HomeMy WebLinkAbout1 PLN-11-00181 Staff Report
PLN-11-00181 (CUP) 8350 Florence and 8441 Florence) September 7, 2011 -Page 1 STAFF REPORT DATE: SEPTEMBER 7, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
WILLIAM E. DAVIS, CITY PLANNER SUBJECT: PLN CASE NO. 11-00181 -A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE DOWNEY MEMORIAL CHRISTIAN CHURCH PROPERTY AT 8441 FLORENCE
AVENUE AND ZONED C-P (PROFESSIONAL OFFICE), AS A SUBSTITUTE LOCATION FOR THREE (3) OFF-STREET PARKING SPACES REQUIRED FOR A PROPOSED DENTAL OFFICE USE AT 8350 FLORENCE AVENUE, TO COMPLY
WITH SECTION 9712 OF THE DOWNEY MUNICIPAL CODE. CEQA Staff has reviewed the proposed use in compliance with the California Environmental Quality Act (CEQA) Guidelines and determined
that it is categorically exempt from CEQA, pursuant to Guideline Section No. 15304(e) Class 1, (Existing Facilities). Categorical Exemptions are projects which have been determined not
to have a significant effect on the environment and have been exempted from the requirements of the California Environmental Quality Act. Exempt activities under Class 1 consist of the
operation, repair, maintenance, or minor alteration of existing structures or facilities not expanding existing uses. Staff feels that the using the church property as a location for
off-site parking to accommodate a dental office represents negligible expansion of the uses. RECOMMENDATION Staff recommends that the Planning Commission adopt the following titled resolution:
PLN CASE NO. 11-00181 -A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE DOWNEY MEMORIAL CHRISTIAN CHURCH PROPERTY AT 8441 FLORENCE AVENUE AND ZONED C-P (PROFESSIONAL OFFICE),
AS A SUBSTITUTE LOCATION FOR THREE (3) OFF-STREET PARKING SPACES REQUIRED FOR A PROPOSED DENTAL OFFICE USE AT 8350 FLORENCE AVENUE, TO COMPLY WITH SECTION 9712 OF THE DOWNEY MUNICIPAL
CODE. CODE AUTHORITY The applicant is making their request pursuant to Municipal Code Section 9726 (Off-Site Parking Facilities), which provides that required parking facilities shall
be located on the same lot or parcel of land on which they are intended to serve, except the Planning Commission may approve a conditional use permit to allow a substitute location within
six hundred sixty feet from the principle use for which the parking is being provided. The Planning Commission’s authority to consider the requested Conditional Use Permit is set forth
in Municipal Code Section 9824.06 (Conditional Use Permits).
PLN-11-00181 (CUP) 8350 Florence and 8441 Florence) September 7, 2011 -Page 2 SITE DESCRIPTION 1. Property Information Site Location: Property Owner: Site Location: Property Owner 8350
Florence Avenue (Office Building) Jaime Lopez 8350 Florence Avenue, 2nd Floor Downey, CA 90240 8441 Florence Avenue (Downey Memorial Christian Church Christian Missionary Society of
the Pacific Southwest Region of the Christian Church 2. Applicant Information Property Owners: Hiram Rodriguez 8350 Florence Avenue Downey, Ca 90240 Representative: Ali Dibaei Elite
Builders and Remodeling 19626 Ventura Blvd. Tarzana, CA 91356 3. CEQA Determination: Categorical Exemption (Class 1, Existing Facilities) 4. Noticing Information: Applicant Notification:
August 26, 2011 SURROUNDING PROPERTIES All of the properties along Florence Avenue in this vicinity, including office buildings adjacent to the subject properties, are zoned C-P (Professional
Offices). Downey Memorial Christan Church (8441 Florence), which is on the north side of Florence Avenue, is bordered on the north and partially on its east and west sides by single-family
dwellings zoned R-1 5,000 (Single-Family Residential). The other property under consideration, 8350 Florence Avenue, exists on the south side of Florence Avenue. It is bordered by single-family
dweliings to the south.
PLN-11-00181 (CUP) 8350 Florence and 8441 Florence) September 7, 2011 -Page 3 SITE LOCATIONS 8441 Florence Avenue (Downey Memorial Christan Church) 8350 Florence Avenue (Dental Office)
BACKGROUND Pedro Hiram Rodriguez signed a lease agreement with Mr. Jaime (Jim) Lopez. He plans to operate a dental office on the first floor of Mr. Lopez office building at 8350 Florence
Avenue. However, after finalizing this agreement, Mr. Rodriguez learned that the site does not have sufficient offstreet parking to accommodate a medical office use. After considering
the limited options available to resolve this issue, Mr. Rodriguez elected to pursue the alternative Municipal Code Section 9726 (Off-Site Parking Facilities) offers which allows a substitute
location to provide required parking facilities for the principle use (the dental office in this case) subject to the approval of a conditional use permit. Therefore, on July 18, 2011,
Mr. Ali Dibaei submitted a Land Use Permit on behalf of Mr. Rodriguez, seeking approval of a conditional use permit to obtain three (3) parking spaces from another property, the Downey
Memorial Christan Church at 8441 Florence Avenue DISCUSSION The office building at 8350 Florence is a two-story structure that contains a total 4,740 square feet of floor area and there
are thirteen parking spaces on the site. The building was designed to accommodate two general office uses, with one tenant on each floor; however, it was taller and contained more building
floor area than the Code allowed to meet the City’s development standards that were in place at that time. The height issue was a result of an attempt to create an interesting architectural
design for the building. The number of parking spaces provided was an issue because the 4,740 square foot building required 14 parking spaces (based on the parking ratio of one space
per 250 square feet of floor area for general office uses) but the plan provided 13 spaces only. The Downey Planning Commission alleviated these issues when it adopted Resolution No.
455 on June 3, 1981, thereby granting Zone Variance No. 170. This approval allowed the office building to exceed the height limitation adjacent to an R-1 zoned property and it
PLN-11-00181 (CUP) 8350 Florence and 8441 Florence) September 7, 2011 -Page 4 modified the number of parking spaces required for general office uses at the site by approving the13 spaces
as proposed. The dental office Mr. Rodriguez proposes would occupy the first floor of the subject building, which is 1,074 square feet in size. It requires six (6) parking spaces based
upon the current standards for medical, dental and veterinary offices (one parking space per 200 square feet of floor area). A 723 square foot area on the second floor is a patio, while
the remaining 2,943 square feet is general office space. This area requires ten (10) parking spaces based on the standard of one parking space per 300 square feet of floor area. Therefore,
the uses require sixteen spaces in total, although only thirteen spaces are available on the property. Municipal Code Section 9726 (Off-Site Parking Facilities) mentions that required
parking facilities shall be located on the same lot or parcel of land on which they are intended to serve, except that the Planning Commission may approve a conditional use permit to
allow a substitute location within six hundred sixty (660) feet from the principle use for which the parking is being provided, subject to the following conditions: (a) The total number
of parking spaces shall not be less than the sum of the requirements for each of the individual uses on all of the parcels. (b) One of the following shall apply: (1) A reciprocal parking
easement is recorded to all of the properties involved. Said easement shall be approved by the City Attorney and shall not be terminated without the approval of the City. (2) Such property
shall be held in a perpetual lease and such perpetual lease shall remain in effect as long as the parking facilities are required. The owner or owners of such lot or parcel of land on
which such parking is to be provided shall record an agreement in the Office of the County Recorder as a covenant running with the land for the benefit of the City, guaranteeing that
such owner or owners, and their heirs, assigns, or successors in interest, will continue to maintain such parking facilities so long as the building or use they are intended to serve
is maintained. In an effort to provide the amount of off-street parking required for the dental office, Mr. Lopez, the owner of the office building property, has agreed to a Shared Parking
Agreement with the Downey Memorial Christan Church, to lease the additional parking spaces the dental office needs to meet the Code requirements. The properties are less than 660 feet
apart and ample parking is available on the church site to provide three (3) parking spaces for the dental office. FINDINGS Section 9824.06 of the Downey Municipal Code (Conditions Necessary
to Granting Conditional Use Permits) says that before a conditional use permit may be granted, the Commission, or the Council on appeal, shall make a finding from the evidence as submitted
that all four (4) of the following conditions exist in reference to the property being con
sidered: PLN-11-00181 (CUP) 8350 Florence and 8441 Florence) September 7, 2011 -Page 5 A. That the requested Conditional Use Permit will not adversely affect the intent and purpose of
this article or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof; PLN-11-00181 seeks approval of a conditional
use permit to allow the Downey Memorial Christian Church property at 8441 Florence Avenue as a substitute location for three (3) offstreet parking spaces necessary for a dental office
proposed at 8350 Florence Avenue. The requested use will not adversely effect the intent and purpose of the Downey Zoning Code, Article IX of the Downey Municipal Code, because Municipal
Code Section 9726 (Off-Site Parking Facilities) which requires parking to be located on the same lot or parcel of land on that they are intended to serve, states that the Planning Commission
may approve a conditional use permit to allow a substitute location within six hundred hundred sixty (660) feet from the principle use for which the parking is being provided, provided
that the total number of parking spaces shall not be less than the sum of the requirements for each of the individual uses on all of the parcels and a recorded document (a reciprocal
parking easement or a perpetual lease) attests to the parking arrangement. The properties are less than 660 feet apart and the property owners have agreed to a Shared Parking Agreement
that will enable the dental office to obtain the amount of off-street parking spaces needed to meet the Code requirements. Chapter 2 (Circulation) of the Downey General Plan includes
Goal 2.5 entitled “Minimize the impacts from the lack of parking, and Policy 2.5.1, which reads: Provide for adequate parking supply to meet parking demands. This Chapter includes Program
2.5.1.6, which reads: Promote joint use, shared, and off-site parking where appropriate. Therefore, the proposed conditional use permit to allow the Downey Memorial Christian Church
property at 8441 Florence Avenue as a substitute location for three (3) off-street parking spaces necessary for a dental office proposed at 8350 Florence Avenue, is consistent with the
off-street parking requirements stated in the Downey Zoning Code and the parking goals of the Downey General Plan. B. That the requested use will not adversely affect the adjoining land
uses and the growth and development of the area in which it is proposed to be located; The requested use will not adversely affect the adjoining land uses and the growth and development
of the area in which it is proposed to be located. The office building at 8350 Florence Avenue and the Downey Memorial Christian Church property at 8441 Florence Avenue have existed
for more than twenty-five years at their respective sites. The requested use will not affect neighboring land uses because the number of parking spaces involved is minimal and because
the requested three spaces will not exceed the amount of parking spaces required for the church use. the number of spaces C. That the size and shape of the site proposed for the use
is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area; That the size and shape of the site proposed for the use is adequate
to allow the particular area, because the subject property has been utilized as a church for more than twenty-five years, with sufficient off-street parking in place. In addition, the
square footage of neither building is being expanded.
PLN-11-00181 (CUP) 8350 Florence and 8441 Florence) September 7, 2011 -Page 6 D. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways
in the area. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Florence Avenue serves both sites and it is classified
as a Major Arterial on the City’s Master Plan of Streets and Highways. The volume of traffic that the dental office is estimated to generate will not burden the street. The subject property
has been in operation since 1982 and its traffic volumes have not adversely impacted Florence Avenue. Florence Avenue contains two lanes in each direction. It would be able to absorb
any additional traffic the requested use may create. CORRESPONDENCE As of the date that this report was printed, staff had not received any correspondence regarding this matter. RECOMMENDATION
Staff supports the proposal and recommends that the Planning Commission adopt a resolution approving PLN-11-00181, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
PLN-11-00181 (CUP) 8350 Florence and 8441 Florence) September 7, 2011 -Page 7 AERIAL PHOTOGRAPHS 8350 Florence Ave. 8441 Florence Ave.
PLN-11-00181 (CUP) 8350 Florence and 8441 Florence) September 7, 2011 -Page 8 AERIAL PHOTOGRAPH ZONINGMAP 8441 Florence Ave. 8350 Florence Ave. C-P R-1 5,000