TO: FROM: SUBJECT: ALBANY PLANNING & ZONING COMMISSION Anne Hersch, AICP, Planning Manager PA16-082 Parking Adjustment for a change in use at 1300 Solano Ave. DATE: November 9, 2016 Property Owner/ Applicant/Representative: Dr. Scott Levine, Berkeley Dentistry 918 The Alameda Berkeley, CA 94707 PROJECT: Parking Adjustment for Dentist Office at 1300 Solano Ave. FILE: PA16-082 GP LU: SMX-Solano Ave. Mixed Use ZONING: SC Solano Commercial PLANNER: Anne Hersch Original filing: October 24, 2016 Date Deemed Complete: October 27, 2016 Date of Notice Posted/Mailed: October 28, 2016 Date of Public Hearing: November 9, 2016 Total number of days to hearing: 16 days REQUEST The applicant is seeking Parking Adjustment approval for a change in use at 1300 Solano Ave. The subject site is 3,312 sq. ft. with an existing 1,420 sq. ft. commercial space and an attached 1,025 sq. ft. two bedroom apartment. The existing commercial space is proposed to be converted from retail uses to a dentist office. The change in use triggers a parking requirement of 7 spaces. The applicant has applied for an adjustment to reduce the parking requirement pursuant to Section 20.28.040 (B) (5). The business is proposed to be open Monday-Thursday, from 8am-12pm and 1pm-5pm. The office is closed Friday-Sunday. STAFF RECOMMENDATION Staff recommends that the Planning & Zoning Commission review and approve the proposed project subject to the attached findings and Conditions of Approval.
SITE LOCATION Site Location ZONING MAP Site Location Page 2
STREET ELEVATION APN MAP Site Location Page 3
BACKGROUND The subject site is 3,312 sq. ft. with an existing 1,420 sq. ft. commercial space, an attached 1,025 sq. ft. two-bedroom apartment, and a 355 sq. ft. detached single car garage. The property was developed in 1950. City records show that the space has been used as a mortgage office, law offices, esthetician services and retail. ANALYSIS The applicant is proposing combine the interior commercial spaces at 1300 & 1302 Solano Ave. and 901 Key Route into one dental office space that would total 1,420 sq. ft. The building will be repainted, windows replaced, and the interior will be modified to accommodate a dentist use (tenant improvements). Major exterior changes are not proposed. The practice is proposed to be open Monday-Thursday, from 8am-12pm and 1pm-5pm. The offices are closed Friday-Sunday. The practice employs two (2) full-time staff (dentist and office manager) and four (4) part-time staff (three hygienists and receptionist) who work on different days. Parking Image 1. Existing Floor Plan A 1,420 sq. ft. dental office generates a parking requirement of seven (7) off-street parking spaces. The property currently has one space which serves the apartment unit. Pursuant to Section 20.28.040 (B) (5), the Commission may grant an adjustment to the parking requirements for a non-residential use in an existing building based on the following findings: Page 4
20.28.040 Exceptions to Parking Space Requirements. B. Exceptions for Nonresidential Uses. 5. Planning and Zoning Commission Adjustment. The Commission may, through a major use permit process, adjust the parking requirements contained in subsection 20.28.030.B for any nonresidential use in an existing building. In granting an adjustment the Commission shall make the following findings: a. On the basis of a survey of comparable situations, parking demand for the proposed use or uses will be less than the required number of spaces. b. The probable long-term occupancy of the property or structure, based on the project design, will not generate substantial additional parking demand. c. Based on a current survey of parking space availability and usage within a five hundred (500)-foot walking distance of the boundary of the site of the subject building, a reduction of the parking requirement will not have a substantial effect on the parking available for neighboring uses. A parking survey was conducted on Tuesday October 25, 2016 at 2:45 pm. The survey concluded that 41% off on-street parking is available within a 500 ft. radius of the subject site. A second study was conducted in the morning on November 2, 2016. The observed availability is low, as it is typical to find 29% availability of on-street parking. Available Total % Street Spaces Spaces Available Solano 27 61 44% Key Route 66 124 53% Pomona 12 69 17% Masonic 25 62 40% Evelyn 13 30 43% Overall Total 143 346 41% Table 1. Parking Results from 2:45 pm 10/25/16 Survey Page 5
Available Total % Street Spaces Spaces Available Solano 22 61 36% Key Route 36 124 29% Pomona 16 69 23% Masonic 21 62 33% Evelyn 8 30 26% Overall Total 103 346 29% Table 2. Parking Results from 10:00 am 11/2/16 Survey Image 2. Photo showing south side of Solano Ave. in front of the business location The Planning & Zoning Commission typically reviews 1-2 Parking Adjustment requests annually. Most recently, the Commission has approved Parking Adjustments for the following businesses: Mathnasium Tutoring Center at 1007 Solano Ave. (1,500 sq. ft. business) Sweat Fitness at 1501B Solano Ave. (2,500 sq. ft. business) Chinese Cultural Center at 636 San Pablo Ave. (4,876 sq. ft. business) Crepe Suzette Café at 1226 Solano Ave. (750 sq. ft. business) GENERAL PLAN CONSISTENCY The proposed project is consistent with the following Albany 2035 General Plan policies: Page 6
Policy LU-1.3: Business Districts Maintain and enhance San Pablo and Solano Avenues as Albany s principal commercial streets. Encourage a vibrant mix of ground floor retail and service uses that meet the needs of Albany residents, enhance the local tax base, provide job opportunities, and provide a safe, walkable environment. Policy LU-3.3: Solano Avenue Enhance the pattern of tightly clustered retail storefronts, active ground floor uses, and specialty shopping, dining, and personal services along the Solano Avenue corridor. Any future infill development on Solano Avenue should maintain and enhance this pattern. ENVIRONMENTAL REVIEW Staff recommends that the proposed project be considered categorically exempt from the requirements of CEQA per Section 15332, In-Fill Development Projects of the CEQA Guidelines. ATTACHMENTS 1. Analysis of Zoning Requirements 2. Draft Findings for Approval 3. Draft Conditions of Approval 4. Project Application & Plans 5. 500 ft. Radius Map 6. Lundin E-Mail Page 7
ATTACHMENT 1 ANALYSIS OF COMPLIANCE WITH ZONING REQUIREMENTS 20.12 Zoning Districts and Permitted Uses General Plan: SC-Solano Commercial Zoning: SMX-Solano Ave. Mixed Use 20.16 Land Use Classifications Surrounding North - Commercial East Commercial Property Use South - Commercial West Commercial 20.20.080 Secondary Residential Units. 20.24.020 Table of Site Regulations by District. 20.24.030 Overlay District Regulations. Not Applicable. 20.24.050 Floor-Area-Ratio. 20.24.060 Setback Areas, Encroachments. 20.24.100 Distances between Structures. 20.24.110 Fences, Landscaping, Screening. 20.24.130 Accessory Buildings. 20.28 Off-Street Parking Requirement. See Analysis. 20.40 Housing Provisions 20.44 Non-conforming Uses, Structures and Lot 20.48 Removal of Trees Page 8
20.52 Flood Damage Prevention Regulations 20.100.030 Use Permits. 20.100.040 Variances. 20.100.010 Common Permit Procedures. Public notice of this application was mailed on October 28, 2016, in the form of mailed notice, to property owners and occupants within a 300-foot radius, and posted in one location. 20.100.050 Design Review. Page 9
ATTACHMENT 2 FINDINGS Findings for Parking Adjustment (Per section 20.28.040.B.5 of the AMC) Required Finding 1. On the basis of a survey of comparable situations, parking demand for the proposed use or uses will be less than the required number of spaces. 2. The probable long-term occupancy of the property or structure, based on the project design, will not generate substantial additional parking demand. 3. Based on a current survey of parking space availability and usage within a five hundred (500)- foot walking distance of the boundary of the site of the subject building, a reduction of the parking requirement will not have a substantial effect on the parking available for neighboring uses. Explanation The City requirements are for 7 off-street parking spaces. The patron-driven demand for parking is expected to be short term and peak at 10 am and 2pm, Monday-Thursday. In the context of overall parking demand in the business district, the demand generated by the proposed use will not be substantial. Additionally, previous uses at the subject site included legal offices, mortgage offices and retail which had greater operating hours. A survey was conducted on October 25, 2016 at 2:45 pm and November 2, 2016 at 10:00 am and yielded on-street availability of 29 % on-street availability in the morning and 41% availability in the afternoon. Page 10
ATTACHMENT 3 Draft Conditions of Approval Project Conditions Gen-1 Project Approval. This Parking Adjustment approval is for 1300 Solano Ave., as substantially shown and described on the project plans, except as may be modified by conditions herein. The application submitted by Dr. Scott Levine date received October 24, 2016, as presented to the Planning and Zoning Commission on November 9, 2016. GEN-2 GEN-3 GEN-4- GEN-5 GEN-6- Project Approval Expiration. This Parking Adjustment approval expires on November 23, 2017 (one year from the date on which this approval becomes effective) or at an alternate time specified as a condition of approval, unless a building permit has been issued and construction diligently pursued. The approval may be renewed by the Community Development Director for a period up to an additional two (2) years, provided that, at least ten (10) days before expiration of one (1) year from the date when the approval becomes effective, an application for renewal of the approval is filed with the Community Development Department. The Community Development Director may grant a renewal of an approval where there is no change in the original application, or there is no request to change any condition of approval. Hold Harmless Agreement. Pursuant to Albany Municipal Code Section 20.100.010 (N), the applicant (including any agent thereof) shall defend, indemnify, and hold harmless, the City of Albany and its agents, officers and employees, from any claim, action, or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul the City's approval concerning this application. The City will promptly notify the applicant of any such claim action or proceeding and cooperate fully in the defense. Reduce Parking Impacts. The applicant shall adopt programs and policies to encourage employees to use transit, carpools, bicycles, etc. to reduce parking impacts on the surrounding neighborhood. Bike Rack. The applicant shall work with City staff to locate and install a bike rack adjacent to the business. Business Signage. The applicant shall file a separate Design Review application for new business signage. Appeals: The Albany Municipal Code provides that any action of the Planning and Zoning Commission may be appealed to the City Council, if such appeal is filed within 14 days of the date of the action. Appeals may be filed in the Community Page 11
Development Department by completing the required form and paying the required fee. The City Clerk will then schedule the matter for the next available City Council meeting. Page 12