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Home My WebLink About1. PLN-16-00032 - 7800 FlorenceSTAFF REPORT PLANNING DIVISION DATE: MARCH 16, 2016 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER PREPARED BY: DAVID BLUMENTHAL, PRINCIPAL PLANNER SUBJECT: PLN-16-00032 (CONDITIONAL USE PERMIT) – A REQUEST FOR APPROVAL FOR AN OFF-SITE PARKING AGREEMENT LOCATION: 7800 FLORENCE AVE AND 7749 FLORENCE AVE ZONING: 7800 FLORENCE AVE - C-P (COMMERCIAL PROFESSIONAL) & C-1 (NEIGHBORHOOD COMMERCIAL) 7749 FLORENCE AVE – R-1 (SINGLE-FAMILY RESIDENTIAL), R-3 (MULTI-FAMILY RESIDENTIAL), & P-B (PARKING BUFFER) REPORT SUMMARY The applicant (Dr. Ray Gonzalez) has requested to open a medical office at 7800 Florence Ave. While this is a permitted use in the zone, there is insufficient parking on the site to accommodate his business. Accordingly, Dr. Gonzalez has reached an agreement with the Assistance League of Downey to use three excess parking spaces on their property located at 7749 Florence Ave. 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 APPROVING A CONDITIONAL USE PERMIT (PLN-16-00032), THEREBY ALLOWING AN OFF-SITE PARKING AGREEMENT BETWEEN TWO PROPERTIES LOCATED AT 7800 & 7749 FLORENCE AVE. BACKGROUND The proposed project involves two parcels. The first parcel (hereinafter “business site”), is a rectangular shaped 2.21 acre parcel that generally measures 541.40’ by 178.39’ The site is located on the southeast corner of Florence Ave and Rives Ave. This site is improved with a 30,100 square foot multi-tenant retail building. This site has 140 parking spaces, with the majority of the parking field being located between the building and Florence Ave. The remainder of the parking is located behind the building on the south side of the lot. The property Agenda Page 1 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 2 is dual zoned with the western 150’ zoned C-P (Commercial Professional) and the eastern 391’ zoned C-1 (Neighborhood Commercial). Partial view of the business site from Florence Ave The second site (hereinafter “parking site”) is a rectangular shaped 1.54 parcel that generally measures 170’ by 394’. This site is located on the north side of Florence Ave, at the terminus of Rives Ave. The property is tri-zoned as follows: 1) north 214’ is zoned R-1 (Single-Family Residential), 2) central 150’ is zoned R-3 (Multi-Family Residential), and 3) south 30’ is zoned P-B (Parking Buffer). The site is improved with an approximate 6,000 square foot former residential structure that was originally built in 1926. Known as ‘Casa de Parley Johnson’, the building is now used by the Assistance League of Downey for office and meeting space. It should be noted that this structure is listed on the National and State Register of Historical Places. In addition to the building and the large garden area, a 40-space parking lot is accessible from Florence Ave. It should be noted that the proposed off-site parking will not alter the protected buildings in any manner. Partial view of the parking site from Florence Ave Agenda Page 2 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 3 The surrounding area is improved with a variety of uses. East of both sites along Florence Ave is a plethora of commercial (office, retail, and restaurant) businesses. West of the sites along Florence Ave are apartment buildings, a church, and single-family homes. The north and south sides of the sites are single-family neighborhoods. On February 9, 2016, the applicant submitted a request for the Conditional Use Permit to allow the off-site parking. After a complete review of the submitted material, staff deemed the application complete on March 1, 2016. On March 3, 2016, notice of the pending public hearing was published in the Downey Patriot. Additionally, the notice was mailed to all property owners within 500’ of the subject site. DISCUSSION The applicant is proposing to construct a 2,441 square foot medical office in the western most tenant space on the business site. This space is currently vacant and based on staff’s research, has been vacant for at least nine years. While the medical office is a permitted use in the C-P zone, it has a higher parking demand than retail uses and professional offices. Accordingly, staff conducted a parking analysis of the center to determine if the site has sufficient parking to accommodate the use. As noted in the analysis above, without the medical office the site is currently deficient 18 parking spaces. With the proposed medical office, the deficiency increases to 21 parking Agenda Page 3 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 4 spaces. Since the proposed medical office would increase the nonconforming parking on the site by three parking spaces, staff is unable to approve the use. In order to address this need for three additional spaces, the applicant has reached an agreement with the Assistance League of Downey to use three of the parking spaces on their site. As previously noted, the parking site is improved with a 6,000 square foot building that is used for general office. Based on the City’s parking ratio for general office (1/300 s.f.), this site is required 20 parking spaces, but has 40 spaces available. Below is the location of the parking spaces Staff is recommending a condition of approval that requires employees of the medical office park on the parking site, leaving parking available for customers on the business site. It is envisioned that employees will walk across the parking lot, crossing Florence Ave at the light at Rives and onto the business site. From the parking space to the front door of the business is an approximate 350’ walk, which is well within the 660’ limit listed in Municipal Code Section 9726. Agenda Page 4 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 5 ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Conditional Use Permit 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. 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 exemptions consists of projects that involve no or negligible expansion of the existing building or use. Staff is of the opinion that the off-site parking agreement will constitute a negligible expansion of the existing uses on site, but it will not create an adverse impact to the surrounding uses. FINDINGS Pursuant to Municipal Code Section 9824.06, there are four (4) findings that must be adopted prior to the Planning Commission approving the Conditional Use Permit. A discussion of the findings follows: A. The requested Conditional Use Permit will not adversely affect the purpose and intent of the Zoning Code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. It is a goal of the General Plan (2.5) to “Minimize the impacts from the lack of parking.” In order to achieve this goal, the General Plan has a policy (2.5.1) to “Provide for adequate parking supply to meet parking demands.” Staff is of the opinion that the off- site parking will allow the use of an under-utilized parking lot to meet the demands for parking on another site. This approach increases the parking supply in the area, thus minimizing the impacts from a lack of parking. Furthermore, the approximate walking distance from the parking allotment to the front door of the business is 350’, which is well within the 660’ allowance listed in the Municipal Code. Since this is a relatively short walk that includes a signalized crosswalk to traverse Florence Ave, staff believes there will be no impact to the public convenience or general welfare of those who live and work in the area. 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 proposed off-site parking agreement will allow a medical office to utilize a parking surplus on a nearby property. Neither property will be expanded nor will the uses contained therein be intensified. Staff is of the opinion that allowing this parking agreement will not have an impact to the surrounding uses or prevent future growth. Nor will it prevent an owner from enjoying the use of the property. C. 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. As previously noted, the proposed off-site parking agreement will allow a medical office to utilize a parking surplus on a nearby property. Neither property will be expanded nor will the uses contained therein be intensified. The three space parking shortage on the business site can be accommodated on the parking site, without issue since the parking Agenda Page 5 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 6 site has a surplus of 20 spaces. As such, staff feels size and shape of both sites is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Both sites are located at the intersection of Florence Ave and Rives Ave. Traffic generated by the proposed medical office does not change based on the location of parking. Since all traffic generated will arrive and leave from the same signalized intersection, regardless of parking location, staff is of the opinion that the parking agreement will not create an undue burden on Florence Ave or Rives Ave. CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this application. CONCLUSION Based on the analysis contained within this report, staff is concluding that the allowing the off- site parking agreement will allow a new medical office to service the community without creating an impact to the area. Finally, staff believes that all findings required for approving a Conditional Use Permit can be made in a positive manner. As such, staff is recommending that the Planning Commission approve the Conditional Use Permit (PLN-16-00032), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Draft Resolution C. Parking Agreement D. Medical Office Site and Floor Plan Agenda Page 6 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 7 MAPS Location Zoning Agenda Page 7 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 8 Aerial Photograph Agenda Page 8 RESOLUTION NO. 16-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-16-00032), THEREBY ALLOWING AN OFF-SITE PARKING AGREEMENT BETWEEN TWO PROPERTIES LOCATED AT 7800 & 7749 FLORENCE AVE. 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 February 9, 2016, the applicant submitted a request for a Conditional Use Permit to approve an off-site parking agreement between a proposed medical office at 7800 Florence and the property owner at 7749 Florence; and, B. On March 1, 2016, after a careful review of the submitted information, staff deemed the application complete; and, C. On March 3, 2016, notice of the pending application published in the Downey Patriot and mailed to all property owners within 500' of the subject site; and, D. The Planning Commission held a duly noticed public hearing on March 16, 2016, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed project has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings regarding the Conditional Use Permit, the Planning Commission further finds, determines and declares that: 1. The requested Conditional Use Permit will not adversely affect the purpose and intent of the Zoning Code or the City’s General Plan or the public convenience or general welfare of persons residing or working in the neighborhood thereof. It is a goal of the General Plan (2.5) to “Minimize the impacts from the lack of parking.” In order to achieve this goal, the General Plan has a policy (2.5.1) to “Provide for adequate parking supply to meet parking demands.” The off-site parking will allow the use of an under-utilized parking lot to meet the demands for parking on another site. This approach increases the parking supply in the area, thus minimizing the impacts from a lack of parking. Furthermore, the approximate walking distance from the parking allotment to the front door of the business is 350’, which is well within the 660’ allowance listed in the Municipal Code. Since this is a relatively short walk that includes a signalized crosswalk to traverse Florence Ave, there will be no impact to the public convenience or general welfare of those who live and work in the area. 2. 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 proposed off-site Agenda Page 9 Resolution No. ___________ Downey Planning Commission 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 2 parking agreement will allow a medical office to utilize a parking surplus on a nearby property. Neither property will be expanded nor will the uses contained therein be intensified. Allowing this parking agreement will not have an impact to the surrounding uses or prevent future growth. Nor will it prevent an owner from enjoying the use of the property. 3. 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. As noted in the previous finding, the proposed off-site parking agreement will allow a medical office to utilize a parking surplus on a nearby property. Neither property will be expanded nor will the uses contained therein be intensified. The three space parking shortage on the business site can be accommodated on the parking site, without issue since the parking site has a surplus of 20 spaces. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Both sites are located at the intersection of Florence Ave and Rives Ave. Traffic generated by the proposed medical office does not change based on the location of parking. Since all traffic generated will arrive and leave from the same signalized intersection, regardless of parking location, the parking agreement will not create an undue burden on Florence Ave or Rives Ave. 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 the Conditional Use Permit (PLN-16-00032) 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. The Secretary shall certify the adoption of this Resolution. [signatures next page] Agenda Page 10 Resolution No. ___________ Downey Planning Commission 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 3 PASSED, APPROVED AND ADOPTED this 16th day of March, 2016. Matias Flores, 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 16th day of March, 2016, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission Agenda Page 11 Resolution No. ___________ Downey Planning Commission 7800 & 7749 Florence Ave – PLN-16-00032 March 16, 2016 - Page 4 CONDITIONAL USE PERMIT (PLN-16-00032) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit (PLN-16-00032) allows for an off-site parking agreement by and between a proposed medical office at 7800 Florence and the Assistance League of Downey, located at 7749 Florence Ave. 2) Approval of the Conditional Use Permit (PLN-16-00032) 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 Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the 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. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 4) 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. 5) Prior to the commencement of business of the medical office (7800 Florence), the off- site parking agreement shall be signed by all parties (including the City of Downey) and be recorded to both properties. 6) The property owner of 7749 Florence Ave shall at all times provide three parking spaces for the medical office at 7800 Florence Ave. These spaces shall not be leased out to another party. 7) The parking agreement shall not be discontinued without prior authorization of the Community Development Director of the City of Downey. Prior to allowing the discontinuation of the parking agreement, the medical office either shall provide replacement parking or have ceased operations. 8) Employees of the medical office shall park in the off-site parking spaces and shall not park on the business site (7800 Florence). Should there be more than three employee vehicles, then vehicles in excess of three are permitted to park at 7800 Florence. Agenda Page 12 Agenda Page 13 Agenda Page 14 Agenda Page 15 Agenda Page 16 Agenda Page 17 Agenda Page 18 Agenda Page 19 Agenda Page 20 2513 sq.ft. EXISTING MED BUILDING DARK ROOM EX-RAY RM. LOBBY THERAPY RM THERAPY RM THERAPY ARE REST RM.#2REST RM.#1 LOUNGE RM. Draftech DesignCo. Agenda Page 21 DA R K R O O M EX - R A Y R M . LA B ST O R A G E VI T A L S R M . MA I N LO B B Y TH E R A P Y R M # 1 TH E R A P Y R M # 2 TH E R A P Y A R E LO U N G E R M . EX A M R M # 4 EX A M R M # 3 EX A M R M # 2 EX A M R M # 1 OF F I C E LA U N D R Y R M . 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