned Developmc~t Area - 1 HISTORY In March, 1980, staff was directed by the City Council to initi~te proceedings for the consideration of a~ending the City's G~neral Plan, Zoning Ordinance ahd Zoninc, which would allow for a greater range of uses and establish development regulations governin8 such u'ses for the a:-ea being considered by this zone c!1ange. In order to provide specific development standards, the City Council on rlay 5, 1981 adopted a ne\v General Plan Designation called "Planned Development Area", Ci.ty Council Resolution 4955. A ne'.} ZO;1e classification cc,lled "Commerci.al Planned Development" was adopted by t!1e City Council on May 19, 1931 (Ordinance 1720), These nelv regulations Ivere designed specificelly for the subject area and focused on implementing the goals ~nd policies outlined in the "Planned Development Area-I" General Plan designation. REQl;EST O~E The first reauest is to change the zoning of the area bounded by the 210 Freewav on the North, Fifth Avenue on the East, AT&S? Ra i I road on the South and Second Avenue on the \';12 5 t from C-2. C-2D & M-l to CPD-I (Commercial Planned Development-I). . This zone change t.;auld be consister,t I;ith the General Plan DesiS- nacion of PDA-1. REQU2ST T\:O The second request is to add an "}-j" high rise overlay to the property located at the northeast corner of Huntington Drive and Second Avenue (see Map 1). (This property lS the site for che proposed hotel,) This would res'lIlt in a CPD-1 H zoning for said property. The C!'D-l feet. The 85 feet in a building height allo\vs a building of to three stories, 35 be eight stories, zone allolvs "H" overlay height. The CPD-1 zone requires a rr.inimum streec side setback of 10' and no side y.1rd or rear yard setback along interior property line,o. 1'11e "H" l ld .' 25' f t . ~ ove.r ay wou require a mlnLmum -ron yord setbQck and a ffilnlmumu Sloe yard 2nd rear yard setbacic of 20 feet plus 2 feet for each story in excess of two stories. The CPD-1 the' lot area of of s\Jch "H" overlav would limit area and the hc.bitable 3 times the gross area 20ne has no lot coverage. The coverasc to 37~~~ of th'e total all bc:ildings shall not exceed lots. r!ay 26, 1981 Z-81-2 Page 2 - ~ . ( ( The CPD-l zoue parkiug rcquiremcuts arc cousistent with the reC!ulations set forth i u Secti,on 9269. The "H" overly st<Jces "Tl1at iu cOr.1rccrcLll builciiugs off-street parking shall be proviued at the, ratio of oue space for each 300 feet of gross floor area, excludiug auy area c1esi,gued for off-street parkiug," Incorporating au "fI" overlay on this corner would allO\.} for maximum. flexibility in the desigu of the proposed hotel. If flt ested could allO\.}s in the a later date other developers or property owners are inter- in high rise development au property in this area, they apply for a zone change to add the "H" overlay. This the City to maintain, control of the height limitation area and review each request on a case by case basis, ANALYSIS The proposed zone change of the ent i re area to CPD-1 is the final step in implementing the City Council J s directive of March 1980 and will provide development alternatives, and encourage architectural compatibility within the subject area. CEQA After preparation of an environmental information form and initial study, staff determined that the proposed changes might have an euv i ron:;;enta 1 impac t ,and pursuant to the provi s ions of the California Enviroumental Quality Act, an environmental impact report was prepared, On Decer.1ber 16, 1980, Resolution 4924 \.}as adopted Couucil ,,'hich uetermined' that the EIR was completed wich CEQ;, , the State Guidelines impler:wutiug' CEQA, of Arcadia regulations implementing CEQA. by the City in compliance and the Ci tv 1< ECO:'l~IE:\lJA Tl ON The 2 of Planning Department Zone Change 81-2. recommends approval of Requests 1 and ~Iay 26, 1981 Z-81-2 Page 3 \ '. . .; >-\ ~ i ':;:1,1 I -11 . R-I c ~ ~ ij., a. IL' ~ 3 ~- i ~ I t~:~D .~' .~~~ ~h~ "<' l~, U ., -'\ ?-, ~ )0 I ,-\ ...:; \ -; \ '~ :::1 '.'CoO \- '\ rri 01 - ., S T, ,_ : __ _a-l_,~_ __ ,_'_'.., ;.~.~, '\ I U:";-':I ...... ft.::J ,.... 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SU B.J ECT ,\RE.-\ Z-81-2 " ..!, . . c '" ::J w > < S.:-.:;:'.~ o u ~ U1 ,...-~ --~>-' }"" ...."'.....,....... c Z-~1-2 Al:L\ TO BE CO~;S IDERED FOt: ZO::E CIlX,;CE TO CPD-l ~ CLr.R.:l. "., ::J > < o c: H = E-< }LA.P 1 Area to include a hi~!l ri.se ovcr\a;,: p /('::":->. <;f'~l "'.r- STREET t.:..:l ~ (,J :> ..:: . (,J :> DIUVE .:.;; '" ::<; ::J o ~ "" '" H (0..,