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HomeMy WebLinkAboutPC reportCITY OF NATIONAL CITY - PLANNING DEPARTMENT 1 243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 7 June 2, 2014 PUBLIC HEARING — CONDITIONAL USE PERMIT MODIFICATION AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING FOR AN APARTMENT COMPLEX LOCATED AT 2525 HIGHLAND AVENUE. 2014-05 CUP, Z 563-010-50 Martin Reeder, Principal Planner Nationwide Enterprises Joseph Bendah MXC-2 (Major Mixed -Use Corridor) 1.03 acres Multi -family Residential / MXC-2 Single-family Residential / RS-2 and RS-3 Church / MXC-2 Olivewood School across Highland Avenue / Not a project under CEQA (existing facility, no expansion BACKGROUND Previous Information This item was continued off calendar at the meeting of May 5, 2013. At that time the potential buyer was attempting to reach an agreement with the neighboring church regarding a modified version of a previous agreement. However, such an agreement was not able to be made. The applicant wishes to move forward with the application. Site Characteristics The site is located on the east side of Highland Avenue, between 24th and 26th Streets. The 1.03-acre, roughly L-shaped parcel extends from Highland Avenue to I Avenue and is zoned Major Mixed -Use Corridor (MXC-2). The site contains a three-story structure previously approved as a 151-unit senior assisted living facility, with some surface parking and underground parking (totaling 55 spaces), and an adult day care. The site slopes 8 feet within the first 46 feet of the property from Highland Avenue. History A 151-unit, 230 bed, assisted living facility was approved for the site in 1987. In 2002, a parking Variance was approved to allow a portion of the parking garage to be converted to an adult day care and reduce the allowable number of beds to 190. In 2010 the applicant was approved for the conversion of the property to a 151-unit senior independent living facility with a variance for less than required parking (apartments require more parking than an assisted living facility). As part of the 2010 approval, the applicant was required to have a parking agreement with the neighboring church for overflow parking. The agreement has since ceased to be honored by either signing party due to a dispute, which is proving to be a problem for potential buyers trying to acquire the property. The agreement includes language that it cannot be removed without the express written permission of the City. Proposed Use The applicant wishes to modify the Conditional Use Permit to remove an existing condition requiring an agreement for overflow parking on the adjacent church lot. As part of the proposal an existing Adult Day Health Care Center on the project site would be converted back to parking spaces. Although 23 parking spaces would potentially be added back to the site due to closure of the day care center, the removal of the agreement for parking on the adjacent property would result in a shortage of on -site parking as required by the Land Use Code. Therefore, the applicant has also applied for a Zone Variance for less than required parking. Analysis Senior apartments are considered the same as standard apartments with regard to parking. In a normal case, a 151-unit apartment complex would require a minimum of 218 spaces to be provided on site (1.3 spaces per unit plus guest parking). There are only 55, although conversion of the day care center would add 23 more for a total of 78 parking spaces. However, other recent senior apartment complexes have been approved with less parking due to less need for personal vehicles for seniors. This was done through the City's previous CUP process, which allowed for exceptions (similar to a variance) to be processed as part of the CUP application. The city has approved two senior living complexes since 2005. Paradise Village was approved at a ratio of 0.8 parking spaces per unit and Plaza City Apartments was approved at a ratio of 0.65 spaces per unit. In order to be consistent with the lowest required parking ratio (0.65/unit), the subject property would need to provide 98 parking spaces. This equates to a shortage of 20 parking spaces, or 43 if the day care center is not conve- ed. Without additional parking, the ratio would be 0.52 spaces per unit, a full 20% less that Plaza City Apartments. Zone Variances are meant to provide adjustments to avoid practical difficulties and unnecessary hardships with respect to a particular piece of property, which is not enjoying the privileges commonly enjoyed by other properties in the same vicinity and zone. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site, or because of the location of existing structures on the site, or from setbacks or building lines, or from geographic, topographic, or other physical conditions on the site or in the immediate vicinity. In this case, the location of the existing residential building and parking lot due to the shape of the lot and topographic constraints make it impractical to provide additional parking. In order to approve a Zone Variance, the Planning Commission must make three separate findings: 1. Variances from the terms of this title shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this title deprives such property of privileges enjoyed by other property in the vicinity and under the same zoning classification. 2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. 3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. (Re: Finding No. 1) In this case, the steep topography at the west end of the site has limited how the property was initially developed, as has the 1_-shaped configuration of the property — potential development is constrained due to the existing improvements having been designed to fit the odd -shaped lot, although all minimum standards (e.g. width, depth, etc.) are met. As a result, the location of existing buildings on the property makes it impossible to provide another 20 parking spaces (for a total of 98) without removing and rebuilding existing improvements. This is a hardship to the property owner. Other senior apartment complexes under the same land use designation — Major Mixed -Use — including the Plaza City Apartments and Paradise Village have a reduced parking ratio compared to that required by the Land Use Code. it should be noted that Paradise Village and Plaza Senior Apartments are located on lots that are much larger than the subject property (9.62 and 1.65 acres respectively), and are more regular in shape. Therefore, these properties are enjoying privileges that the subject cannot as easily realize. in addition to the constraints discussed above, there has also consistently been an excess or parking available at the site. The applicant has maintained that the parking facility is never full. To bolster this claim, the applicant provided information on the number of licensed vehicles owned by residents, which is 19. Staff has visited the facility on several occasions and noted between 15 and 20 parking spaces empty during the day (during day care operating hours). The applicant has stated that day care staff parks in the parking garage and that there are usually up to 12 staff on site at one time. If the day care center were to be converted back to parking, it would be expected to result in approximately 50 free spaces. A recent site visit conducted after the day care center was closed observed only 25 cars, roughly consistent with the applicant's claims. Under current and expected circumstances, it can be seen that enough parking exists to support the facility. Furthermore, the previous approval was specifically for senior independent living. No change from this use would be possible without further modification of the CUP, which the applicant is not currently requesting. (Re: Finding No. 2) This Zone Variance is also subject to conditions that will assure that the adjustment does not constitute a grant of special privileges. Specifically, conditions require that the property be restricted to senior residential use only and that an annual parking survey be conducted to ensure that adequate parking is provided. in the event that adjacent areas are impacted due to inadequate parking, measures would be taken to remedy any impacts. This would include requiring nearby off -site parking in the amount necessary to bring the property into compliance with other similar uses (0.65 spaces per unit minimum) and/or reducing the number of units in use to offset the parking shortage. (Re: Finding No. 3) The Zone Variance would not permit a use otherwise not allowed by the Land Use Code, as apartments are a permitted use in the MXC-2 zone. Furthermore, restricted senior apartments have been permitted elsewhere in the City with reductions in required parking. Generally, there are not any expected adverse effects that would result from approving this Zone Variance. Other senior residential complexes have received reduced parking, although not at such a reduced ratio (0.52). However, in the event that the facility has a significant change in population (e.g. an increase number of "younger" seniors who are more likely to still drive and own a car), there may be increased parking demand that might not be able to be accommodated onsite, which would potentially impact adjacent properties and/or neighborhoods. In order to offset potential impacts, a condition has been added to require an annual parking review, which may require a reduction in the units occupied and/or offsite parking provided to the satisfaction of the Planning Commission. Summary The subject property has a history of changing uses that have proved challenging due to the limited number of parking spaces built for the original assisted living facility. However, it is apparent that not all parking spaces are used very often, if at all. With the conversion of the adult day care, an additional 23 parking spaces would be provided, which would provide excess spaces should more be needed. If the findings for approval of the Zone Variance can be met, it would be appropriate to remove the previous CUP condition requiring the off -site parking agreement with the church. If the findings cannot be made, the condition should not be removed, although it could be modified to require a specific number of spaces "off -sites nearby, rather than specifically at the church. This would remedy the current disagreement between the subject property owner and the church property. It should be noted that the previous CUP approval was for senior independent living. This use would not change and would also be more restricted to this use (see condition no. 10). Therefore, adding 23 parking spaces would improve the already underutilized parking situation and limiting the use to senior independent living would guard against a change in use that would increase parking demand. RECOMMENDATION 1. Approve 2014-05 CUP, 7 based on the attached findings/findings to be determined by the Planning Commission; or 2_ Deny 2014-05 CUP, Z based on the findings to be determined by the Planning Commission; or 3. Continue the item to a specific date. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Site Photos 5. Public Hearing Notice (Sent to 38 property owners) 6. Planning Commission Resolution 19-2010 14(4Abt/L MARTIN REEDER, ACP Principal Planner BRAD RAULSTON Executive Director RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 2014-05 CUP, Z — 2525 Highland Avenue 1. That because of special physical and other circumstances occurring at the site, including topography, existing buildings and parking structures, the strict application of Land Use Code, Title 18, Chapter 18.45 (Off -Street Parking and Loading) deprives the property owner of the ability to make the best use of the property whiie maintaining the existing property improvements, since the prior use and parking have been sufficient, and since no change of use is proposed but rather 23 more parking spaces will be provided. 2. That the requested Zone Variance is subject to conditions that will assure that the proposed parking variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since 23 additional parking spaces will be provided, since the facility will be restricted to seniors, and since an annual parking review will be conducted to ensure that adequate parking will continue to be provided. 3. That the Zone Variance does not authorize a use or activity that is not otherwise expressly permitted by the zoning regulation governing the parcel of property, since senior apartments are an allowed use in the MXC-2 zone, in which the property is located, and since there has been an abundance of parking available on site for the history of this use and that 23 more parking spaces will be provide through conversion of the adult day care to parking area. RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT MODIFICATION 2014-05 CUP, Z — 2525 Highland Avenue 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since senior apartments are a permitted use and since no additional units are being added. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since senior apartments are consistent with Housing Element goals and are a permitted use within the Major Mixed -Use land use designation, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since repeated site visits have determined that the existing parking facilities are in excess of what is currently in need by residents of the property, and since the existing adult day care will be converted to provide 23 additional parking spaces. 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional units are being added, and since the existing adult day care will be converted to provide 23 additional parking spaces, thus reducing parking demand. 5. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conversion of the adult day care to parking will reduce parking demand. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 1530E '(Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit and Zone Variance. RECOMMENDED CONDITIONS OF APPROVAL 2525 Highland Avenue — 2014-05 CUP, Z General 1. This Conditional Use Permit and Zone Variance authorize the removal of Condition of Approval number 11 of Planning Commission Resolution 19-2010 in association with a senior independent living facility located at 2525 Highland Avenue and the conversion of the existing adult day care to a parking garage. 2. Unless specifically modified, removed or superseded by adoption of these conditions, all Conditions of Approval contained in Planning Commission Resolution 19-2010 are still in effect and apply to the subject property. 3. Before this Conditional Use Permit and Zone Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Zone Variance. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Zone Variance are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 4. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 5. This permit shall become null and vcid if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. 6. Conversion of the use of the property to a permitted use that provides ail necessary parking as required by Chapter 18.45 (Parking and Loading) of the National City Municipal Code shall automatically terminate this Conditional Use Permit and Zone Variance. Building/Fire 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 8. A demolition permit shall be required for removal of any structure or portion thereof associated with conversion of the adult day care center to parking garage. Planning 9. An annual parking review shall be conducted, beginning twelve months from the approval of this Conditional Use Permit modification and Zone Variance, to ensure that there are no parking impacts on neighboring streets or other nearby properties caused by approval of said permits. If any such impacts are observed as a result of these permits, a reduction in the number of units may be required and/or offsite parking provided to the satisfaction of the Planning Commission. 10. Residency of the building(s) at 2525 Highland Avenue shall be restricted to persons over the age of 55 years old only (seniors). The facility shall function as a senior independent living facility only. The facility may be converted back to a senior assisted living facility with appropriate state approvals and permits, and subject to Condition No. 6, 11. No more than 151 individual units may be constructed, created, or resided in without modification of this permit. 12. The existing adult day care shall be converted back to a parking garage and shall provide a minimum of an additional 23 parking spaces. t3. No regular pedestrian access between the parking garage and "I" Avenue shall be permitted. The access door to "I" Avenue from the parking garage shall be converted to an emergency exit subject to the requirements of the Fire Department. 1 1 E. 4tL MXC-1 2400 a 2428 2432 2440 2504 2530 - 1 1 1 1 Olivewood Elementary i CO 2 Subject Parcel: Zone Bausn.dary 2401 co co O co 2416 2437 2440 c0 co - r 2.425 2503 2525 MXC-2 2605 2627 e r RS-2- 2416 2424 2440 2503 R'-3 2504 25317 { i i 2510 2532 T I 2540 2536 0 70 140 !Feet 280 1 1 1 1 r A:P N:. 563-010-50 Planning Commission Location Map 2014-05 CLIP, Z 0.4:.Z .14 Site Photos-2014-05 CUP-2525 Highland Avenue Overhead view Property looking east 40- CAU1GRN1A1 NATION - J CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT MODIFICATION AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING FOR AN APARTMENT COMPLEX LOCATED AT 2525 HIGHLAND AVENUE. CASE FILE NO.: 2014-05 CUP, Z APN: 563-010-50 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, June 2, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Nationwide Enterprises). This item was originally scheduled to be heard at the May 5, 2014 Planning Commission meeting, but was continued off calendar at that time. The applicant wishes to remove an existing condition requiring an agreement for overflow parking on an adjacent lot. As part of the proposal an existing Adult Day Health Care Center on the project site would be converted back to parking spaces. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., June 2, 2014, who can be contacted at 619-336-4310 or planninaCa.nationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior .to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director