The Applicant, TNG Real Estate Consultants, is requesting a Conditional Use Permit (CUP) and Plan Review (PR) to establish a professional office by modifying the minimum off-street parking requirement. The request also includes minor exterior modifications to the existing commercial building located at 735 South Brea Boulevard, in the MU-III (Mixed-Use) zone.

Staff recommends that the Planning Commission take the following actions:
 

1. Find the project exempt from the California Environmental Quality Act (CEQA) – Class 1: Existing Facilities (Section 15301); and,
 
2. Approve Conditional Use Permit No. 20-11 to modify the minimum off-street parking requirement for an existing commercial building located at 735 South Brea Boulevard, subject to the recommended conditions of approval (Attachment B) and based on the findings in the Resolution No. 20-XX (Attachment A).
 
3. Approve Plan Review No. 20-08 to approve exterior modifications to an existing commercial building located 735 South Brea Boulevard, subject to the recommended conditions of approval (Attachment B) and based on the findings in the Resolution No. 20-XX (Attachment A).

BACKGROUND
 
Veteran’s Club
On February 20, 1990, the City Council approved a 4,900 square-foot commercial building to be used as an assembly use by the Veteran’s Club (Attachment C). The approved assembly use required a minimum of 73 parking spaces, as required by the adopted Zoning Ordinance at that time. However, ten parking spaces were provided on site. In combination with the parking spaces provided on-site, an off-site parking agreement that supplied 63 parking spaces located at 770 S. Brea Boulevard was also approved. This parking agreement was maintained for the life of the Veteran’s Club occupancy of the building, most recently allowing the American Legion Post 181 to occupy the building. This parking agreement is nontransferable; thus, a new use within the existing building would be required to address parking. The applicant is proposing a professional office and requesting parking modifications through this CUP application.
 
Wireless Telecommunications Facility
On June 22, 2010, a T-Mobile Wireless Telecommunications Facility was approved on the subject site (Attachment D). The wireless facility, disguised as a flag pole, is located along the eastern property line along Brea Boulevard and includes an above-ground equipment area; this facility would remain on site.
 
PROJECT DESCRIPTION
 
The applicant is requesting to occupy the existing building at 735 South Brea Boulevard for a professional office use, specifically for real estate. The proposed project also includes minor exterior modifications to upgrade the building. These improvements include new windows and the removal of the existing steel architectural feature at the main entrance to the building. The interior space of the building is proposed to be demised into 12 offices, four restrooms, a copy room, storage areas, and a conference room. The existing vehicular access to the site would be maintained from Brea Boulevard; the project does not propose any additional building square footage. The proposed office would accommodate seven employees and would be open during typical business hours of Monday through Friday from 9:00 a.m. to 5:00 p.m.



DISCUSSION
 
Conditional Use Permit: Off-Street Parking
Brea Municipal Code (BMC) Section 20.258.010 (Table 2-2) identifies offices as a permitted use in the MU-III (Mixed-Use) zone. BMC Section 20.08.040 identifies the off-street parking requirements for land uses within the City. The parking requirement for the office uses is calculated at one parking space for every 250 square feet. For the existing 4,900 square-foot building to be used as an office, a minimum of 20 parking spaces would be required. The site provides ten parking spaces on-site; thus, with the strict application of the BMC (Table 1), there is a shortage of ten parking spaces. The previously approved off-site parking agreement between the Veteran’s Club and the property at 770 South Brea Boulevard is non-transferable and therefore, no longer supplies off-site parking spaces for the project site’s use. Since the new use cannot utilize the off-site parking agreement to satisfy the off-street parking requirements, the applicant has submitted a CUP to reduce the required number of parking spaces for the building to ten parking spaces. BMC Section 20.08.040.F. provides provisions to allow exceptions or modifications to off-street parking requirements through the approval of a CUP.


 
 
Table 1 (Summary of Parking Requirements)

 
Although the site would be deficient by ten parking spaces, Staff is supportive of the reduction given the following reasons:

1) The building is proposed to be demised into 12 individual office spaces, with an identified staffing of seven employees. A portion of the building is reserved for other ancillary office uses that are generally occupied by persons already in the office. In subtracting the ancillary areas to derive a net square footage used strictly for office would result in approximately 1,155 square feet. Applying the office off-street parking ratio to the net square footage would result in a need of five parking spaces.

2) The nature of a real estate professional is to meet with clients on an appointment-only basis, and typically away from the office environment, either at open houses, individual showings, or at listed properties. Although there is a potential for up to seven employees, the likelihood that all employees are present on-site, given the uniqueness of real estate duties, is unlikely. Therefore, the reduction to the ten off-street parking spaces would be sufficient for the proposed office operation and would not result in any impacts to the surrounding area. The proposed parking modification would not preclude future professional offices from occupying the site.

 
Plan Review - Exterior Improvements
The project proposes minor exterior improvements to the existing building. BMC Section 20.258.010 (Table 2-2) requires a Plan Review to be submitted when façade improvements are visible from the public right-of-way, subject to the approval of the Community Development Director (Director). Since this project includes a CUP request as well as the Plan Review, the Director is deferring her review authority to the Planning Commission. The proposed exterior modifications include the addition of windows and the removal of an existing steel architectural feature at the main entrance to the building. These modifications would complement the building and would not result in any impacts to the surrounding area. As part of the Plan Review, staff is recommending a condition of approval that the existing plague, honoring veterans and located on the exterior of the building facing South Brea Boulevard, remain (Condition C).
 
PUBLIC NOTICE AND COMMENTS
This project was noticed in accordance with the City’s public noticing requirements, which involved mailed notices and publication in the local paper. This public hearing notice for this project is provided as Attachment G. As of writing of this report, staff has not received any public comment.

CONCLUSION
Staff concludes, based on the information provided in the application and through the analysis presented in this report, that the project should be approved. The project, as designed and conditioned in Attachment B, is suitable for the site and would not present any adverse impacts to the City as further outlined in the draft resolution (Attachment A). Therefore, staff recommends approval of the project.