HomeMy WebLinkAboutPC Resolution 15-2902RESOLUTION NO. 15 -2902
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 -2902,
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
Resolution No. 15 -2902
Downey Planning Commission
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.
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.
Resolution No. 15 -2902
Downey Planning Commission
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
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 7th day of January 2015.
— 934� "_ - -
Robert Kiefer, Chair an
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 7th day of
January 2015, by the following vote, to wit:
AYES: COMMISSIONERS: Kiefer, Lujan, Flores, and Rodriguez
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Morales
Mary C vanagh, Secret
City Planning Commission
Resolution No. 15 -2902
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.
Resolution No. 15 -2902
Downey Planning Commission
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.
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.
HACommunity Development \Davis \cases \cup \PLN -14 -00222 (8067 Florence) \RESO 15- 2902.doc