HomeMy WebLinkAbout2. PLN-12-00210 - 11820-11822 Downey Ave.STAFF REPORT
DATE:
NOVEMBER 7, 2012
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
JESSICA J. FLORES, ASSOCIATE PLANNER
SUBJECT: PLN-12-00210 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
VALET PARKING, WHICH INCLUDES REDUCED SIZE PARKING SPACES
AND TANDEM PARKING, AT AN EX ISTING MULTI-TENANT BUILDING
LOCATED AT 11820-11822 DO WNEY AVENUE, ZONED C-1
(NEIGHBORHOOD COMMERCIAL).
CEQA
Staff has reviewed the proposed project for compliance with the California Environmental
Quality Act (CEQA). Upon completion of this revi ew, it has been determined that this request is
categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (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. Class 1 consists of projects that involve no or negligible
expansion of the existing use.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolutions:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-12-00210 (CONDITIONAL USE PERMIT) – A REQUEST TO ALLOW
VALET PARKING, WHICH INCLUDES REDUCED SIZE PARKING SPACES AND TANDEM
PARKING, AT AN EXISTING MULTI-TENANT BUILDING LOCATED AT 11820-11822
DOWNEY AVENUE, ZONED C-1 (NEIGHBORHOOD COMMERCIAL).
CODE AUTHORITY
The applicants are making their request for approval of these entitlements and the Planning
Commission’s authority to act on them are pursuant to Municipal Code Sections 9722
(Attendant Parking) and 9824 (Conditional Use Permit).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
SITE LOCATION
11820-22 Downey Avenue
SITE DESCRIPTION
A. Subject Property:
1. Property Information:
Site Location:
11820-22 Downey Avenue
6255-027-056
2. Applicant Information:
Property Owner: J&C Family Properties, LLC
c/o: Cathrine Zarrabi
5820 Wilshire Ave., #606
Los Angeles, CA 90036
Representative: David Angelo
8804 Beverly Blvd.
Pico Rivera, CA 90660
3. CEQA Determination:
Categorical Exemption
Class 1, Existing Facilities
PLN-12-00210 (CUP) – 11820-22 Downey Avenue
November 7, 2012 - Page 2
B. Surrounding Properties:
Zoning Use
North
R-2 (Two-Family Residential) Two-family residences
South
C-1 (Neighborhood Commercial) Multi-tenant commercial building and
gas station
West C-1 (Neighborhood Commercial) Multi-tenant building and restaurant
East
R-2 (Two-Family Residential) Two-family residences
C. Photograph of Subject Property:
Northeast View of the Subject Site
DISCUSSION
The subject site is a 13,370 sq. ft. rectangular-shaped parcel that currently sits on the northeast
corner of Fontana Street and Downey Avenue. It is currently developed with a 4,295 sq. ft.
multi-tenant office building. The lot is zoned C-1 (Neighborhood Commercial), and its General
Plan designation is Neighborhood Commercial (NC).
The applicant, Ms. Catherine Zarrabi D.C., is requesting valet parking with reduced size
parking stalls and tandem parking for the existing office building located at the subject property.
Ms. Zarrabi proposes a tenant improvement to 1,294 sq. ft. of the existing building to be used
as a chiropractic office while the remaining 3,001 sq. ft. of office area is to be used as
professional office. As such, the required parking for the site is 17 parking spaces; 18 parking
spaces are proposed.
The current parking lay-out at the site allows for parallel parking along Downey Avenue and
Fontana Street, as well as 90 degree parking at the rear of the property. Previous tenants and
property owners of the subject site did not receive appropriate permits for the configuration of
the parking layout or for parking stall sizes. As such, the current layout of the parking lot at the
site does not allow for appropriate on-site vehicle circulation and promotes encroachment of
parked vehicles into the alley immediately to the east of the property.
The proposal for valet parking will allow for the reconfiguration of the parking lot to exceed the
required parking and allow for vehicles to converge and stay on-site to meet the parking needs
of the site without obstruction to neighboring properties.
PLN-12-00210 (CUP) – 11820-22 Downey Avenue
November 7, 2012 - Page 3
Downey Municipal Code Section 9722 allows for tandem and undersized parking so long as
there is an attendant or valet present and with the approval of a conditional use permit. Thus,
the applicant is requesting approval of a conditional use permit to allow for such deviations to
the parking requirements. The valet is proposed to be on the premises during normal business
hours, and free-of-charge; the site includes a designated area for the valet and a passenger
loading/unloading area.
FINDINGS
Pursuant to Municipal Code 9824.06, there are four (4) findings that must be adopted prior to
Planning Commission approving a Conditional Use Permit. A discussion of the findings follows:
A. That the requested conditional use permit will not adversely affect the purpose
and intent of this chapter or the City’s General Plan or the public convenience or
general welfare of persons residing or working in the neighborhood thereof.
Staff finds that the proposed conditional use is consistent with the purpose and intent of
the C-1 (Neighborhood Commercial) zone on which the office building sits, because this
zone “[…] is intended to provide for the development of limited neighborhood shopping
areas situated adjacent to, or surrounded by residential neighborhoods” (Downey
Municipal Code Section 9314.02 c). As such, the proposed medical and office use at
this site provides a buffer between Downey Avenue and residential uses to the east.
In addition, Vision 2025 General Plan Policies 1.1.3 and 1.1.4 respectively state,
“Provide an appropriate amount of land area for business and employment” and
“Provide an appropriate amount of land area for people to acquire goods and services”.
As such, it is staff’s opinion that the proposed use at the subject site will assist in
meeting these policies by providing for business growth with the potential of an
increase in employment due to the opening of a medical office at this location and by
providing medical services, not previously located at this site, to residents and
visitors. Thus, staff feels that this finding can be adopted.
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 subject site is in a fully developed area of the City. Staff’s opinion is that the
proposed medical/professional multi-tenant office use does not prevent surrounding
properties from being developed further. The existing building footprint will not change
since all proposed improvements will be within the confines of the existing building.
Staff believes that the increased on-site parking and better circulation provided by a
new parking layout will prevent any impacts to adjoining properties. As such, staff feels
that this finding can be adopted.
C. That the size and shape of the subject property proposed for the use is adequate
to allow the full development of the proposed use in a manner not detrimental to
the particular area.
The subject site is a 13,370 sq. ft. rectangular-shaped parcel that currently sits on the
northeast corner of Fontana Street and Downey Avenue. It is currently developed with a
4,295 sq. ft. multi-tenant office building. The lot is zoned C-1 (Neighborhood
Commercial), and its General Plan designation is Neighborhood Commercial (NC).
Staff is of the opinion that the site will accommodate the proposed
medical/professional office use with the appr oval of this conditional use permit by
allowing for tandem and undersized parking with valet services on the premises.
PLN-12-00210 (CUP) – 11820-22 Downey Avenue
November 7, 2012 - Page 4
Furthermore, any future expansion would require Planning Commission review in a
duly noted public hearing. Accordingly, staff believes that this finding can be
adopted.
D. That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways in the area.
1,294 sq. ft. of the existing building is proposed to be used a medical office, while 3,001
will remain professional office, which will have an minor increase to traffic since the
entire 4,295 sq. ft. building was previously used as professional office. The FEIR that
was prepared for the Downey Vision 2025 Comprehensive General Plan Update ( SCH
#2004031159 ), Chapter 2 - Circulation, Figure 2.1-1 - Circulation Plan, classifies
Downey Avenue as a Secondary Arterial. Figure 2.1-2 – Existing Traffic Volumes in the
same document show that on Downey Avenue between Firestone Boulevard and
Stewart and Gray Road, the existing Average Daily Traffic (ADT) volume is
approximately 12,210 Vehicles Per Day (VPD) and the capacity as shown in Figure 2.1-
3, Projected Traffic Volumes, Chapter 2 – Circulation in the FEIR is 16,200 VPD. Thus,
the potential change in use, from office to medical office for 1,294 sq. ft., of the project
will not create a substantial increase in traffic. As such, staff feels that the proposed use
will not impose an undue burden upon the streets and highways in the area and that
this finding can be adopted.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any written correspondence
regarding this matter.
CONCLUSION
Staff recommends that the Planning Commission approve PLN-12-00210 (Conditional Use
Permit), allowing for valet parking, which includes reduced size parking spaces and tandem
parking, at an existing multi-tenant building located at 11820-11822 Downey Avenue, zoned C-
1 (Neighborhood Commercial).
PLN-12-00210 (CUP) – 11820-22 Downey Avenue
November 7, 2012 - Page 5
R-3
R-1 5000
R-2 – Two-Family Residential
R-1, 5000 – Single- Family Residential
R-3 – Medium Density Multi-Family Residential
C1 – Neighborhood Commercial
NORTH
ZONING MAP
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CITY OF DOWNEY
11820-11822 DOWNEY AVE.
PLANNING DIVISION
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NORTH
AERIAL PHOTOGRAPH
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CITY OF DOWNEY
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PLANNING DIVISION
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN-12-00210 (CONDITIONAL USE PERMIT) – A REQUEST TO
ALLOW VALET PARKING, WHICH INCLUDES REDUCED SIZE PARKING
SPACES AND TANDEM PARKING, AT AN EXISTING MULTI-TENANT BUILDING
LOCATED AT 11820-11822 DOWNEY AVENUE, ZONED C-1 (NEIGHBORHOOD
COMMERCIAL).
THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1
. The Planning Commission of the City of Downey does hereby find, determine
and declare that:
A. On August 9, 2012, Cathrine Zarrabi (hereinafter "Applicant") filed a Land Use
Permit Application to request approval of a conditional use permit (PLN Case No.
12-00210) allowing for valet parking, which includes reduced size parking spaces
and tandem parking, at an existing multi-tenant building located at 11820-11822
Downey Avenue (hereinafter “subject property”).
B. The subject property is zoned C-1 (Neighborhood Commercial)
C. The General Plan designation of the subject property is NC (Neighborhood
Commercial).
D. On October 25, 2012, notice of the pending public hearing was published in the
Downey Patriot , and on October 26, 2012 notice of pending public hearing was
sent to all property owners within 500’ of the subject site.
E. The Planning Commission held a duly noticed public hearing on October 31,
2012 and, after fully considering all oral and written testimony, facts, and
opinions offered at the aforesaid public hearing, adopted this resolution,
approving PLN 12-00210.
SECTION 2
. The Planning Commission further finds, determines and declares the
environmental impact of the proposed devel opment has been reviewed and has been found to
comply with the California Environmental Qualit y Act (CEQA) and is categorically exempt from
CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities).
SECTION 3
. Having considered all of the oral and written evidence presented to it at said
public hearings, the Planning Commission further finds, determines and declares that:
That the requested conditional use permit will not adversely affect the
A.
purpose and intent of this chapter or the City’s General Plan or the public
convenience or general welfare of persons residing or working in the
neighborhood thereof.
The proposed conditional use is consistent with the purpose and intent of the C-1
zone, on which the office building sits, because this zone “[…] is intended to
provide for the development of limited neighborhood shopping areas situated
adjacent to, or surrounded by residential neighborhoods” (Downey Municipal
Code Section 9314.02 c). As such, the proposed medical and office use at this
site provides a buffer between Downey Avenue and residential uses to the east.
Resolution No.
Downey Planning Commission
In addition, Vision 2025 General Plan Policies 1.1.3 and 1.1.4 respectively state,
“Provide an appropriate amount of land area for business and employment” and
“Provide an appropriate amount of land area for people to acquire goods and
services”. As such, the proposed use at the subject site will assist in meeting
these policies by providing for business growth with the potential of an increase
in employment due to the opening of a medical office at this location and by
providing medical services, not previously located at this site, to residents and
visitors.
That the requested use will not adversely affect the adjoining land uses and
B.
the growth and development of the area in which it is proposed to be
located.
The subject site is in a fully developed area of the City. The proposed
medical/professional office use does not prevent surrounding properties from
being developed further. The existing building footprint will not change since all
proposed improvements will be within the confines of the existing building. The
increased on-site parking and better circulation provided by a new parking layout
will avoid any impacts to adjoining properties, thereby avoiding adverse affects
thereto.
That the size and shape of the subject property proposed for the use is
C.
adequate to allow the full development of the proposed use in a manner not
detrimental to the particular area.
The subject site is a 13,370 sq. ft. rectangular-shaped parcel that currently sits
on the northeast corner of Fontana Street and Downey Avenue. It is currently
developed with a 4,295 sq. ft. multi-tenant office building. The lot is zoned C-1
(Neighborhood Commercial), and its General Plan designation is Neighborhood
Commercial (NC). The site will accommodate the proposed medical/professional
office use with the approval of this conditional use permit by allowing for tandem
and undersized parking with valet services on the premises. Furthermore, any
future expansion would require Planning Commission review in a duly noted
public hearing.
That the traffic generated by the proposed use will not impose an undue
D.
burden upon the streets and highways in the area.
1,294 sq. ft. of the existing building is proposed to be used a medical office, while
3,001 will remain professional office, which will have an minor increase to traffic
since the entire 4,295 sq. ft. building was previously used as professional office.
The FEIR that was prepared for the Downey Vision 2025 Comprehensive
General Plan Update ( SCH #2004031159 ), Chapter 2 - Circulation, Figure 2.1-1 -
Circulation Plan, classifies Downey Avenue as a Secondary Arterial. Figure 2.1-2
– Existing Traffic Volumes in the same document show that on Downey Avenue
between Firestone Boulevard and Stewar t and Gray Road, the existing Average
Daily Traffic (ADT) volume is approximately 12,210 Vehicles Per Day (VPD) and
the capacity as shown in Figure 2.1-3, Projected Traffic Volumes, Chapter 2 –
Circulation in the FEIR is 16,200 VPD. Thus, the potential change in use, from
office to medical office for 1,294 sq. ft., of the project will not create a substantial
increase in traffic. As such, the proposed use will not impose an undue burden
upon the streets and highways in the area and that this finding can be adopted.
PLN-12-00210 – 11820-11822 Downey Ave/
October 7, 2012 - Page 2
Resolution No.
Downey Planning Commission
SECTION 4
. Based upon the findings set forth in Sections 1 through 3 of this Resolution,
the Planning Commission of the City of Downey hereby approves PLN-12-00210 (Conditional Use
Permit), subject to the conditions of approval attached hereto as Exhibit A, which are necessary to
preserve the health, safety and general welfare of the community and enable the Planning
Commission to make the findings set forth in the previous sections. The conditions are fair and
reasonable for the accomplishment of these purposes.
SECTION 5
. The Secretary shall certify the adoption of this Resolution.
th
PASSED, APPROVED AND ADOPTED this 7 day of November, 2012.
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Planning
th
Commission of the City of Downey at a regular meeting thereof, held on the 7 day of November
2012, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
PLN-12-00210 – 11820-11822 Downey Ave/
October 7, 2012 - Page 3
Resolution No.
Downey Planning Commission
CONDITIONAL USE PERMIT (PLN-12-00210)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Conditional Use Permit (PLN-12-00210) authorizes valet parking,
which includes reduced size parking spaces and tandem parking totaling 18 parking
spaces, at an existing multi-tenant building located at 11820-11822 Downey Avenue,
zoned C-1 (Neighborhood Commercial). The existing multi-tenant building is made up of
4,295 sq. ft. of which 1,294 sq. ft. shall be used for a medical office and the remaining
3,001 sq. ft. shall be used a professional office; as such, the uses require a total of 17
parking spaces.
2) Approval of this Conditional Use Permit shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations. Unless otherwise expressly specified, all other requirements of
the City of Downey Municipal Code shall apply.
3) The City Planner is authorized to make minor modifications to the approved preliminary
plans or any of the conditions if such modifications shall achieve substantially the same
results as would strict compliance with said plans and conditions.
4) All conditions of approval set forth in this resolution shall be complied with before this
Conditional Use Permit becomes valid.
5) Before securing signs to the exterior of the building, the owner/applicant shall comply
with the requirements set forth in Chapter six of Article IX of the Downey Municipal Code
and obtain the appropriate permits from the Planning and Building & Safety Divisions.
6) The owner/applicant agrees to indemnify and hold harmless, at applicant’s expense, City
and City agents, officers and employees from and against any claim, action, or
proceeding commenced within the time period in Government Code Section 66499.37 to
attack, review, set aside, void or annul the approval of the this resolution, to challenge
the determination made by the City under the California Environmental Quality Act or to
challenge the reasonableness, legality or validity or any condition attached hereto. City
shall promptly notify applicant of any such claim, action or proceedings to which City
receives notice and City will cooperate fully with applicant in defense thereof. Applicant
shall reimburse the City for any court costs and attorney’s fees that the City may be
required to pay as a result of any such claim, action or proceeding, but such participation
shall not relieve the Applicant of the obligations of this condition.
7) The owner/applicant shall provide a new planter (2 ft, 4 inch wide by 16 ft. long) at the
corner of the property so as to close any access from the street through the parking lot.
The planter shall match the existing planters found on-site and shall meet current
Downey Municipal Code standards.
8) New, 42 inch landscape shrubs or trees shall be planted throughout the existing planters
(at the property line on Downey Avenue and Fontana Street), so as to provide a buffer
and screen from view the parked cars along said property lines. The landscape shall be
planted at full height and shall not exceed 42 inches in height at any time.
PLN-12-00210 – 11820-11822 Downey Ave/
October 7, 2012 - Page 4
Resolution No.
Downey Planning Commission
9) The owner shall sign and record a covenant indicating that free-of-charge valet parking,
as well as undersized and tandem parking stalls totaling 18 parking spaces, shall exist
on the property as long as the medical office (1,294 sq. ft.) use continues on the subject
property.
10) If at any time the owner/applicant finds it unnecessary or is unwilling to continue valet
parking, the tandem and undersized parking shall be removed and the site’s parking lot
shall be reconfigured to follow current Downey Municipal Code requirements.
11) The valet shall be open and on-site during regular business hours.
PUBLIC WORKS
12) The owner/applicant shall install on-site signs for restricted parking movement (i.e.
“entrance only” and “exit only” signs).
13) The owner/applicant shall resurface the parking lot in any manner necessary (i.e. patch,
slurry seal, etc.) so as to not allow, cause, create, maintain, suffer, or permit others to
maintain this property, located at 11820-11822 Downey Ave., in such a manner that the
topography, geology or configuration of which whether in natural state or as a result of
the grading operations, excavation or fill, causes erosion, subsidence, or surface water
drainage problems of such magnitude as to be injurious or potentially injurious to the
public health, safety and welfare, or to adjacent properties.
14) The owner/applicant shall install a 24-inch box tree on Fontana Street to the satisfaction
of the Public Works Department.
15) Broken, uneven, or sub-standard curb, gutter, sidewalk, driveway, disables ramps, and
pavement, shall be replaced to the satisfaction of the Public Works Department. Contact
the Public Works inspection office at (562) 904-7110 to have these areas identified prior
to any construction activity on the site.
16) All driveway approaches shall be as wide as t he driveway or parking aisle they serve. All
unused driveways shall be removed and reconstructed with full-height curb, gutter, and
sidewalk.
PLN-12-00210 – 11820-11822 Downey Ave/
October 7, 2012 - Page 5