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HomeMy WebLinkAbout1. PLN-15-00155 - DDSP AmendmentSTAFF REPORT PLANNING DIVISION DATE: AUGUST 5, 2015 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: DAVID BLUMENTHAL, SENIOR PLANNER SUBJECT: PLN-15-00155 (SPECIFIC PLAN AMENDMENT) – A REQUEST TO AMEND SECTION 5.4.2 OF THE DOWNTOWN DOWNEY SPECIFIC PLAN TO ALLOW OFF-SITE PARKING. LOCATION: DOWNTOWN DOWNEY ZONING: DOWNTOWN DOWNEY SPECIFIC PLAN REPORT SUMMARY The Downtown Downey Specific Plan was adopted to create a pedestrian oriented mixed-use environment in the central portion of the City. The specific plan includes a park once concept to encourage visitors to park their car and walk to multiple businesses. This allowed the City to reduce parking requirements and create a parking waiver program. To bolster the park once concept and increase the parking supply in downtown, the proposed Specific Plan Amendment will include an off-site parking provision to allow businesses to meet their parking demand. Based on the analysis contained in this report, staff is recommending the Planning Commission adopt the following titled resolution A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROV E THE SPECIFIC PLAN AMENDMENT (PLN-15-00155), THEREBY AMENDING SECTION 5.4.2 OF THE DOWNTOWN DOWNEY SPECIFIC PLAN TO ALLOW OFF-SITE PARKING. BACKGROUND The Downtown Downey Specific Plan was adopted on October 12, 2010, with a goal of creating a mixed-use environment, in which Downtown Downey is transformed into a vibrant urban center providing a wide array of dining, working, living, shopping, entertainment, and cultural opportunities all within a short walking distance. To accomplish the pedestrian oriented goal, the Specific Plan sets forth regulations and design standards that are intended to generate new uses and pedestrian scale developments. Agenda Page 1 Downtown Downey Specific Plan – PLN-15-00155 August 5, 2015 - Page 2 The specific plan covers 131 acres in the central part of Downey. The boundaries are Brookshire Avenue to the east, the Union Pacific railroad right-of-way to the south, Paramount Boulevard to the west, and an irregular northern boundary along Fourth Street, extending to Fifth Street in areas and including the 117-unit KB Home project (Centerpointe). The Rives Mansion, located at the northwest corner of Third Street and Paramount Boulevard, has also been included in the specific plan area. To support the pedestrian orientation of Downtown Downey, a park-once concept was incorporated into the specific plan. Park-once is a notion that a visitor in downtown can park their car at a single location and patronize multiple businesses without the need to move their vehicle. This concept relies heavily on public parking, including the City’s parking structure and surface parking lots, as well as on-street parking. Based on this, the City was able to relax parking standards in the downtown area to encourage new development. Additionally, the existing parking supply was set as a new baseline. The result of this alternative approach to parking allowed the City to create a parking credit program for the downtown area. When a new business locates to downtown, staff analyzes the parking requirements for the proposed use over the parking requirements for the previous use of the site. The business is responsible for either meeting all of their parking requirements on-site or they can obtain a parking waiver for any increase in demand without the need to provide additional on-site parking. On June 23, 2015, the City Council discussed the use of off-site parking agreements in the downtown to meet a business’ parking requirements. The Council discussed allowing off-site parking within ¼ mile (1,320 feet) of the site and not requiring agreements to be recorded. At the conclusion of their discussion, the City Council directed staff to analyze these concepts and prepare an amendment to the Downtown Downey Specific Plan for the Planning Commission and City Council to consider. On July 23, 2015, notice of the pending public hearing was published in the Downey Patriot as a 1/8 th page ad. DISCUSSION By entering into an off-site parking agreement, a business can meets its parking demand by utilizing excess parking on another property. Municipal Code Section 9726 allows the use of an off-site parking agreement to meet parking provided: 1. The Planning Commission approves a Conditional Use Permit for the off-site parking; 2. The off-site parking is within 1/8 th mile (660 feet) of the business; and 3. Either a reciprocal parking agreement or perpetual lease is recorded to the properties guaranteeing the parking will be maintained and available for the business. As development in downtown grows, an increase in the parking supply is going to be required. It is estimated that a total parking supply of 16,000 parking spaces will be needed for the full conceptual build out of the downtown. One technique that can be employed is to activate underutilized privately owned parking. To take advantage of this parking, a business can request approval of an off-site parking agreement, as outlined above. Notwithstanding this, the downtown area has unique development standards; to which staff believes, the standard Municipal Code requirements do not achieve the goals of the Downtown Downey Specific Plan. Accordingly, staff is proposing to amend Section 5.4.2 of the Downtown Downey Specific Plan as follows (red strikethrough text is text to be deleted and blue underline text is new): Agenda Page 2 Downtown Downey Specific Plan – PLN-15-00155 August 5, 2015 - Page 3 5.4.2 Downtown Parking Credits Notwithstanding other provisions of this Specific Plan, all or a portion of the off-street parking required for non-residential uses may be accommodated using one of the following alternatives. For the purposes of this section, when a new use occupies space in an existing building, the new use shall provide for any increase in parking demand above the previous use in the building. Parking Waiver Notwithstanding other provisions of this Specific Plan, all or a portion of the off-street parking required for non-residential uses may be waived by the The City Planner may waive the parking requirement if all the following findings are made: The owner or occupant of the property, on which the waiver is to be applied, agrees to pay to the City an amount to be determined by the City Council for each automobile storage space to be waived and, That the development of parking on the property for which the waiver is sought, in accordance with the requirements of this article for off-street parking, would preclude the development or use of such property; and, Granting the waiver to allow the development or use is necessary to achieve the goals of the Specific Plan. For the purposes of this section, when a new use occupies space in an existing building, the new use shall obtain approval of a parking waiver for any increase in parking demand above the previous use in the building. All money received by the City pursuant to the provisions of this section shall be used for the purpose of providing for, or facilitating the use of, public off- street parking within the boundaries of the Downtown Downey Specific. All money received by the City pursuant to the provisions of this section shall be used for the purpose of providing for, or facilitating the use of, public off-street parking within the boundaries of the Downtown Downey Specific Plan. Off-Site Parking The Planning Commission may approve a Conditional Use Permit to allow a substitute location within 1,320 feet from the property for which the parking is being provided and which meets all of the following conditions:  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 or lots, as required by this Specific Plan; and,  All of the parcels involved are within the boundaries of the Downtown Downey Specific Plan; and,  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; or, Agenda Page 3 Downtown Downey Specific Plan – PLN-15-00155 August 5, 2015 - Page 4 (2) The property owners of the parcels involved shall enter into an off-site parking agreement. The agreement shall be reviewed and approved by the City Attorney before approval of the Conditional Use Permit. On an annual basis, the applicant shall provide the City Planner proof the agreement is still in effect and full force. Should the off-site parking agreement expire, be canceled, or voided in any manner, the applicant shall either cease operations of the use requiring parking or obtain a parking waiver from the City Planner, as outlined above. If approved, the parking waiver shall be effective the date the off-site parking agreement was expired, canceled, or voided. As noted above, the proposed amendment, includes cleanup in the parking waiver section to clarify that any increase in parking demand must either obtain a waiver or provide off-site parking. Additionally, the cleanup moves the requirement for the City to spend money received from waivers from being a finding to a code requirement. The amendment also introduces a new provision for off-site parking within the downtown. Unlike the remainder of the City, the off- site parking can be within ¼ mile (1,320 feet) of the business and the parking agreement does not need to be recorded. It is staff’s opinion that the increase in distance is appropriate due to the pedestrian nature of the downtown. It has been found that when development is built in a pedestrian scale, ¼ mile is the distance people are willing to walk to a store, restaurant, or entertainment opportunity. It is staff’s further opinion that due to the nature of downtown, recording of the agreement is not necessary. As downtown grows and evolves, a potential exists for these parking agreements to change, grow, and/or be relocated. Recording the agreement can hinder the rapid changes in downtown. To address concerns that the lack of recording of the agreement would make them unenforceable, staff added a “safety net” to the proposed language. This “safety net” requires the business owner to prove the agreement is still active on an annual basis. If an agreement expires, canceled or voided, the applicant is required to obtain a parking waiver or cease operation. The use of an off-site parking agreement will not allow a business to deviate from the parking requirements set forth in the specific plan. Instead, the parking demand will need to be met for all of the properties involved. It is important to note that the agreements will need to be reviewed and approved by the City Attorney prior to being presented to the Planning Commission for consideration during the Conditional Use Permit process. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Specific Plan Amendment for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15305 (Class 5 - Minor Alteration in Land Use Limitations). Class 5 exemptions consist of alternations to land use limitations in areas that have a slope of less than 20% and do not result in changes to the land use or densities. The proposed Specific Plan Amendment will increase the parking supply in Downtown Downey, but does not change the existing land uses or parking requirements. Additionally, the amendment will not alter densities in any of the zones. Finally, the City is relatively flat with average slopes in the 1%-2% range. Accordingly, staff believes that this Specific Plan Amendment qualifies for the Class 5 exemption under CEQA. Agenda Page 4 Downtown Downey Specific Plan – PLN-15-00155 August 5, 2015 - Page 5 FINDINGS Pursuant to Municipal Code Section 9836.10, there are four (4) findings that must be adopted prior to the City approving the amending the specific plan. A discussion of the findings follows: A. The proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council. The boundaries of the Specific Plan are within the General Plan Land Use Designation of Mixed Use. According to the General Plan, “the Mixed Use Designation should encourage development that exhibits the physical design characteristics of pedestrian- oriented, storefront-style shopping streets that creates a more active and vibrant street life.” The proposed amendment will increase the parking supply in the downtown area. It is staff’s opinion that this increased supply will provide additional development opportunities and encourage new businesses to open in the downtown, which will provide a more active pedestrian street life. It is staff’s further opinion that the proposed ¼-mile distance is within the goals established for a pedestrian oriented environment. B. The proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. The proposed amendment is to the Downtown Downey Specific Plan, which is the underlying zoning for the area. It is an objective of the specific plan to create a pedestrian oriented environment, which is supported by the park once concept. By allowing the off-site parking, the parking supply will be increased. It is staff’s opinion that the expanded parking supply supports the park once concept and furthers the goal of creating a pedestrian oriented environment in downtown. C. The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the City. The amendment to the Downtown Downey Specific Plan is necessary and desirable for the continual development of the community. As the downtown evolves and grows, additional parking is needed to execute the objectives of the Specific Plan. Meeting these objectives is in the interest of and furthers the public health, safety, general welfare, and the goals, policies, and programs of the General Plan relating to advancing livable community concepts. The proposed amendment encourages development by promoting alternative methods to meet parking requirements, while encouraging pedestrian activity in the downtown. Therefore, the amendment will focus on an area in which livable communities concepts have the most impact since it will promote people to walk between destinations or between their home and work. D. The Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State Article 8 of Chapter 3 of the California Government Code sets forth specific requirements and standards for the content and adoption of Specific Plans. This includes that the Agenda Page 5 Downtown Downey Specific Plan – PLN-15-00155 August 5, 2015 - Page 6 Specific Plan is consistent with the City’s General Plan. As noted in the first finding of this section, it is staff’s opinion that the proposed amendment to the Downtown Downey Specific Plan is consistent with the General Plan. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. CONCLUSION Downtown Downey continues to grow and attract new businesses, which is placing an encumbrance on the public parking supply. In order to continue this ongoing growth of the downtown, the City must provide additional opportunities for parking. Staff feels that this amendment to the specific plan will allow businesses to meet their parking demand by utilizing underused private parking. Based on the analysis contained within this report, staff is concluding that the proposed Specific Plan Amendment (PLN-15-00155) will provide the access to the private parking. As such, staff is recommending that the Planning Commission recommend to the City Council that they approve the Specific Plan Amendment (PLN-15- 00155). EXHIBITS A. Draft Resolution Agenda Page 6 RESOLUTION NO. _________ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY RECOMMENDING THAT THE CITY COUNCIL APPROVE THE SPECIFIC PLAN AMENDMENT (PLN-15-00155), THEREBY AMENDING SECTION 5.4.2 OF THE DOWNTOWN DOWNEY SPECIFIC PLAN TO ALLOW OFF-SITE PARKING. 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 12, 2010, the Downtown Downey Specific Plan was adopted to create a pedestrian oriented mixed use environment in the central portion of Downey; and, B. The City of Downey desires to provide additional parking supply in the downtown area; and, C. On June 23, 2015, the City Council directed staff to analyze an amendment to the Downtown Downey Specific Plan to allow off-site parking agreements; and, D. On July 23, 2015, notice of the pending zone text amendment was published in the Downey Patriot as a 1/8 th page ad; and, E. The Planning Commission held a duly noticed public hearing on August 5, 2015, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearings, adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the requested Specific Plan Amendment has been reviewed for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section No. 15305 (Class 5 - Minor Alteration in Land Use Limitations) based on the fact that it will not alter densities or parking requirements. SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearing, the Planning Commission further finds, determines and declares that: 1. The proposed location of the development and proposed conditions under which it will be operated or maintained is consistent with the goals and polices embodied in the General Plan and other applicable plans and policies adopted by the Council. The boundaries of the Specific Plan are within the General Plan Land Use Designation of Mixed Use. According to the General Plan, “the Mixed Use Designation should encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets that creates a more active and vibrant street life.” The proposed amendment will increase the parking supply in the downtown area. This increased supply will provide additional development opportunities and encourage new businesses to open in the downtown, which will provide a more active pedestrian street life. Furthermore, the proposed ¼- mile distance is within the goals established for a pedestrian oriented environment. Agenda Page 7 Resolution No. ___________ Downey Planning Commission Wireless Communication Facilities – PLN-15-00013 April 1, 2015 - Page 2 2. The proposed development is in accordance with the purposes and objectives of this article and the zone in which the site is located. The proposed amendment is to the Downtown Downey Specific Plan, which is the underlying zoning for the area. It is an objective of the specific plan to create a pedestrian oriented environment, which is supported by the park once concept. By allowing the off-site parking, the parking supply will be increased. The expanded parking supply supports the park once concept and furthers the goal of creating a pedestrian oriented environment in downtown. 3. The development will not be detrimental to the public health, safety, or welfare of persons residing or working in or adjacent to such a development, nor detrimental to properties or improvements in the vicinity or the general welfare of the City. The amendment to the Downtown Downey Specific Plan is necessary and desirable for the continual development of the community. As the downtown evolves and grows, additional parking is needed to execute the objectives of the Specific Plan. Meeting these objectives is in the interest of and furthers the public health, safety, general welfare, and the goals, policies, and programs of the General Plan relating to advancing livable community concepts. The proposed amendment encourages development by promoting alternative methods to meet parking requirements, while encouraging pedestrian activity in the downtown. Therefore, the amendment will focus on an area in which livable communities concepts have the most impact since it will promote people to walk between destinations or between their home and work . 4. The Specific Plan and resulting development will be consistent with the provisions of Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450 as may be subsequently amended by the State. Article 8 of Chapter 3 of the California Government Code sets forth specific requirements and standards for the content and adoption of Specific Plans. This includes that the Specific Plan is consistent with the City’s General Plan. As noted in the first finding of this section, it is staff’s opinion that the proposed amendment to the Downtown Downey Specific Plan is consistent with the General Plan. 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 recommends that the City Council amend Section 5.4.2 of the Downtown Downey Specific Plan to read as follows: 5.4.2 Downtown Parking Credits Notwithstanding other provisions of this Specific Plan, all or a portion of the off-street parking required for non-residential uses may be accommodated using one of the following alternatives. For the purposes of this section, when a new use occupies space in an existing building, the new use shall provide for any increase in parking demand above the previous use in the building. Parking Waiver The City Planner may waive the parking requirement if all the following findings are made: The owner or occupant of the property, on which the waiver is to be applied, agrees to pay to the City an amount to be determined by the City Council for each automobile storage space to be waived and, Agenda Page 8 Resolution No. ___________ Downey Planning Commission Wireless Communication Facilities – PLN-15-00013 April 1, 2015 - Page 3 That the development of parking on the property for which the waiver is sought, in accordance with the requirements of this article for off-street parking, would preclude the development or use of such property; and, Granting the waiver to allow the development or use is necessary to achieve the goals of the Specific Plan. All money received by the City pursuant to the provisions of this section shall be used for the purpose of providing for, or facilitating the use of, public off-street parking within the boundaries of the Downtown Downey Specific Plan. Off-Site Parking The Planning Commission may approve a Conditional Use Permit to allow a substitute location within 1,320 feet from the property for which the parking is being provided and which meets all of the following conditions:  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 or lots, as required by this Specific Plan; and,  All of the parcels involved are within the boundaries of the Downtown Downey Specific Plan; and,  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; or, (2) The property owners of the parcels involved shall enter into an off-site parking agreement. The agreement shall be reviewed and approved by the City Attorney before approval of the Conditional Use Permit. On an annual basis, the applicant shall provide the City Planner proof the agreement is still in effect and full force. Should the off-site parking agreement expire, be canceled, or voided in any manner, the applicant shall either cease operations of the use requiring parking or obtain a parking waiver from the City Planner, as outlined above. If approved, the parking waiver shall be effective the date the off-site parking agreement was expired, canceled, or voided. Agenda Page 9 Resolution No. ___________ Downey Planning Commission Wireless Communication Facilities – PLN-15-00013 April 1, 2015 - Page 4 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 5th day of August, 2015. Hector Lujan, 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 5th day of August, 2015, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 10