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HomeMy WebLinkAboutItem 1 - MC_15-09 DATE: May 26, 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 At its regular meeting on May 12, 2015, the Modification Committee held a noticed public hearing on the applicant’s proposal 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 the subject property. The applicant, Mr. Tony Palazzola, requested a continuance of the hearing because the property owner, Dr. Bud Kurwa, was not able to attend the meeting due to schedule conflicts. Therefore, the Modification Committee, by a 3-0 vote, continued the item to its regular meeting on May 26, 2015. A copy of the staff report for the May 12, 2015 meeting is attached for a detailed analysis of the proposal. Attachment: Staff Report Dated May 12, 2015 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 Page 3 of 5 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 Page 4 of 5 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 Page 5 of 5 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