Loading...
02-02-2010 - Ordinance for Adoption - Ordinance Approving Zone Change #09-02• • TO: Andrew G. Pasmant, City Manager and City Council FROM: Susan Rush Assistant City Clerk City of West Covina Memorandum AGENDA ITEM NO. D-3c DATE: February 2, 2010 SUBJECT: ORDINANCE FOR ADOPTION ORDINANCE APPROVING ZONE CHANGE NO.09-02 RECOMMENDATION: It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2 Z D - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.09-02 DISCUSSION: This ordinance was introduced at the City Council meeting of January 19, 2010. The ordinance will change the zoning on two adjacent properties located at 845 and 855 N. Lark Ellen Avenue to "Office -Professional" (O-P). The ordinance will become effective 30 days after its adoption on March 4, 2010. FISCAL IMPACT: There is no fiscal impact with the adoption of an ordinance except for minor costs associated with updating the municipal code books. Prepared Margaret Garcia Approved bJ Susan Rush Deputy City Clerk Assistant City Clerk Attachment: 1. Ordinance 2. January 19, 2010 Staff Report Item #E-1 0 • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.09-02 WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Single -Family Residential" (R-1) to "Office -Professional" (O-P) on those certain properties generally described as follows: Assessor's Parcel Numbers 8434-015-033 and 8434-015-034, in the records of the Los Angeles County Assessor; and WHEREAS, the proposed zone change is consistent with the General Plan Designation of "Offices"; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 13th day of October and loth day of November, 2009, conduct duly noticed public hearings to consider said application; and WHEREAS, the Planning Commission, upon giving the required notice, did on the loth day of November, 2009, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No,. 09-5340 recommending approval to the City Council; and WHEREAS, the City Council did, on the 19th day of January, 2010, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The applicants are proposing to rezone the subject properties from "Single -Family Residential" (R-1) to "Office -Professional" (O-P). 2. Approval of the zone change will establish a consistency between the General Plan designation and zoning designation of the subject properties. 3. Findings necessary for approval of zone change are as follows: a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. b. The proposed change of zone will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area. C. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. d. The approval of such a change of zone will not adversely affect the comprehensive General Plan so adopted by the City. C. The approval of such a zone change is consistent with the General Plan or applicable specific plans. Ordinance No. Zone Change No. 09-02 Page 2 4. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the proposal is considered to be categorically exempt in that the proposed zone change will not have a significant effect on the environment and any future development of the property would be in compliance with CEQA. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The subject properties currently are zoned "Single -Family Residential" (R-1). The applicants are proposing to rezone the properties to "Office -Professional" (O-P). Rezoning the properties will establish a consistency with the current General Plan designation of "Offices". Rezoning the properties will also establish a consistency between the zone designation and the actual land use of the properties. b. The proposed zone change will not adversely affect adjoining property as to value or precedent and will not be detrimental to the surrounding area. Surrounding land uses include apartment buildings to the north and west, an elementary school to the south and offices to the east. The properties to the north and west are zoned "Multiple -Family Residential" (MF-20). The elementary school to the south is zoned "Single -Family Residential" (R-1). The properties to the east are located in the City of Covina and are developed with offices. C. The proposed zone change is compatible with the surrounding area and will not adversely affect the public health, safety or general welfare of the surrounding neighborhood. d. The proposed zone change will not adversely affect the comprehensive General Plan, but rather establish a consistency between the General Plan designation and zoning designation of the subject properties. e. The proposed zone change from "Single -Family Residential" (R-1) to `Office - Professional" (O-P) will establish a consistency with the General Plan designation of "Offices". NOW, THEREFORE, the City Council of the City of West Covina, California, does hereby ordain as follows: SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 09-02 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO.2: Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the proposal is considered to be categorically exempt in that the proposed zone change will not have a significant effect on- the environment and any future development of the property would be in compliance with CEQA. SECTION NO. 3: The Planning Commission does hereby recommend to the City Council that it approval of Zone Change No. 09-02 (Exhibit "A"). APPROVED AND ADOPTED on this 2nd day of February, 2010. ATTEST: City Clerk Laurie Carrico Mayor Shelley Sanderson Ordinance No. Zone Change No. 09-02 Page 3 I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 191h day of January, 2010. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2nd day of February, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk Laurie Carrico APPROVED AS TO FORM: City Attorney Arnold Alvarez-Glasman . lecio� of west Covina Memorandum AGENDA TO: City Manager and City Council ITEM NO. E-1 FROM: Jeff Anderson DATE: January 19, 2010 Acting City Planner SUBJECT: ZONE CHANGE NO.09-02 APPLICANT: City of West Covina and Frank Rizzi for F & C Corporation LOCATION: 845 and 855 N. Lark Ellen Avenue RECOMMENDATION: The Planning Commission and staff recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO.09-02 DISCUSSION: The request is to change the zoning on two adjacent properties to "Office -Professional" (O-P). The property located at 845 N. Lark Ellen Avenue consists of a 2.55-acre lot and is developed with.a 34,082-square foot building. Kindred Hospital; an acute care facility, is currently located at this site. The property located at 855 N. Lark Ellen Avenue consists of a 38,768-square foot lot and is developed with an 11,581-square foot building that currently is used for medical offices. For more detailed information on the zone change request, please refer to the Planning Commission staff reports dated November 10, 2009 (Attachment 4) and October 13, 2009 (Attachment 6). The existing zone designation of both properties is "Single -Family Residential" (R-1), while the General Plan designation is "Offices". It is unclear why the zone designation is not consistent with the General Plan designation. PLANNING COMMISSION REVIEW AND ACTION: Applicant Frank Rizzi's request to change the zoning of the property located at 855 N. Lark Ellen Avenue was originally presented to the Planning Commission on October 13, 2009. At that meeting, staff informed the Commission that the adjacent property located at 845 N. Lark Ellen Avenue also.has a zone designation of "Single -Family Residential and.a General. Plan designation of "Offices". The Commission was advised that it is in the best interest of the City to change the zone designation to be consistent with the General Plan, in accordance with State law. It was also noted that the City has the authority to make zone designation decisions without the consent of the property owner. Additionally, it is in the best interest of the property owner to change the zone designation to be consistent with the actual land use of the property, as the current zoning does not allow the structure to be rebuilt if more than 50 percent is destroyed. After a short discussion, it was the consensus of the Planning Commission to continue the public hearing to November 10, 2009 to allow staff to include the adjacent property at 845 N. Lark Ellen Avenue in the zone change request and notification. Following that meeting, staff noticed the public hearing for both properties and sent letters to the owner of the property and the manager located at the site. At its meeting of November 10, 2009, staff informed the Commission that they I had discussed the proposed zone change with Richard Myers, a representative of Kindred Healthcare, Inc. Mr. Myers requested to review applicable sections of the Municipal Code and asked if Kindred Healthcare ZACase Files\ZONE CHANGE\2009\09-02 855 N. Lark Ellen (formerlyZC 06-03)\CC\Council Staff Report.doc ZC 09-02 845 and 855 N. Lark Ellen Avenue • January 19,.2010 - Page 2 would be required to make any changes on the property as a result of the proposed zone change. Staff provided Mr. Myers with the requested information and informed him that no changes to the property would be necessary due to the zone change. Mr. Myers did not come to the public hearing, nor did he provide any written documents or raise any objections.. At the conclusion of the hearing, the Commission voted 5-0 to approve the request to change the zoning on the properties. located at 845 and 855 N. Lark Ellen Avenue and recommend approval of the zone change request to the City. Council. FISCAL IMPACT: Approval of the project would not have any impact on the City's General Fund. Prep eff Anderson Re ' ed/ proved ri opher J. Chung Acting City Planner C Director Attachments: Attachment 1—Draft Zone Change Ordinance for Approval Attachment 2—Planning Commission Resolution No 09-5340, Zone Change No.09-02 Attachment 3—Planning Commission Minutes dated November 10, 2009 Attachment 4—Planning Commission Staff Report dated November 10, 2009 Attachment 5—Planning Commission Minutes dated October 13, 2009 Attachment 6—Planning Commission Staff Report dated October 13, 2009 Z:\Case Files\ZONE CHANGE\2009\09-02 855 N. Lark Ellen (formerly ZC 06-03)\CCiCouncil Staff Report.doc ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CA.LIFORNIA, APPROVING ZONE CHANGE NO.09-02 WHEREAS, there was filed with this Commission a verified application on the forms prescribed in Section 26-153 and 26-199 of the West Covina Municipal Code, for the reclassification from: "Single -Family Residential" (R.-1) to "Office -Professional" (O-P) on those certain properties generally described as follows: Assessor's Parcel Numbers 8434-015-033 and 8434-015-034, in the records of the Los Angeles County Assessor; and WHEREAS, the proposed zone change is consistent with the General Plan Designation of "Offices"; and WHEREAS, the Planning Commission, upon giving the required notice, did on the 13th day of October and 10th day of November, 2009, conduct duly noticed public hearings to consider said application; and WHEREAS, the Planning. Commission, upon giving the required notice, did on the loth day of November, 2009, conduct a duly noticed public hearing to consider the subject application for a Zone Change, at which time the Planning Commission adopted Resolution No. 09-5340 recommending approval to the City Council; and WHEREAS, the City Council did, on the 19"' day of January, 2010, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Department, and other interested parties. WHEREAS, studies and investigations made by the City Council and in its behalf reveal the following facts: 1. The applicants are proposing to rezone the subject properties from "Single -Family Residential" (R-1) to "Office -Professional" (O-P). 2. Approval of the zone change will establish a consistency between the General Plan designation and zoning designation of the subject properties. 3. Findings necessary for approval of zone change are as follows: a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. b. The proposed change. of zone will not adversely affect adjoining property as to value or precedent and will not .be detrimental to the area. C. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. d. The approval of such a. change of zone will not adversely affect the comprehensive General Plan so adopted by the City. C. The approval of such. a zone change is consistent with the General Plan or applicable specific plans. ZACase Files\ZONE CHANGE\2009\09-02 855 N. Lark Ellen (formerly ZC 06-03)\CC\Council ZC Ord.doc Ordinance No. • Zone Change No. 09-02 January 19, 2010 - Page 2 _. 4. Pursuant to Section 15061(b)(3) of the Califorria Environmental Quality. Act (CEQA), the proposal is considered to be categorically exempt in that the proposed zone change will not have a significant effect on the environment and any future development of the property would be in compliance with CEQA. WHEREAS, based on the evidence, both oral and documentary, the City Council finds as follows: a. The subject properties currently are zoned "Single -Family Residential" (R-1). The applicants are proposing . to rezone the properties to "Office -Professional" (O-P). Rezoning the properties will establish a consistency with the current General Plan designation of "Offices". Rezoning the properties will also establish a consistency between the zone designation and the actual land use of the properties. b. The proposed zone change will not adversely affect adjoining property as to value or precedent and will not be detrimental to the surrounding area. Surrounding land uses include apartment buildings to the north and west, an elementary school to the south and offices to -the east. The properties to the north and west are zoned "Multiple -Family Residential" (W-20). The elementary school to the south is zoned "Single -Family Residential" (R-1). The properties to the east are located in the City of Covina and are developed with offices. C. The proposed zone change .is compatible with the. surrounding area and will not adversely affect the public health., safety or general welfare of the surrounding neighborhood. d. The proposed zone change will not adversely affect the comprehensive General. Plan, but rather establish a consistency between the General Plan designation and zoning designation of the subject properties. e. The proposed zone change from "Single -Family Residential (R-1) to 'Office - Professional" (0-P) will establish a consistency with the General Plan designation of "Offices" NOW, THEREFORE, the City Council of the' -City of West Covina, California, does hereby ordain as follows: SECTION NO.. l: Based on the evidence presented, and the findings set forth, the above Zone Change No. 09-02 is hereby found to be consistent with the City's General Plan and the land uses permitted within said zone classification. SECTION NO.2: Pursuant to Section 15061(b)(3) of the California Environmental Quality: Act (CEQA), the proposal is considered to be categorically exempt in that the proposed zone change will not have a significant effect on the environment and any future development of the property would be in compliance with CEQA. SECTION NO. 3: The Planning Commission does hereby recommend to the City Council that -it approval of Zone Change No. 09-02 (Exhibit "A"). ZACase Files\ZONE CHANGE\2009\09-02.855 N. Lark Ellen (formerly.ZC 06-03)\CC\Counci1 ZC Ord.doc Ordinance No. Zone Change No. 09-02 January 19, 2010 Page 3 PASSED AND APPROVED on this 19"' day of January 2010. ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF WEST COVINA ) I, Laurie Carrico, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first. reading at a regular meeting of the City Council on the 19"' day of January 2010. That, thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 911111 AYES: NOES: ABSENT: ABSTAIN: DATE: January 19, 2010 City Clerk APPROVED AS TO FORM: City Attorney ZACase Files\ZONE CHANGE\2009\09-02 855 N. Lark Ellen (formerly ZC 06-03)\CC\Council ZC Ord.doc W-San-Bernardinu'Rd is ' 7 fir. a t i' tU - F i 8551? _ Ip 3 t 7 A ir ;r r• } I f F 1 t 7 } r t a- x 7 3 ! W-Badillo E-Badil�o G 127E = 1270 1260 Indicates area proposed to be rezoned from "Single -Family Residential" (R-1) to "Office -Professional" (O-P) ATTACHMENT 2 PLANNING COMMISSION RESOLUTION NO.09-5340 A RESOLUTION OF THE PLANNING COMMISSION . OF THE CITY OF NVEST COVINA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE NO.09-0.2 , ZONE CHANGE NO. 09-02 CATEGORICAL EXEMPTION APPLICANT: City of West Covina and Frank Rizzi for F & C Corporation LOCATION: 845 and 855 N. Lark Ellen Avenue WHEREAS, there was filed with this .Conunission a verified application on the forms prescribed in Section 26-153 and 26-1.99 of the West Covina Municipal Code, a proposal for a zone change from "Single -Family Residential" (R-1) to "Office - Professional" (O-P) on those certain properties generally described as follows: Assessor Parcel Nos. 8434-015-033 and 8434-015-034, as shown on the latest roll of the Los Angeles County Tax Assessor; and WHEREAS, the proposed zone. change is consistent with the General Plan Designation of "Offices"; and WHEREAS, the proposed zone change establishes. consistency between the General Plan and Zoning Map; and WHEREAS, said zone change application is requested to allow for the rezoning of the above properties ' for the purpose of allowing future modifications to an existing hospital and an existing commercial building located on the. subject properties; and WHEREAS, the Planning. Conirnission, upon giving the required notice, did on the .13"' day of October and 10`t' day of November, 2009, conduct. duly noticed public hearings to consider said application; and WHEREAS, studies and investigations made by .the Planning Commission and in its behalf reveal the following facts: 1. The applicants are. proposing to rezone the subject properties developed with a 34,082-square foot hospital at 845 N. Lark Ellen Avenue and an 11,581-square foot office building at 855 N.. Lark Ellen Avenue from "Single -Family Residential" (R-1) to "Office -Professional". 2.: The proposed zone change establishes consistency between the General Plan and Zoning Map. 3. Approval of the zone change will allow for future modifications to an existing hospital and all existing conunercial building located on the subject properties. 4. Findings necessary for. approval of a zone change areas follows:. a. There are changed conditions since the existing zoning became effective to warrant other or additional zoning. Z:aesosL009\09-5340 ZC 09-02 845 and 855 N. Lark Ellen Ave-doc Planning Commission Resolutio&. 09-5340 ' Zone Change No. 09-02 (845 and 855.N. Lark Ellen Avenue) November 10, 2009 - Page 2 b. The proposed change of zone will not adversely affect adjoining property as to. value or precedent and will not. be detrimental to the area. C. A change of zone will be in the interest or furtherance of the public health, safety, and general welfare. d. The approval of such a change of zone will not adversely affect the comprehensive General Plan so adopted by the City. C. The approval of such a.zone change is consistent with the General Plan or applicable specific plans. 5. The project is a General Exemption (Section 15061 (b) (3)) from the California Environmental Quality Act of 1970 (CEQA) in that the proposed zone change will not have a significant effect on the environment and any future development of the properties would be in compliance with CEQA. WHEREAS, based on the evidence, both oral and documentary, the Planning Commission finds as follows: a. The applicants are requesting a zone change for the subject properties fiom "Single -Fan -illy Residential" (R-1) to "Office -Professional" (O-P) to establish consistency between the General Plan and Zoning Map and to allow for future modifications to an existing hospital and art existing commercial building located on the subject properties. b. The proposed zone change will not adversely affect adjoining properly value and will not. be detrimental to the area. because the modification will establish consistency between the General Plan and Zoning Map and allow for future improvements to the existing hospital and the existing commercial building located on the subject properties. C. The proposed zone change is compatible with the surrounding area and.will not adversely affect the public health, safety or general welfare of the surrouunding neighborhood, as the properties are currently approved with a hospital and parking facilities at 845 N. Lark Ellen Avenue and an office. building and parking facilities and 855 N. Lark Ellen Avenue. d. The proposed zone change will not adversely affect the General Plan as consistency between the General Plan and the Zoning Map will be established, since the approval of this zone change is consistent with the General Plan designation of "Offices e. The approval of such a zone change is consistent with the General Plan, as the General Plan land.use designation for both sites is "Offices". NOW, THEREFORE, the Planning Commission of the City of West Covina, California, does resolve as follows: SECTION NO. 1: Based on the evidence presented, and the findings set forth, the above Zone Change No. 09-02 is hereby found to be consistent with the City's. General Plan and the land uses permitted within said zone classification. SECTION NO. 2: The project is a General Exemption (Section 15061 (b) (3)) from the California Environmental Quality Act of 1970 (CEQA) in that the proposed zone change will not have a significant effect on the environment and any future development of the properties would be in compliance with CEQA. Z:\Reso0009\09-5340—W 09-02 845 and 855 N. Lark Ellen Ave-doc • Planning Commission Resolution o. 09-5340 - Zone Change No. 09-02 (845 and 855 N. Lark Ellen Avenue) November 10, 2009 - Page 3 SECTION NO. 3: The Planning Commission does hereby recommend to the City Council that it approve Zone Change No. 09-02 (Exhibit "A"). I HEREBY .CERTIFY, that the foregoing Resolution was adopted by the Planning Commission of the City of West .Covina, at a regular meeting held on the 10t' day of November 13, 2009, by the following vote: AYES: Redholtz, Sotelo, Stewart Carrico, Sykes NOES: None ABSENT: None ABSTAIN: None DATE: November 10, 2009 Dave .Stewart, Chairman Planning Commission Jeff derson, AICP, Secretary Planiung Commission Z:\ResosL009\09-5340 ZC 09-02 845 and 855 N, Lark Ellen Ave-doc J - i 0 ,.- 1 Z 3 Y r , s35 x , 845 i 1<?1 a' i I W-Badillo- t E-Badi In --------------- i . m b :Rt Vi 1�76 1�'0 1280_: 1 Indicates area proposed to be rezoned from "Single -Family Residential" (R-1) to "Office -Professional" (O-P) .• • Planning.Commission Minutes Page 2 November 10, 2009 HEARING PROCEDURE: ATTACHMENT 3 You are encouraged by this Commission to express your views on any matter set for public hearing. It is our. procedure to first receive the report of the Planning staff, then to ask for public testimony; first from those in favor of the matter, followed by testimony from those in opposition to it, and, if there be opposition, to allow those in favor, rebuttal testimony only as to the points brought up in opposition. To testify on a matter, you need to simply come forward to the lectern at the appropriate time, give your name and address and make your statement. In addition, please sign in on the sheet provided at the podium so it will facilitate preparation of our minutes. Do not be concerned with your possible lack of experience in public hearings. We are interested in what you say, not your level of expertise as a public speaker. After a hearing has been closed, you may not further speak on the matter unless requested to do so by a member of the Commission. C. CONTINUED PUBLIC HEARINGS ZONE CHANGE NO. 09-02 CATEGORICAL EXEMPTION APPLICANT: Frank Rizzi, F & C Corporation LOCATION: 845 and 855 North Lark Ellen Avenue REQUEST: The applicants . are requesting a zone change for the subject properties from "Single -Family Residential" (R-1) to "Office - Professional" (O-P). The public hearing was continued from October 13, 2009. Chairman Stewart opened the public haring. Planning Assistant Amy Davis presented the staff report. During her presentation, Ms. Davis told the Commission that staff had discussed the zone change with a representative for the hospital. Commissioner Redholtz asked if the owners of the hospital were supportive of the zone change. Ms. Davis said they were but were not interested in initiating a zone change application. PROPONENTS: No one spoke in favor of the application. OPPONENTS: No one spoke in opposition to the application. Motion by Carrico, seconded by`.Sotelo, to adopt findings as recommended by staff: Motion carried 5-0: Motion by Carrico, seconded by Redholtz, to waive further reading of the body of the resolution and adopt Resolution No. 09-5340, recommending to the City Council approval of Zone Change No. 09-02. Motion carried 5-0. Chairman Stewart stated that final action on this matter would be considered by the City Council at a public hearing tentatively scheduled for December 15, 2009. (2) CODE AMENDMENT NO. 08-01 GENERAL EXEMPTION APPLICANT: City of West Covina LOCATION: Citywide REQUEST: The proposed code amendment consists of certain amendments to Nonresidential standards to establish existing policies as code requirements and to clarify code language. The public hearing was continued from:September 22, 2009. ZAPLANCOMNINUTES\2009 MINUTES\1 1. 10.09 minutes.doc ATTACHMENT 4 AGENDA ITEM NO: C-1 DATE: November 10, 2009 PLANNING DEPARTMENT STAFF REPORT ZONE CHANGE NO. 09-02. CATEGORICAL EXEMPTION APPLICANT: City of West Covina and Frank Rizzi for F & C Corporation LOCATION: 845 and 855 N. Lark Ellen Avenue I, DESCRIPTION OF APPLICATION The applicants are requesting a zone change for the subject properties from "Single -Family Residential" (R-1) to "Office -Professional" (0-P). The public hearing was continued from the October 13, 2009 meeting. IL STAFF RECOMMENDATION Staff recommends that the Planning Commission adopta .resolution_ recommending to the City Council approval of Zone Change No. 09-02. III. ENVIRONMENTAL DETERMINATION The project is a General Exemption (Section 15061 (b) (3)) from the California Environmental Quality Act of 1970 (CEQA) in that the proposed zone change will not have a significant effect on the environment and any future development of the properties would be in compliance with CEQA. IV. HISTORY The property located at 845 N. 'Lark Ellen Avenue consists of a 2.55-acre lot. A 34,082-square foot commercial building was constructed on the property in 1955. Kindred Hospital, an acute care facility, is currently located at this site. The adjacent property located at 855 N. Lark Ellen Avenue consists of a 38,768- square foot lot. A one-story, 11,581-square 'foot commercial building was. constructed on the property in 1960 and currently is used for medical offices. V. SUMMARY OF DATA Existing zone designation: "Single -Family Residential" (R-1) Proposed zone designation: "Office -Professional" (O-P) Existing General Plan designation: "Offices" Surrounding Zoning and Land Use: North "Multiple -Family Residential" (MF-20); apartment complex South "Single -Family Residential" (R-1); elementary school East City of Covina; .offices . West "Multiple -Family Residential" (MF-20); apartment complex ZACase Files\ZONE CHANGE\2009\09-02 855 N. Lark Ellen (formerly ZC 06-03)\Staff Report —November 10, 2009.doc Zone Change No. 09-02 845 and 855 N. Lark Ellen Avenue November 10, 2009— Page 2 Notices of Public Hearing have been mailed to 453 owners and occupants of property within 300 feet of the project site. VI. PROJECT DESCRIPTION AND ANALYSIS The property located at 845 N. Lark Ellen Avenue is currently developed with a hospital, while the adjacent property located at 855 ,N. Lark Ellen Avenue is currently developed with an offiee building. The existing zone designation of both properties is "Single -Family Residential" (R-1), while the General Plan designation is "Offices". It is unclear why the zone designation is not consistent with the General Plan designation. Applicant Frank Rizzi originally submitted a zone change application for the property located at 855 N. Lark Ellen Avenue in July 2006. However, this application was not processed (and was later withdrawn). . The applicant submitted. the current zone change application for the subject property in August 2009, in conjunction with a Planning Director's modification application for a new standing seam metal roof for the commercial building. Staff approved Planning Director's Modification No..09-30 on October 21, 2009. Mr. Rizzi's request to change the zoning of the property located at 855 N. Lark Ellen Avenue was originally presented to the Planning Commission on October 13, 2009. At that time, staff informed the Commission that the adjacent property. located at 845 N. Lark Ellen Avenue also has a zone designation of "Single - Family Residential" and a General Plan designation of "Offices". The Commission was informed .that Mr. Rizzi provided information to the adjacent property owner regarding the ability to be included in the subject request for a zone change. Staff has also had contact with representatives of the property owner of Kindred Hospital. During those conversations, no concern was expressed regarding the possible zone change. The City has the authority to snake zoning designation decisions without the consent of the property owner. A representative from the City Attorney's office will be at the meeting to answer any questions about the City's legal responsibilities. It is in the best interest of the City to change the zoning designation to be consistent with the .General Plan, as State law requires that zoning be consistent with the General Plan. Additionally, a zone designation of "Office -Professional" would be consistent with the actual land use of the property, as the current zoning on the property does not allow the structure to be rebuilt if more than 50 percent is destroyed .due to fire, earthquake or other traumatic event. The proposed zone change is therefore also in the best.interest of the property owner. On October 13, 2009, the Planning Commission continued the public hearing to allow staff to include the adjacent property at 845 N. Lark Ellen Avenue. Since that meeting, staff has noticed the public hearing for both properties. Staff also sent letters to the owner of the property and to the manager located at the site. In response to this letter, Richard Myers of Kindred Healthcare, Inc. requested to review the sections of the Municipal Code that pertain to the "Single -Family Residential" (R-1) and,"Office-Professional" (O-P) zones and asked if Kindred Healthcare would be required to make any changes to the property as a result of the proposed zone change. Staff provided Mr. Myers with the requested information and informed him that no changes to the property would be necessary due to the zone change. Z:\Case File§\ZONE CHANGE\2009\09-02 855 N. Lark Ellen (formerly ZC 06-03)\Staff Report —November 10, 2009.doc Zone Change No. 09-02 i 845 and 855 N. Lark Ellen.Avenue November 10, 2009—.Page 3 VII. STAFF RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending to the City Council approval of Zone Change N . 09-02. Amy Davis Planning Assistant REVIEWED AND APPROVED: Jeff lfrs n;AICP Actiy Planner Attachments: Attachment 1 - Zone Change Resolution Attachment 2 — Planning Commission staff report, October 13, 2009 Attachment 3 — Letter to property owner of 845 N. Lark Ellen -Avenue, October 15, 2009 ZACase Files\ZONE CHANGE\2009\09-02 855 N. Lark Ellen (formerly ZC 06-03)\Staff Report _November 10, 2009.doc Planning Conunission Minutes Page 2 — October 13, 2009 ATTACHMENT 5 Chairman Stewart requested that the applicants clean and maintain the property. Motion by Redholtz, seconded by Sotelo, to approve the items listed. Motion carried 5-0. HEARING PROCEDURE: You are encouraged by this Commission to express your views on any matter set for public hearing. It is our procedure to first receive the report of the Planning staff, then to ask for public testimony; first from those in favor of the matter, followed by testimony from those in opposition to it, and, if there be opposition, to allow those in favor, rebuttal, testimony only as to the points brought up in opposition. To testify on a matter, you need to simply come forward to the lectern at the appropriate time, give your name and address and make your statement. In addition, please sign in on the sheet provided at the podium so it will facilitate preparation of our minutes. Do not be concerned with your possible lack of experience in public hearings. We are interested in what you say, not your level of expertise as a public speaker. After a hearing has been closed, you may not further speak on the matter unless requested to do so by a member of the Comnssion. C. PUBLIC HEARING (1) ZONE CHANGE NO. 09-02 CATEGORICAL EXEMPTION APPLICANT: Frank Rizzi, F & C Corporation LOCATION: 855 North Lark Ellen Avenue REQUEST: The applicant is requesting a zone change for the subject property from "Single -Family Residential" (R-1) to "Office -Professional" (O-P). Chairman Stewart opened the public hearing. Planning Assistant Amy Davis presented the staff report. Ms.. Davis Iexplained to the Commission that the property, and the adjacent hospital property were `zoned R-1, Single Family Residential, and the General Plan designation was O-P, Office Professional. She told the Commission that staff was recommending the continuation of this matter to allow them sufficient time to .provide public notification for the re -zoning of the adjacent hospital property. Frank Rizzi, applicant, told the Commission that he was requesting the zone change to be able to make.minor modifications to his building. However, he said he was agreeable to the continuation of this matter. There was a discussion by the Commission regarding the adjacent property. Staff informed the Commission that they had been in contact with the property owner and they had indicated that they were not opposed to. the zone change. However, they do not appear to desire to initiate an application for a zone change. After a short discussion, it was the consensus of the Commission to continue this matter to November 10, 2009 as recommended by staff. Motion by Carrico, seconded by Sykes, to continue tlus item to November 10, 2009 Motion carried 5-0. D. NON HEARING ITEMS (1) TWO-YEAR REVIEW .OF CONDITIONAL USE PERMIT ALCOHOL, LIVE ENTERTAINMENT. AND DANCING) APPLICANT: Crazy Horse Restaurant LOCATION: 1360 West Garvey Avenue South NO. 06-05 (ON -SALE ZAPLANCOM\MINUTES\2009 MINUTES\ 10. 13.09 minutes.doc ATTACHMENT C AGENDA ITEM NO. C-1 DATE: October 13, 2009 PLANNING DEPARTMENT STAFF REPORT ZONE CHANGE NO.09-02 CATEGORICAL EXEMPTION APPLICANT: Frank Rizzi for F & C Corporation LOCATION: 855 N. Lark Ellen Avenue 1. DESCRIPTION OF APPLICATION The applicant is requesting a zone change for the subject property from "Single - Family Residential" (R-1) to "Office -Professional". (O-P). II. STAFF RECOMMENDATION Staff recommends that the Planning Commission . adopt a resolution recommending to the City Council approval of Zone Change No. 09-02. III. ENVIRONMENTAL DETERMINATION The project is a General Exemption (Section 15061 (b) (3)) from the California Environmental Quality Act of 1970 (CEQA) in that the proposed zone change will not have a significant effect on the environment and any future development of the property would be in compliance .with CEQA. IV. HISTORY The subject property consists of a 38,768-square foot lot. A one-story, 11,581- square foot. commercial building was constructed on the property. in 1960 and currently is used for medical offices. V. SUMMARY OF DATA Existing zone designation: "Single -Family Residential" (R-1) Proposed zone designation: "Office -Professional" (O-P) Existing General Plan designation: "Offices" Surrounding Zoning and Land Use: North "Multiple -Family Residential" (MF-20); apartment complex South "Single -Family Residential" (R-1); hospital East City of Covina West "Multiple -Family Residential" (MF-20); apartment complex. Notices of Public Hearing have been mailed to 453 owners and occupants of property within 300 feet of the project site. Z:\Case Files\ZONE CHANGE\2009\09-02 855 N. Lark Ellen (formerly ZC 06-03)\StaffReport.doe Zone Change No. 09-02 855 N. Lark Ellen Avenue . October 13, 2009— Page 2 VI. PROJECT DESCRIPTION AND ANALYSIS The property is currently developed with an office building. The existing zone. designation of the subject property is "Single -Family Residential" (R-1), while the General Plan designation is "Offices". It is unclear why the zone designation is not consistent with the General Plan designation. The applicant originally submitted a zone change application for the subject property in July 2006. However, this application was .not. processed (and was later withdrawn). The applicant submitted the current zone change application for the subject property in August 2009, in conjunction with a Planning Director's modification application for a new standing seam metal roof for the commercial building. Staff is currently processing that Planning Director's modification. Staff also requested that the applicant verify with the owner of 845 N. Lark Ellen Avenue (the property located to the south of the subject property) whether they would like. that properly to be included with the subject application for a zone change, as this property also has a zone designation of "Single -Family Residential" and a General Plan designation of "Offices". Kindred Hospital, an acute care facility, is currently located at this site. The applicant had provided information to the Kindred Hospital property owner regarding the ability to be included in the request . for a zone change. To date, staff has not received any request or information from the adjacent property owner regarding this matter. It should be noted that the City has the authority to make zoning designation decisions without the consent of the property owner. In this case, it is in the best interest. of the City and the property owner to change the designation to be consistent with the General Plan and the land use. Staff believes that the proposed zone change from "Single -Family Residential to "Office -Professional" will . be beneficial in that it would make the zone designation of the subject property consistent with the General Plan designation. State law requires that zoning be consistent with the General Plan. Additionally, a zone designation of "Office -Professional" would be consistent with the actual land use of the property. The. current zoning on the property does not allow the structure to be rebuilt if more than 50 percent is destroyed due to fire, earthquake or other traumatic event. Therefore, it is in the best interest of the City and the property owner to proceed with the zone change. Staff is therefore supportive of the applicant's request to change the zoning at 855 N. Lark Ellen Avenue. However, as it is in the City's best interest to change the zoning at both 855 and 845. N. Lark Ellen Avenue to comply with State requirements for consistency between zoning and the General Plan, staff is recommending that the item be continued to November 10, 2009. That continuance would. allow staff to mail a letter to the property owner at 845 N. Lark Ellen informing them of the City's plan to change the zoning designation on their property on November 10, 2009. This would allow the property owner to state their objection prior to any action by the Planning Commission. Alternatives The Planning Commission therefore has the following alternatives. 1. Continue the public hearing to November 10, 2009 and direct staff to write a letter to the property owner of 845 N. Lark Ellen Aveniue . to. let them. know of the City's intent to consider changing the zoning designation. In addition, direct staff to notice the public hearing on November 10, 2009 to include the property at 845 N. Lark Ellen Avenue. Z:\Case Files\ZONE CHANGE\2009\09-02 855 N. Lark Ellen (formerly ZC 06-03)\Staff Report.doc Zone Change No. 09-02 • • ! 855 N. Lark Ellen Avenue • . October 13, 2009= Page 3 2. Adopt the attached resolution recommending approval of the zone change at 855 N. Lake Ellen Avenue to the City Council. 3. Deny the request, by continuing the public hearing and requesting staff to prepare a denial resolution. VII. STAFF RECOMMENDATION Staff recommends that. the Planning Commission continue the public hearing to November 10, 2009 and direct staff to write a letter to the property owner of 845 N. Lark Ellen Avenue and notice the public hearing to include that address. y Davis Planning Assistan REVIEWED AND APPROVED: Jeff er on, AICP Act n City Planner Attachments: Attachment 1 — Zone Change Resolution Z:\Case Files\ZONE CHANGE\2009\09-02 85514. Lark Ellen (formerly ZC 06-03)\Staff Report.doc