Approved by City Manager: CITY COUNCIL AGENDA REPORT DATE: OCOTBER 14, 2013 TO: FROM: SUBJECT: HONORABLE MAYOR AND COUNCILMEMBERS ISIDRO FIGUEROA, PLANNER CONSIDERATION OF RESOLUTION NO. 2013-1385 AND ORDINANCE NO. 2013-307 TO APPROVE FILE NO. 130000165, REQUEST FOR A LOT LINE ADJUSTMENT, GENERAL PLAN AMENDMENT AND ZONE MAP AMENDMENT TO ALLOW FOR A 1.60 ACRE PARCEL IMPROVED WITH AN EXISTING TWO STORY, 13,611 SQUARE- FOOT OFFICE BUILDING ADJACENT TO LAS VIRGENES ROAD (PARCEL 2), AND A 9.34 ACRE PARCEL (PARCEL 1) DIRECTLY EAST (CURRENTLY IMPROVED WITH MAINTENANCE, GARAGE AND PUMP FACILITIES). THE PROJECT ALSO REQUESTS TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION OF PARCEL 2 FROM PUBLIC FACILITIES-INSTITUTIONAL (PF-I) TO BUSINESS-LIMITED INTENSITY (B- LI), AND CHANGE THE ZONING FROM PUBLIC FACILITY (PF) TO COMMERCIAL, LIMITED (CL). THE GENERAL PLAN DESIGNATION AND ZONING FOR PARCEL 1 WILL REMAIN PUBLIC FACILITIES-INSTITUTIONAL (PF-1) AND PUBLIC FACILITY (PF). THE PROJECT SITE IS LOCATED AT 4232 LAS VIRGENES ROAD WITHIN THE PUBLIC FACILITY (PF) ZONING DISTRICT AND THE LAS VIRGENES ROAD SCENIC CORRIDOR OVERLAY (SC). THE CITY'S STAFF HAS DETERMINED THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW IN ACCORDANCE WITH SECTIONS 15061(B)(3) AND 15305 OF THE CALIFORNIA CEQA GUIDELINES. MEETING OCTOBER 23, 2013 DATE: AGENDA ITEM NO. 6
SUMMARY RECOMMENDATION: That the City Council adopt Resolution 2013-1385 and Ordinance 2013-307 to approve File No. 130000165 (Lot Line Adjustment, and Zone Map Amendment). REVIEW AUTHORITY: The City Council is reviewing this project pursuant to Calabasas Municipal Code Section (CMC) 17.76.030 ( and Zone Map Amendments), which stipulates that the City Council shall render an approval or disapproval. Please see Attachment A for City Council Resolution No. 2013-1385 and Attachment B for City Council Ordinance No. 2013-307 Pursuant to CMC Section 17.44.130 (Lot Line Adjustment), the Community Development Director shall hold a public hearing for lot line adjustments involving land area of more than five acres in size. However, CMC Section 17.60.020 allows the Director to refer any matter subject to a decision by the Director to the Planning Commission, so that the Commission may instead make the decision. Since the Amendment and Zone Change are approved or disapproved by the Council, the City Attorney has recommended that the matter of the Lot Line Adjustment be reviewed by the Council as well. BACKGROUND: The Las Virgenes Municipal Water District (LVMWD) previously occupied the existing vacant building from 1970 to 1996. Between 1996 and 2010, the LVMWD continuously leased the building for commercial office use only. However, the building has remained vacant since 2010. The LVMVD approached staff with a request to make exterior and interior improvements to the building site in order to resume leasing the building for commercial office use. Staff indicated to the LVMWD that leasing the building for commercial office use was not permitted under the Public Facility (PF) zone. The ongoing leasing of the building from 1996-2010 was considered a legal nonconforming use, and allowed to continue in conformance with the nonconforming regulations identified in the development code. The nonconforming use of the building lost its legal nonconforming status when the commercial office use was nonoperational for a continuous period of one year. Pursuant to CMC Section 17.72.030, when a nonconforming use of a conforming structure is discontinued for a continuous period of one year, it shall be presumed that the use has been abandoned. Further use of the site or structure shall comply with all the regulations of the applicable zoning district and all other applicable provisions of the development code. 2
Staff indicated to the LVMWD that approval of a Amendment and Zone Map Amendment by the City Council would be required in order to resume leasing of the building for commercial office use. Additionally, staff indicated that the exterior and interior improvements required entitlements that would be reviewed by the Planning Commission. The LVMWD decided to phase the project and seek approval of the exterior improvements first and then subsequently seek approval of the Amendment and Zone Map Amendment. On November 9, 2012 the applicant submitted a request for a Site Plan Review, Scenic Corridor Permit and a Sign Permit seeking approval to add a 74 sq.-ft. addition to accommodate a new elevator, landscape and parking lot improvements, demolish the existing monument sign, and construct a new monument sign in a new location. On February 21, 2013, the Planning Commission approved the Site Plan Review, Scenic Corridor Permit and a Sign Permit at a noticed public hearing. On February 13, 2013, the LVMWD submitted a request for a Amendment and Zone Map Amendment, and a Lot Line Adjustment. The proposed Lot Line Adjustment would reconfigure the two adjacent parcels to allow for a resulting 1.60 acre parcel improved with an existing two story, 13,611 squarefoot office building adjacent to Las Virgenes Road (Parcel 2), and a resulting 9.34 acre parcel (Parcel 1) directly east (currently improved with maintenance, garage and pump facilities). The project also requests to change the land use designation of the newly created 1.60-acre parcel (Parcel 2) from Public Facilities- Institutional (PF-I) to Business-Limited Intensity (B- LI), and change the zoning from Public Facility (PF) to Commercial, Limited (CL). The designation and zoning for the 9.34 acre parcel (Parcel 1) will remain Public Facilities-Institutional (PF-I) and Public Facility (PF) respectively. Please see Attachment E for site plan/ lot line map. On September 19, 2013, the Planning Commission reviewed the project at a noticed public hearing. At the hearing, no member of the public spoke in favor or against the project. After thorough review and discussion, the Planning Commission unanimously voted to adopt Resolution No. 2013-556 (see Attachment D) recommending to the City Council approval of File No. 130000165. Please see Attachment C to review the September 19, 2013 Planning Commission staff report and Attachment E for the September 19, 2013 Planning Commission minutes. DISCUSSION/ANALYSIS: The key issues related to this project are discussed below: A. Site Design/Building Layout: The project site is comprised of two parcels with a 3
total area of 10.94 acres. The total land area of Parcel 1 in its current configuration is approximately 5.76 acres and the total land area for Parcel 2 in its current configuration is 5.18 acres. The proposed Lot Line Adjustment would result in an approximate 1.60 acre parcel (Parcel 2) improved with a 13,611 square foot office building, surface parking, and landscaping. The land area of the resulting Parcel 1 would be compromised of approximately 9.34 acres improved with water conveyance infrastructure, maintenance and storage buildings, and a reservoir used by the LVMWD. The proposed boundary adjustment will not create any new parcels but instead reconfigure the existing Parcel 1 and Parcel 2. The proposed Lot Line Adjustment has been configured to allow Parcel 1 and Parcel 2 to conform to the minimum lot size, site coverage, pervious surface, setbacks and other development standards pursuant to each parcels respective zoning. Additionally, the proposed Lot Line Adjustment would adjust the boundary lines to eliminate buildings from being located across two properties as they currently do. Please see Attachment H for site photos. B. Parking and Circulation: There are no parking requirements within the PF zoning. There are currently 44 parking spaces available to serve the existing office building in Parcel 2. If the Amendment, and Zone Map Amendment are approved, the office building on Parcel 2 would be required to provide 55 parking spaces in accordance with the parking requirements identified in CMC Section 17.28.050 for commercial office use. The reconfiguration of Parcel 2 will provide a total of 64 parking spaces which exceeds the minimum parking requirements identified in CMC Section 17.28.050 for commercial use. Ingress and egress to Parcel 1 and Parcel 2 is provided by a driveway located adjacent to Las Virgenes Road. The Los Angeles County Fire Department reviewed the project through the Development Review Committee and provided procedural comments only. 4
C. Amendment/Zone Change: EXISTING ZONING/GP DESIGNATION Parcel 1 Public Facilities- Scenic Corridor (PF-SC) Public Facilities- Institutional (PF-I) Parcel 2 Public Facilities- Scenic Corridor (PF-SC) Public Facilities- Institutional (PF-I) PROPOSED ZONING/GP DESIGNATION Parcel 1 No Change No change Parcel 2 Commercial Limited-Scenic Corridor (CL-SC) Business-Limited Intensity (B-LI) The existing land use designation for Parcel 1 and Parcel 2 is Public Facilities-Institutional (PF-I). Additionally, the existing zoning designation for Parcel 1 and Parcel 2 is Public Facilities (PF). Please refer to Attachment G for proposed and Zoning land use designation maps. In order for the building on proposed Parcel 2 to be allowed to be leased for commercial office use, a General 5
Plan Amendment would have to be approved in order to change the existing land use designation from the existing Public Facility-Institutional to Business-Limited Intensity. Also, the zoning must change from Public Facilities to Commercial, Limited. Surrounding land uses to Parcel 2 are: an approved 78-unit residential project located within the Commercial-Business Limited zoning to the north; existing LVMWD facilities to the south and east boundaries of the project site; and multifamily residential across Las Virgenes Road to the west. The leasing of the vacant building located within proposed Parcel 2 for commercial office use is not an allowed use within the Public Facilities zone. The existing zoning must change from Public Facilities Scenic Corridor (PF-SC) zoning designation to Commercial, Limited Scenic Corridor (CL-SC) to allow for commercial office use. Please refer to Attachment G for the proposed Zoning Map. By reconfiguring Parcel 2 as proposed, the 1.60 acre parcel would far exceed the 5,000 square foot minimum lot size requirement for the CL zone. The existing building would conform to all required setbacks. The building s floor area ratio of 0.20 would be compliant with the maximum allowed for the CL zone, and the proposed site coverage of 15% would be below the maximum allowed of 72 %. Additionally, the 27% pervious surface provided on reconfigured Parcel 2 exceeds the 24% required by the zoning. CMC Section 17.28.050 requires that the project site provide 55 off-street parking spaces for the commercial office use and the project site will provide 64 parking spaces, which exceeds the off-street parking requirement. A Amendment from PF-I to B-LI for Parcel 2 must be approved to accommodate the proposed zone change. The project is consistent with the following policies: II-8, II-9; II-11; II-13; II-14, and IV-23. The General Plan Amendment will not eliminate any anticipated future housing in contradiction to the Housing Element; and traffic conditions and requirements will not conflict with the policies and provisions of the Circulation Element. Furthermore, the amendment will allow for the commercial office use that was previously ongoing for a period of 14 years prior to the building being vacant for the past three years. The allowance of commercial office use in the existing vacant building in Parcel 2 is consistent with one of the objectives found under the Community Structure section of the Land Use Element of the that states, Maintain a well-designed, high quality, and functional mix of open space, urban and rural residential, and supporting commercial and business park land uses which reflects local community values and integrates the resolution of other general plan issues into a cohesive pattern. Approving the Amendment would allow the existing building to be leased for office use, which provides the City with supporting commercial office use without going through new construction. The minor interior and exterior 6
improvements of the existing building previously approved by the Commission and the Lot Line Adjustment will conform to the City s stated policies and objectives for control of storm water runoff, control and management of light pollution, and adherence to policies concerning conservation of energy resources. REQUIRED FINDINGS: The required findings are contained in City Council Resolution No. 2013-1385 attached as Attachment A and Ordinance No. 2013-307 attached as Attachment B. ENVIRONMENTAL REVIEW: This project is Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) and 15305 of the CEQA Guidelines. A Notice of Exemption has been prepared and is attached as Attachment I. CONDITIONS OF APPROVAL: See conditions contained in resolution No. 2013-1385, attached as Attachment A. REQUESTED ACTION: Staff recommends that City Council adopt Resolution No. 2013-1385 approving a Amendment and a Lot Line Adjustment associated with File No. 130000165; and approve a motion to introduce Ordinance No. 2013-307 approving a Zoning Map Amendment associated with File No. 130000165. ATTACHMENTS: A- Resolution 2013-1385 B- Ordinance 2013-307 C- Planning Commission Staff Report (September 19, 2013) D- Planning Commission Resolution 2013-556 E- Planning Commission Minutes (September 19, 2013) F- Site/Lot Line Adjustment Map Plan G- Proposed Land Use & Zoning Map H- Site Photos I- Notice of Exemption 7