DEPARTMENT OF CITY PLANNING RECOMMENDATION REPORT City Planning Commission Date: August 27, 2009 Time: After 8:30 AM Place: City Hall 200 North Spring Street Los Angeles, CA 90012 Public Hearing: Completed Appeal Status: Denial to City Council Expiration Date: September 8, 2009 Multiple Approval: N/A Case No.: CPC-2008-3222-GPA-ZC CEQA No.: ENV-2007-0804-MND Incidental Cases: Related Cases: None Council No.: 15 Plan Area: Wilmington/Harbor City Specific Plan: None Certified NC: Harbor City Neighborhood Council GPLU: Limited Industrial Zone: [Q]MR1-1VL Applicant: Representative: Ricardo F. Icaza, United Food and Commercial Workers Union Darlene Kuba PROJECT LOCATION: PROPOSED PROJECT: REQUESTED ACTIONS: 25941, 25949 South Belle Porte Avenue, Harbor City The demolition of an existing union hall and office building to permit the construction of 30 residential townhome style dwelling units in four separate buildings which will be two stories and 25 feet high over semi-subterranean two car garages. 1. Pursuant to Section 11.5.6 of the Municipal Code, a General Plan Amendment (Periodic Plan Review for Window No. 166, Geographic Area 2) to the Wilmington-Harbor City Community Plan to amend the Land Use Map to remove the MR1 designation on the site which, pursuant to Footnote Number 12 of the Community Plan identifies specific Limited Manufacturing areas proposed for the MR1 and MR2 zones. 2. Pursuant to Section 12.32 F of the Municipal Code, a Zone Change from [Q]MR1-1VL (Restricted Industrial Zone; 3 stories or 45 feet tall) to [Q]CM-1VL (Commercial Manufacturing Zone; 3 stories or 45 feet tall). 3. Pursuant to Section 21082.1 (c) (3) of the California Public Resources Code, the adoption of Mitigated Negative Declaration number EAF-2007-0804-MND and the required findings for the above project. RECOMMENDED ACTIONS: 1. Deny and recommend that the City Council deny the requested Plan Amendment to the Wilmington-Harbor City Community Plan to remove the MR1 designation from the property in question; 2. Deny the requested zone change from the [Q]MR1-1VL zone to the [Q]CM-1VL zone;
CPC-2009-817-DA Page 2 3. Adopt Mitigated Negative Declaration No. ENV-2007-0804-MND; and 4. Adopt the attached findings as the findings of the City Planning Commission. S. GAIL GOLDBERG, AICP Director of Planning Betsy Weisman, Principal City Planner Charles J. Rausch, Jr., Senior City Planner Telephone: (213) 978-1167
TABLE OF CONTENTS Project Analysis... A-1 Project Summary Background Issues Conclusion Findings...F-1 General Plan/Charter Findings Entitlement Findings CEQA Findings Public Input and Communications...P-1 Exhibits: A Maps A1 Vicinity Map A2 Radius Map A3 Plan Map B -- EAF-2007-0804-MND
CPC-2009-817-DA P-1 PROJECT ANALYSIS Project Summary The proposed project before the City Planning Commission is a Plan Amendment to the Wilmington Harbor City Community Plan which would eliminate a MR1 designation from a plan designated Limited Industrial property on the Plan s Land Use Map and a concurrent zone change from the [Q] MR1-1VL zone to the CM-1VL zone. The CM zone, which is listed in the Limited Industrial category s range of zones, is a hybrid commercial zone which permits C2 zone commercial uses, very limited industrial uses and, because it is a commercial zone, R3 zone residential uses. The intent of the zone change and plan amendment is to permit the demolition of an existing Union Hall and the construction of 30 residential townhouse units, in four, 25 foot high buildings with two parking spaces per unit. The limited industrial land use category would remain on the site. The four proposed buildings will be 25 feet high with a semi-subterranean parking level and two floors of living space. Each unit will contain a recreation room on the garage level, a living room, dining room and a kitchen on the first floor and three bedrooms on the second floor. Because the project is located in a commercial zone, it will be limited to a 1.5:1 floor area ratio (FAR) instead of the normal 3:1 FAR for a residential zone. Amenities for the project include a common swimming pool and a 740 square foot recreation building on the northerly portion of the site. The project is technically a three story project because of the recreation room on the garage level. Each town home unit will have a separate two car garage and there will be eight additional guest parking spaces located in surface parking spaces adjacent to the recreation area and the northerly property line. Background The subject site is a five lot wide, corner parcel of land at the intersection of Belle Porte Avenue and 260 th Street. It is zoned for MR1-1 uses and currently contains a union hiring hall and its parking lot. The property has approximately 260 feet of frontage on 260 th Street and 200 feet of frontage on Belle Porte. The property lies on the southern portion of a three block wide industrial area which is fully developed with industrial uses. Surrounding properties: Properties to the north of the site are zoned for MR1 uses for approximately 500 feet until the industrial area meets the commercial uses on the south side of the Pacific Coast Highway. Properties to the east of the site are zoned and developed for MR1 uses for one block to Frampton Avenue, CM and RD1.5 residential and containing apartment buildings and a trailor park for one half block and then the Kaiser South Bay Hospital complex. Properties to the south of the site are zoned RD1.5 and are developed with a variety of multiple family housing and properties to the west of the site are zoned for MR1 and RD1.5 uses for the first block and R1, single family homes there after. Streets and Circulation: Belle Porte Avenue is a Collector Street with a dedicated and improved width of 70 feet along the property s eastern frontage. 260 th Street is a local street with a dedicated and improved width of 60 feet along the property s southern frontage.
CPC-2009-817-DA P-2 Issues Change from industrial to a residential use: There is basically only one issue for the Commission to decide in this case should there be a plan amendment for this property that would allow residential uses on land that is currently planned and zoned for industrial uses. The current Plan land use designation is Light Industrial with a MR1 icon on the Plan s land use map overlying the property. The range of zones in the Light Industrial designation are M1, MR1 and CM. The MR1 zone does not permit residential uses while the CM zone permits residential uses at the R3 density. The MR1 icon on the land use map limits the site to the MR1 zone instead of the other zones which are in the range of zones. This designation is important because the MR zones were enacted in the mid-1970 s as an industrial reserve which severely limited non- industrial uses such as retail commercial. The purpose clauses of the MR1 zone include: 1. To protect industrial land for industrial use, and prohibit unrelated commercial and other non-industrial uses. Another purpose was to upgrade industrial development standards so that industry would be a better neighbor to nearby residential uses and to protect industrial investment against incompatible residential, commercial and industrial uses,. To this end, the MR1 zone required landscaped front and side yards and no open storage except behind a solid fence. The Wilmington Harbor City Community Plan s Industrial Land Use section includes the following language regarding the MR zoning classifications on Harbor City s industrial land: In Harbor City where industrial pockets of land lie adjacent to residential areas, the Plan designates Limited or Light Industrial uses with corresponding MR restricted zoning classifications, which are intended to stabilize the industrial land reserve while assuring that industrial development be compatible with adjacent land uses. Thus it can be seen that the Plan s land use map and the Plan s text sought to preserve the scattered industrial pockets in Harbor City for industrial uses and to preclude their conversion to residential uses. In addition, the General Plan Framework s population and housing estimates for the Wilmington Harbor City Community forecasted a 2010 population of 92,168 for the area with a total of 26,993 residential units. The City s current (2008) population estimates for the area show a population of 80,990 living in 22,667 units. Thus in the most recent demographic information for the Plan area, 88% of the 2010 population estimates live in the area and 84% of the estimated housing units exist in the area. These population and housing numbers for the Plan area show that there is not a current need for converting these industrial properties into residential use. Conclusion Based on the language contained in the Wilmington Harbor City Community Plan s text, the Plan s land use designation restrictions and the General Plan Framework s stated intent to preserve industrial properties from piecemeal changes to other uses, Department staff recommends that this Plan Amendment and Zone Change be denied. While some may see the industrial pockets of Harbor City as areas ripe for residential development, any conversion of these industrial areas should be done as a part of the New Plan for Wilmington Harbor City and not on an ad-hoc basis by individual property owners.
CPC-2009-817-DA P-3 FINDINGS General Plan/Charter Findings 1. General Plan Land Use Designation. The subject property is located within an area covered by the Wilmington Harbor City Community Plan, which was adopted by the City Council on July 14, 1999 (Case No. CPC 97-0050 CPU; CF 98-1619). The Plan Map designates the subject property for Limited Industrial use, with corresponding zones of MR1, M1 and CM. The Plan Map also includes an icon on the Limited Industrial use that limits the area to the MR1 zone. The subject site is zoned MR1-1 and therefore is consistent with the Limited Industrial land use designation. 2. General Plan Text. The Wilmington Harbor City Community Plan states that in portions of Harbor City and Wilmington where industrial strips or pockets of land lie adjacent to residential areas, the Plan designates Limited or Light Industrial land uses with corresponding MR restricted zoning classifications, which are intended to stabilize the industrial land reserve while assuring that industrial development be compatible with adjacent land uses. The subject property is in one of Harbor City s industrial land pockets and has residential uses adjacent to it on the south. It is consistent with the Plan text in that it is zoned for MR zone uses. The existing zoning and Community Plan Land Use designation is also consistent with the following Objectives and Policies of the Plan Text: Objective 3-2. To retain industrial lands for industrial use to maintain and expand the industrial employment base for the community residents. Policy 3-2.1 Protect areas designated for Industry and proposed for the MR restricted zoning classifications on the Plan map from unrelated commercial and other nonindustrial uses, and upgrade such areas with high quality industrial development that is compatible with adjacent land uses. 3. City Charter Sections 556 and 558. The proposed change to the General Plan to eliminate the MR zone icon from the Community Plan map to permit residential development in a Limited Industrial land designation is NOT consistent with the General Plan and does not comply with Charter Sections 556. The proposed plan amendment is not in substantial conformance with the purposes, intent and provisions of the General Plan in that the Wilmington Harbor City Community Plan specifically states in its policies and objectives, as stated above, that the industrial pockets of the Harbor City area should be maintained for industrial uses and that they should be protected from unrelated commercial and other non-industrial uses. Elimination of the MR icon would permit the enactment of either the M1 or the CM zones which would permit the establishment of either commercial uses with the M1 or CM zones or residential uses with the CM zone. The MR zones do not permit these uses, except as an incidental use to an industrial development, thus maintaining the area as a reserve for industrial uses. The proposed plan amendment and zone change are not consistent with Charter Section 558 in that they are not in conformity with the public necessity, convenience, general welfare and good zoning practice. The proposed changes would permit the construction of a residential development on land that the Community Plan sets aside for industrial development and for employment generating uses. The Wilmington Harbor City Community Plan has currently
CPC-2009-817-DA P-4 developed approximately 84% of its residential unit capacity on land zoned for residential uses. Thus there is no need to convert land in its industrial reserve for residential purposes as it has not fully utilized its current planned residential capacity. Furthermore, the requested change to the CM zone in order to permit the construction of a 30 unit residential development would be a violation of State law which requires that the City s zoning be consistent with its General Plan. Residential uses are not permitted in either industrial zones or in industrially planned areas. Since the proposed site will remain in the Limited Industrial plan designation, the passage of the CM zone for the purpose of using its residential capacity would be inconsistent with the General Plan. The proposed Plan Amendment is inconsistent with the Plan Text, Goals and Policies of the Wilmington Harbor City Community Plan. The Plan Text s Industrial Section states that in portions of Harbor City and Wilmington where industrial strips or pockets of land lie adjacent to residential areas, the Plan designates Limited or Light Industrial land uses with corresponding MR restricted zoning classifications, which are intended to stabilize the industrial land reserve while assuring that industrial development be compatible with adjacent land uses. The Plan specifically mentions the industrial pockets of the Harbor City area with the intent that these areas remain as industrial land reserves. That is the reason for placing the restrictive MR designation on these areas and for the MR1 and 2 zones in them. The introduction of residential uses in these areas is not consistent with this language and would lead to a destabilization of these industrial areas by further encroachment of residential uses in them. Objective 3-2. To retain industrial lands for industrial use to maintain and expand the industrial employment base for the community residents. While the site is currently used as a Union Hiring Hall for the food services industry, the conversion of this property to residential use would preclude the use of the site for future industrial uses and would put pressure on adjacent industrial properties to convert to residential uses in the future. The MR zone was placed on these properties to preclude their use for residential or 100% commercial uses and a zone change or plan amendment to allow those uses would be inconsistent with the Plan. Policy 3-2.1. Protect areas designated for Industry and proposed for the MR restricted zoning classifications on the Plan Map from unrelated commercial and other nonindustrial uses, and upgrade such areas with high quality industrial development that is compatible with adjacent land use. The removal of the MR icon from the site and a rezoning to the CM zone in-order to permit a residential development would be directly inconsistent with this policy of the Plan. 4. Zone Change Findings. Pursuant to Section 112.32 C7 of the Municipal Code, and based upon these findings, the requested zone change is deemed inconsistent with the General Plan and does not meet with the public necessity, convenience, general welfare and good zoning practice. Properties along the north side of 260 th Street and the east side of Frampton Avenue from northerly of 260 th Street are zoned for MR1 zone industrial uses. Southerly of 260 th Street properties are zoned for multiple unit residential use. The passage of this proposed zone change would introduce residential uses into this industrial area and would be counter to the specific language of the Community Plan which seeks to preserve these industrial zones. Though the requested CM zone is included within the range of zones for the Limited Industrial land use category (CM, M1 and MR1), it is inconsistent with the Plan due to the language of the Plan Text and with the Plan s Land Use Map and Footnote No. 12 which states that areas of the Plan intended for the MR1 and 2 zones are specifically shown on the Land Use Map.
CPC-2009-817-DA P-5 5. Environmental Findings (CEQA). A Mitigated Negative Declaration (ENV-2007-804- MND) was prepared for the proposed project. On the basis of the whole of the record before the lead agency including any comments received, the lead agency finds that, with imposition of the mitigation measures described in the MND, there is no substantial evidence that the proposed project will have a significant effect on the environment. The attached Mitigated Negative Declaration reflects the lead agency s independent judgment and analysis. The records upon which this decision is based are with the Environmental Review Section of the Planning Department in Room 750, 200 North Spring Street. For the reasons set forth in the Proposed Mitigated Negative Declaration (ENV-2007-804-MND), the project will not have a significant effect on the environment. PUBLIC HEARING AND COMMUNICATIONS A public hearing was held on the project on March 9, 2009. Six people attended the hearing including the applicant s representative and a representative of Council Office 15. Two people spoke in opposition to the case. One letter was received in favor of the project. Points in Favor: - The property is currently zoned for industrial use, but it has residential uses on two sides of it. The immediate area around the property is transitioning to residential uses; - The existing use of the site is currently office and a union hall. Future industrial development on the site is highly unlikely; - The subject property is also in close proximity to commercial and retail businesses that support a residential community and are not related to industrial uses; and - I own the property adjacent to this site on the west. We are in support of this project and would like to be considered for the same general plan amendment in order to build residential units on our property. Points in Opposition: I operate my business on the property to the north and operate a heavy equipment yard. The proposed use is incompatible with my existing legal use. Testimony of Representative of Council District 15: While taking no position on the case at this time, we are concerned with the project s compatibility with existing industrial development in the area. We would request that there be walls and tall shrubs to screen the new use from adjacent uses. Recommendation of the Harbor City Neighborhood Council: The Harbor City Neighborhood Council made a recommendation on the project at its meeting of February 25, 2009. After a presentation by the applicant the Neighborhood Council debated the project. One member thought that we need more industry in the area not less. Another believed that it was too early for the Board to vote for project approval and wanted more information on the project. A motion was made to support the project as presented with the
CPC-2009-817-DA P-6 contingency that any Quimby funds from the project be allocated specifically to Harbor City. The motion was seconded and the motion passed with a vote of 8 yes, 0 no s and 3 abstentions.