HomeMy WebLinkAbout1. PLN-14-00222 - 8067 FlorenceSTAFF REPORT
PLANNING DIVISION
DATE: JANUARY 7, 2015
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER
PREPARED BY: WILLIAM E. DAVIS, CITY PLANNER
SUBJECT: PLN-14-00222 - A REQUEST FOR APPROVAL OF A CONDITIONAL
USE PERMIT TO ALLOW THE TRINITY BAPTIST CHURCH PROPERTY
AT 8219 FLORENCE AVENUE, AS A SUBSTITUTE OFF-STREET
PARKING LOCATION FOR A MEDICAL USE LOCATED AT 8067-8069
FLORENCE AVENUE
LOCATIONS: 8067-8069 FLORENCE AVENUE AND 8219 FLORENCE AVENUE
ZONING: ZONED C-P (PROFESSIONAL OFFICE)
REPORT SUMMARY
The Applicant submitted a Land Use Permit Application (Case No. PLN-14-00222) to obtain the
Planning Commission’s approval of a conditional use permit to allow the Trinity Baptist Church
property at 8219 Florence Avenue, as a substitute off-street parking location for a medical use
located at 8067-8069 Florence Avenue. 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).
After reviewing the Applicant’s request, staff recommends that the Planning Commission adopt the
following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
PLN - 14-00222 - A REQUEST FOR APPROVAL OF A CONDITIONAL USE
PERMIT TO ALLOW THE TRINIITY BAPTIST CHURCH PROPERTY AT 8219
FLORENCE AVENUE AS A SUBSTITUTE LOCATION FOR FIVE (5) OFF-SITE
PARKING SPACES FOR A PROPOSED MEDICAL OFFICE USE AT 8067-8069
FLORENCE AVENUE, TO COMPLY WITH SECTION 9712 OF THE DOWNEY
MUNICIPAL CODE
Agenda Page 1
PLN-14-00222 (Conditional Use Permit) 8067-8069 Florence and 8219 Florence
January 7, 2015 - Page 2
BACKGROUND
The applicant owns the property at 8067-8069 Florence Avenue. This site is located at the
northeast corner of Orizaba Avenue and Florence Avenue and it is zoned C-P (Professional
Offices). A 3,144 square foot office building and eleven (11) off-street parking spaces exist on the
site. The building contains two tenant spaces that can accommodate two general office uses. Each
space contains approximately 1,570 square feet of floor area. As such, general offices at the 3,144
square foot building would require eleven (11) off-street parking spaces based on the standard of
one parking space per 300 square feet of gross floor area.
While marketing the vacant tenant spaces, the Applicant realized that potential medical office users
are attracted to the site but those uses in the 3,144 square foot building require sixteen (16) off-
street parking spaces based on the standard of one parking space per 200 square feet of gross
floor area. The Applicant elected to make up the difference in off-street parking through a shared
parking agreement, pursuant to Downey Municipal Code Section 9726 (Off-Site Parking Facilities),
which allows a substitute location as a way to provide required parking facilities subject to the
approval of a conditional use permit. As such, the Applicant has agreed to a Shared Parking
Agreement with Trinity Baptist Church.
Trinity Baptist Church is located at 8219 Florence Avenue, on the northside of Florence Avenue
between La Reina Avenue and Downey Avenue. The property is developed with a church building,
an education building and a parking lot. Trinity Baptist Church was established in 1953 under a
zone exception when the property was zoned R-1. Over time, the City granted other approvals
regarding the use and development of the church property, including Zone Exception #429, which
expanded the church seating capacity to 650 persons and established a requirement for 61
parking spaces on the premises.
Through the Shared Parking Agreement, the applicant agrees to lease five (5) parking spaces form
Trinity Baptist Church at the rate of two hundred dollars ($200) per month. The Agreement
describes the initial term as sixty months and that it shall renew automatically thereafter for initial
terms unless either party agrees to terminate the agreement. It does not define the days or hours
of operation that the Applicant may access the church property.
DISCUSSION
Municipal Code Section 9726 (Off-Site Parking Facilities) states 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.
Agenda Page 2
PLN-14-00222 (Conditional Use Permit) 8067-8069 Florence and 8219 Florence
January 7, 2015 - Page 3
(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.
The Applicant is not proposing a reciprocal parking agreement; instead the applicant is proposing
to lease five (5) additional parking spaces from Trinity Baptist Church to use for the Applicant’s
medical office use. While the properties are less than six hundred sixty (660) feet apart as Section
9724 requires, the agreement between both parties is not structured as a perpetual lease.
Accordingly, staff is recommending a conditional of approval (Condition #7), which requires the
lease be perpetual. This condition reads as follows:
7) The subject properties (8067-8069 Florence Avenue and 8219 Florence Avenue) 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 these properties on which
such parking is to be required and 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.
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 considered:
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-14-00222 seeks approval of a conditional use permit to allow the Trinity Baptist Church
property at 8219 Florence Avenue as a substitute location for five (5) off-street parking spaces
necessary for Medical offices proposed at 8067-8069 Florence Avenue. The requested use
will not adversely affect 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 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 medical office uses to obtain
the amount of off-street parking spaces needed to meet the Code requirements.
Agenda Page 3
PLN-14-00222 (Conditional Use Permit) 8067-8069 Florence and 8219 Florence
January 7, 2015 - Page 4
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 Trinity Church property at 8219 Florence Avenue as a
substitute location for five (5) off-street parking spaces necessary for medical offices proposed
at 8067-8069 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 8067-8069
Florence Avenue and the Trinity Baptist Church at 8219 Florence Avenue, have existed for
more than fifty 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 five
requested spaces will not exceed the amount of parking spaces required for the church use.
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 substitute parking has been utilized as a
church for more than fifty-six years. It has sufficient off-street parking in place to accommodate
both uses and allowing medical offices to use five existing parking spaces will not be
detrimental to the adjacent residences. In addition, the square footage of neither building is
being expanded.
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 medical
offices generate will not burden the street. The subject properties have been in operation
since 1958 (8219 Florence) and 1962 (8067-8069 Florence) and their 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 proposed 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-14-00222, subject to the conditions of approval as stated in Exhibit A of the
Planning Commission Resolution.
H:\Community Development\Davis\cases\cup\PLN-14-00222 (8067 Florence)\Staff Report (01-07-15).doc
Agenda Page 4
PLN-14-00222 (Conditional Use Permit) 8067-8069 Florence and 8219 Florence
January 7, 2015 - Page 5
SITE PHOTOGRAPH
8067-8069 Florence
SITE PHOTOGRAPH
TRINITY BAPTIST CHURCH
8219 Florence
Agenda Page 5
PLN-14-00222 (Conditional Use Permit) 8067-8069 Florence and 8219 Florence
January 7, 2015 - Page 6
ZONING MAP
AERIAL PHOTOGRAPH
TRINITY
BAPTIST CHURCH
8219 Florence
OFFICE BUILDING
8067-8069 Florence
+/- 630 Feet
Agenda Page 6
PLN-14-00222 (Conditional Use Permit) 8067-8069 Florence and 8219 Florence
January 7, 2015 - Page 7
.
Agenda Page 7
Agenda Page 8
RESOLUTION NO. _________
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
PLN - 14-00222 - A REQUEST FOR APPROVAL OF A CONDITIONAL USE
PERMIT TO ALLOW THE TRINIITY BAPTIST CHURCH PROPERTY AT 8219
FLORENCE AVENUE AS A SUBSTITUTE LOCATION FOR FIVE (5) OFF-SITE
PARKING SPACES FOR A PROPOSED MEDICAL OFFICE USE AT 8067-8069
FLORENCE AVENUE, TO COMPLY WITH SECTION 9712 OF THE DOWNEY
MUNICIPAL CODE
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 October 30, 2014, Gabriel Garcia submitted a Land Use Permit on behalf of
Core Investments, LLC, owners of property at 8067-8069 Florence Avenue, for
approval of a conditional use permit to obtain five (5) parking spaces from
another property, owned by the Trinity Baptist Church at 8219 Florence Avenue.
B. The subject properties are zoned C-P (Professional Offices).
C. The General Plan designation of the subject properties is O (Offices).
D. On December 26, 2014, notice of the pending public hearing was sent to all
property owners within 500’ of the subject site and the notice was published in the
Downey Patriot on December 26, 2014.
E. The Planning Commission held a duly noticed public hearing on January 7, 2015,
and, after fully considering all oral and written testimony, facts, and opinions
offered at the aforesaid public hearing, adopted Resolution No. 15-____,
approving PLN 14-00222.
SECTION 2. The Planning Commission further finds, determines and declares the
environmental impact of the proposed development has been reviewed and has been found to
comply with the California Environmental Quality 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, pursuant with Section 9824 of the Downey Municipal Code, the Planning
Commission further finds, determines and declares that:
A. PLN-14-00222 seeks approval of a conditional use permit to allow the Trinity
Baptist Church property at 8219 Florence Avenue as a substitute location for five
(5) off-street parking spaces necessary for Medical offices proposed at 8067-
8069 Florence Avenue. The requested use will not adversely affect 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 sixty (660) feet from the
principle use for which the parking is being provided, provided that the total
Agenda Page 9
Resolution No. __________
Downey Planning Commission
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 medical
office uses 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 Trinity Church property at 8219 Florence Avenue as a substitute location for
five (5) off-street parking spaces necessary for medical offices proposed at 8067-
8069 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. 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 8067-8069 Florence Avenue and the Trinity Baptist Church at
8219 Florence Avenue, have existed for more than fifty 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 five requested
spaces will not exceed the amount of parking spaces required for the church use.
C. That the size and shape of the site proposed for substitute parking has been
utilized as a church for more than fifty-six years. It has sufficient off-street parking
in place to accommodate both uses and allowing medical offices to use five
existing parking spaces will not be detrimental to the adjacent residences. In
addition, the square footage of neither building is being expanded.
D. 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 medical offices generate will not burden the street. The
subject properties have been in operation since 1958 (8219 Florence) and 1962
(8067-8069 Florence) and their 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 proposed use may create.
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-14-00222
(Conditional Use Permit), subject to 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. This Conditional Use Permit shall become null and void unless use has
commenced within one year of this approval and pursued diligently to completion or a one-year
Agenda Page 10
Resolution No. __________
Downey Planning Commission
extension of time granted by the Downey Planning Commission, pursuant to Section 9824 of the
Downey Municipal Code.
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this ____ day of ____________2015.
Robert Kiefer, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
Planning Commission of the City of Downey at a regular meeting thereof held on the _____ day
of ______________ 2015, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Mary Cavanaugh, Secretary
City Planning Commission
Agenda Page 11
Resolution No. __________
Downey Planning Commission
PLN-14-00222 (CONDITIONAL USE PERMIT)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of PLN-14-00222 (Conditional Use Permit) to allow the Trinity Baptist
Church property at 8219 Florence Avenue as a substitute location for five (5) off-street
parking spaces necessary for medical offices proposed at 8067-8069 Florence Avenue.
Any deviations or exceptions from said site plans, other than those authorized by this
resolution or those that do not impact other conditions, shall not be permitted without the
approval by the Downey Planning Commission.
2) 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.
3) Approval of this PLN-14-00222 (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.
4) The Downey Planning Commission shall retain jurisdiction to amend or add conditions
with public notice to assure compatibility with the purpose and intent of the
Comprehensive Zoning Ordinance and to protect the public health, safety and general
welfare.
5) The Applicant shall comply with all conditions of PLN-14-00222 (Conditional Use Permit)
before this Conditional Use Permit becomes valid.
6) The total number of parking spaces required for the Trinity Baptist Church property at
8219 Florence Avenue and for the office building at 8067-8069 Florence Avenue shall
not be less than the sum of the requirements for each of the individual uses on both
parcels.
7) The subject properties (8067-8069 Florence Avenue and 8219 Florence Avenue) 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 these properties on which
such parking is to be required and 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.
8) A signed and notarized copy of the Shared Parking Agreement between the Trinity
Baptist Church and Core Investments, LLC, owner of the property identified as 8067-
8069 Florence Avenue, shall be provided to the City of Downey Community Development
Department within 45 days of the approval date of PLN-14-00222.
9) The Shared Parking Agreement that is the subject of PLN-14-00222 shall be approved
by the City Attorney of the City of Downey before recordation, and shall not be terminated
without the approval of the City of Downey.
Agenda Page 12
Resolution No. __________
Downey Planning Commission
10) Employees of the medical offices at 8067-8069 Florence Avenue, shall park at Trinity
Baptist Church site during the regular business hours of the medical offices.
H:\Community Development\Davis\cases\cup\PLN-14-00222 (8067 Florence)\RESO.doc
Agenda Page 13