HomeMy WebLinkAboutMC 15-13_119 E. FoothillMC 15-13
November 24, 2015
Page 1 of 4
DATE: November 24, 2015
TO: Honorable Chairman and Modification Committee
FROM: Lisa Flores, Planning Services Manager
By: Tim Schwehr, Management Analyst
SUBJECT: MODIFICATION NO. MC 15-13 WITH A CATEGORICAL EXEMPTION
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
FOR A ONE-SPACE PARKING MODIFICATION TO ALLOW A DENTAL
OFFICE TO OCCUPY A 1,500 SQUARE-FOOT COMMERCIAL
BUILDING AT THE SHOPPES AT THE HIGHLANDER CENTER AT 119
E. FOOTHILL BLVD.
Recommendation: Conditional Approval
BACKGROUND
The subject property, known as The Shoppes at the Highlander Center, is a 227,495
square foot, lot zoned C-1, Limited Commercial – refer to Attachment No. 1 for an aerial
photo with zoning information and photos of the subject property and surrounding
properties. The subject property is developed with a 53,587 square foot, multi-tenant
commercial building; a detached 1,210 square foot commercial building occupied as a
Pizza Hut; and the subject 1,500 detached commercial building. The subject building is
currently vacant, and was previously occupied as a KFC restaurant that closed in
November of 2011. A 3,800 square-foot McDonald’s and a 5,600 square-foot Bank of
America are located on adjoining but separate properties under separate ownership.
The parking lots of the two adjoining properties connect with the parking lot of the
subject property, however no formal covenant exists, and therefore the parking is
considered separate for code requirement purposes.
The previous KFC restaurant at the subject location required 10 spaces per 1,000
square-feet of gross floor area. However, because over one year has passed since the
closure of this restaurant, the by-right use of this commercial space has reverted back
to general retail with a parking rate of five spaces per 1,000 square feet of gross floor
area. The proposed dental office requires six spaces per 1,000 square feet of gross
floor area, and as such is subject to approval of a parking modification since each
business is treated as a stand-alone use at this shopping center and therefore does not
meet the minimum on-site supply compared to what is required per code.
MC 15-13
November 24, 2015
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There are 247 parking spaces on the subject property, and an existing parking
requirement of 287 spaces based on the current mix of uses; a 40 space deficiency by
code. The 287 space parking requirement includes the subject 1,500 square foot
building calculated at the general retail parking rate of five spaces per 1,000 square feet
of gross floor area.
ANALYSIS
The proposed modification would allow a dental office to occupy the 1,500 square-foot
commercial building previously occupied by a KFC restaurant. The applicant, Dr. David
Tsai, anticipates operating hours of Monday through Friday, 9 a.m. to 5 p.m. The office
will be closed on weekends. A floor plan included with this application shows five exam
rooms, one private office, a reception area and waiting room, a handicap accessible
bathroom, and several miscellaneous areas for x-rays and lab work. The applicant
states that a total of one dentist and two staff members are anticipated to be working at
any one time.
The parking requirement for a dental office is six spaces per 1,000 square feet of gross
floor area, which calculates to a total of nine spaces for this unit; a one space increase
compared to a retail use occupying this space. Approval of the dental office would
increase the overall parking deficiency of the subject property from 40 spaces to 41
spaces; 247 spaces in lieu of 288 required.
Although there is a parking deficiency by code, staff’s observations of the site indicate
that in practice the shopping center parking has adequate parking available at all hours
to accommodate the proposed dental office. An informal parking survey of the shopping
center was prepared by the applicant and conducted in August of this year, and
indicates a maximum of 90 spaces occupied out of the 312 spaces for the shopping
center, including the McDonald’s and Bank of America properties, during normal
weekday business hours, as shown below and in Attachment No. 3. It should be noted
that the Fresh & Easy grocery store at this center closed in May of this year, and
therefore the number of available parking spaces indicated in the parking survey is
higher than when this commercial space was occupied. However, based on past
observations of the site, there was still ample parking even prior to the closing of this
store. Based on this analysis, there appears to be adequate on-site parking to
accommodate the proposed dental office. Approval of this parking modification will
facilitate occupancy of a commercial space that has sat vacant for over four years, and
will secure an appropriate improvement of this lot.
MC 15-13
November 24, 2015
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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;
2. Prevent an unreasonable hardship; or
3. Promote uniformity of development
Approval of the proposed modification will secure an appropriate improvement of this lot
because approval of this parking modification will facilitate occupancy of a commercial
unit that has been vacant for over four years. In practice, the parking demand of the
shopping center is significantly less than the number of parking spaces required by city
code. It is recommended that modification be approved as securing an appropriate
improvement of this lot.
ENVIRONMENTAL ANALYSIS
The proposed project qualifies as a Class 5 Exemption as a minor alteration in land use
limitations from the requirements of the California Environmental Quality Act (CEQA)
under Section 15305 of the CEQA Guidelines.
Subject
Unit
MC 15-13
November 24, 2015
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PUBLIC COMMENTS
Public hearing notices were mailed on November 10, 2015 to the property owners within
100 feet of the subject site. Staff did not receive any comments during the notification
period.
RECOMMENDATION
It is recommended that the Modification Committee conditionally approve Modification
Application No. MC 15-13 and find that the project is exempt per CEQA Section 15305,
subject to the following conditions of approval:
1. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and
its officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents
to attack, set aside, void, or annul any approval or conditional approval of the City
of Arcadia concerning this project and/or land use decision, including but not
limited to any approval or conditional approval of the City Council, Planning
Commission, Modification Committee, or City Staff, which action is brought within
the time period provided for in Government Code Section 66499.37 or other
provision of law applicable to this project or decision. The City shall promptly notify
the applicant of any claim, action, or proceeding concerning the project and/or land
use decision and the City shall cooperate fully in the defense of the matter. The
City reserves the right, at its own option, to choose its own attorney to represent
the City, its officials, officers, employees, and agents in the defense of the matter.
2. Approval of MC 15-13 shall not be of effect unless on or before 30 calendar days
after approval of this project, the property owner/applicant has executed and filed
with the Community Development Administrator or designee an Acceptance Form
available from the Development Services Department to indicate awareness and
acceptance of these conditions of approval.
Attachment No. 1: Aerial Photo with Zoning Information & Photos of Subject Property
Attachment No. 2: Site Plan & Floor Plan
Attachment No. 3: Parking Survey
Attachment No. 1
Attachment No.1
Aerial Photo with Zoning Information and
Photos of Subject Property
Attachment No. 2
Attachment No.2
Site Plan and Floor Plan
Scanned by CamScanner
Attachment No. 3
Attachment No.3
Parking Survey