HomeMy WebLinkAboutItem 2 - MC 15-09
DATE: May 12, 2015
TO: Honorable Chairman and Modification Committee
FROM: Lisa L. Flores, Planning Services Manager
By: Thomas Li, Associate Planner
SUBJECT: MODIFICATION NO. MC 15-09 WITH A CATEGORICAL EXEMPTION
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR A PARKING MODIFICATION TO MAINTAIN 26 ON-SITE PARKING
SPACES AND ONE (1) LOADING ZONE IN LIEU OF 39 ON-SITE
PARKING SPACES REQUIRED FOR THE CONVERSION OF A 6,559
SQUARE-FOOT GENERAL OFFICE AND MEDICAL OFFICE BUILDING
INTO A MEDICAL OFFICE BUILDING AT 7 WEST FOOTHILL
BOULEVARD
Recommendation: Denial
BACKGROUND
The subject lot is a 13,465 square foot interior lot, zoned General Commercial, C-2, and
is currently developed with a 6,559 square foot commercial office building that was built
in 2009 with 26 on-site parking spaces and one loading zone – refer to Attachment No.
1 for an Aerial Photo with Zoning Information & Photos of Subject Property and Vicinity.
The Modification Committee previously reviewed three parking modifications (MC 07-
37, MC 08-26, and MC 12-08) for the subject property. In 2007, during construction, the
first parking modification (MC 07-37) was filed to convert the building from general
commercial office use to medical office use and to only maintain 26 on-site parking
spaces instead of 39 parking spaces. This request was denied by the Modification
Committee on the basis that the building was not designed for medical uses; the
applicant purchased the property knowing that it was approved for a general office
building, and the Committee did not see any justifications to allow a parking
modification.
In 2008, the property owner, Dr. Kurwa, filed a second parking modification (MC 08-26),
but to convert only 3,995 square feet of the 6,559 square foot office building into
medical use for his own practice, which was ophthalmology/optometry and maintain 26
parking spaces instead of 34 spaces required for the combined uses. This request was
approved by the Committee since ophthalmology and optometrist would generate less
MC 15-09 – 7 West Foothill Blvd.
May 12, 2015
Page 2 of 5
traffic than other types of medical uses. But, a condition was placed on the project that
the uses shall be restricted to ophthalmology and optometry, and the remaining space
shall be reserved for general office use.
In 2012, Dr. Kurwa, applied for a third parking modification, but this time to convert the
remaining office space (i.e. 2,564 square feet) to medical office use since the space had
been vacant since 2009 and their goal was to rent that space to a business similar to
Dr. Kurwa’s practice, that is, a medical specialist that typically operates on an
appointment only basis. The Committee was concerned with the parking deficiency
especially if Dr. Kurwa relocates his practice to a different location, the new physician
may have a higher demand, thus creating a parking problem. The Committee also felt
that if the unit was limited to a specialized medical use, there should not be a parking
shortage at the subject site and this approval may be used as a “test case” to determine
if limiting the use to a specialized medical practice would effectively reduce any
potential parking impacts. Given the slow economy, the Committee approved the
parking modification, on a 2-1 vote, that the remaining space shall be limited to a
specialized medical use with a Doctor of Medicine (M.D.) practitioner and the approval
would expire one year from the approval if they did not find a tenant. The property
owner was unable to find a tenant within that time period, and filed for an extension
request. On June 11, 2013, the Modification Committee voted 2-1 to approve the
extension request, but because the Code requires a unanimous vote to grant an
extension request, the request was denied.
ANALYSIS
The applicant, Dr. Kurwa, is currently requesting for the same parking modification that
was approved in 2012 since he has not been able to rent the space since 2009. The
request is to convert the remaining 2,654 square feet of general office space to
accommodate a medical specialist who sees patients by appointment only, as shown
below and in Attachment No. 2. Dr. Kurwa is also requesting the approval to be effective
for a period of three years instead of one year to allow him sufficient time to find a
tenant – refer to Attachment No. 3.
Unit B - Vacant 2,654
sf office on the
second floor and
balcony area.
MC 15-09 – 7 West Foothill Blvd.
May 12, 2015
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The applicant has also provided two documents to justify the subject parking
modification request, and they are included with this staff report as Attachment Nos. 4
and 5: Parking Survey, and Modified Parking Analysis. According to the applicant, the
rationale for the modification is there is no parking shortage onsite; there is adequate
street parking in the surrounding areas; approval would allow for consistency of use;
and there will be no impacts on residents.
Under Arcadia Municipal Code Section 9269.5, medical uses are required to provide six
(6) spaces per every 1,000 square feet of gross floor area. Therefore, 39 on-site
parking spaces would be required for medical uses to occupy the entire building. With
26 parking spaces and one loading space, this is an increase of the parking deficiency
per Code by six additional spaces, in addition to the deficiency of seven spaces as
allowed by MC 08-26.
The applicant’s Parking Survey (Attachment No. 4) shows a count of the available
parking spaces during different times of the week. The least number of available
parking spaces was on Tuesday, March 24, 2015 when seven spaces were available.
The survey also shows a number of sites in the City where there are parking
deficiencies per Code. Most of the sites shown were built in the 1950s or earlier, and
some of which have been granted parking modifications.
In the Modified Parking Analysis (Attachment No. 5), the applicant provided the parking
requirements of four (4) neighboring jurisdiction: Burbank, Pasadena, South Pasadena,
and Los Angeles County. The information was provided to show that these jurisdictions
have lower medical parking requirements. In addition, the applicant has also provided a
calculation that resulted in a net floor area of 5,104 square feet, to show the actual
usage of the building. The City did amend the parking requirements for medical use in
2011 and reduced the parking requirements for medical/dental uses from 6 parking
spaces to 5 spaces per 1,000 square feet of gross floor area for medical/dental uses of
buildings that are larger than 10,000 square feet of gross floor area since these
buildings devote a relatively larger proportion of square-footage to common spaces;
such as elevators, lobbies, hallways, and restrooms. However, the parking requirement
for medical/dental uses that occupies less than 10,000 square feet of gross floor area
remained the same since they often occupy smaller commercial developments that
were not intended for medical/dental offices, and were not developed with the current
medical/dental parking requirements of 6 spaces per 1,000 gross square feet. In those
cases where there has been a request to convert a single general office or retail space
into a medical/dental space, the projected parking demands of that medical/dental use
often exceed the 6 spaces per 1,000 gross square foot, medical/dental office parking
ratio.
FINDINGS
Section 9292.1.4 of the Arcadia Municipal Code states that the purpose of the
Modification procedures is for the following:
1. Secure an appropriate improvement of a lot;
MC 15-09 – 7 West Foothill Blvd.
May 12, 2015
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2. Prevent an unreasonable hardship; or
3. Promote uniformity of development
If the remaining space is occupied by a medical specialist that typically operates on an
appointment only basis, there may not be a parking shortage or a negative impact upon
the neighboring properties. However, without a specific tenant, it is difficult to determine
how the operation would work with Dr. Kurwa’s office hours, which is three days a week
as a sole practitioner with six employees. A parking modification should be considered
when the applicant has a specific tenant to better assess the parking needs of the
building. The Modification Committee would then be able to consider conditions such
as operating hours for a specific tenant. Furthermore, there is no condition in place to
limit Dr. Kurwa’s hours, only as to the type of medical practice. If Dr. Kurwa decides to
expand his office hours at this location, it would be allowed under the current approval,
and it would impact the overall parking demand for this building. Based on the parking
survey provided by the applicant, there were only seven (7) available parking spaces
out of the total 26 parking spaces during Dr. Kurwa’s busiest time, which proves that
certain medical specialists have a high parking demand and may create a parking
impact. Therefore, the proposal would not secure an appropriate improvement on this
lot.
Engineering Services has also reviewed the proposal, and they are concerned because
the parking study submitted by the applicant indicates that there will be a parking
deficiency if the currently vacant office space is occupied. In addition, there is a lack of
nearby public parking, and the applicant has not obtained a reciprocal parking
agreement with a nearby parking source.
ENVIRONMENTAL ANALYSIS
The proposed project qualifies as a Class 5 Exemption for Minor Alterations in Land
Use Limitations from the requirements of the California Environmental Quality Act
(CEQA) under Section 15305 of the CEQA Guidelines.
PUBLIC COMMENTS
Public hearing notices were mailed on April 30, 2015 to the property owners within 100
feet of the subject site. As of May 6, 2015, no comments have been received on this
proposal.
RECOMMENDATION
It is recommended that the Modification Committee deny Modification Application No.
MC 15-09.
MC 15-09 – 7 West Foothill Blvd.
May 12, 2015
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Attachment No. 1: Aerial Photo with Zoning Information & Photos of Subject Property
and Vicinity
Attachment No. 2: Architectural Plans
Attachment No. 3: Request Details from the Applicant
Attachment No. 4: Parking Survey
Attachment No. 5: Modified Parking Analysis
Attachment No. 1
Aerial Photo with Zoning Information &
Photos of Subject Property and Vicinity
Overlays
Selected parcel highlighted
Parcel location within City of Arcadian/a
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
C-2
Number of Units:
C
Zoning:
Property Characteristics
2009
6,559
2
KURWA ARCADIA LLC
Site Address:
7 W FOOTHILL BLVD
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated06-May-2015
Page 1 of 1
Front view of the subject property at 7 W. Foothill Blvd.
Front view of the adjacent church at 23 W. Foothill Blvd.
Front view of the adjacent gas station at 5 W. Foothill Blvd.
View of the parking area along the westerly property line at 7 W. Foothill Blvd.
View of the parking area along the easterly property line at 7 W. Foothill Blvd.
Attachment No. 2
Architectural Plans
Attachment No. 3
Request Details
Attachment No. 4
Parking Survey
Attachment No. 5
Modified Parking Analysis