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HomeMy WebLinkAbout3. PLN-16-00304 10901 ParamountSTAFF REPORT PLANNING DIVISION DATE: FEBRUARY 15, 2017 TO: PLANNING COMMISSION SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT REVIEWED BY: WILLIAM E. DAVIS, CITY PLANNER PREPARED BY: MONICA ESPARZA, ASSOCIATE PLANNER SUBJECT: PLN-16-00304 (CONDITIONAL USE PERMIT) – A REQUEST FOR APPROVAL FOR AN OFF-SITE PARKING AGREEMENT LOCATION: 10901 PARAMOUNT BOULEVARD AND 10924 PARAMOUNT BOULEVARD ZONING: 10901 PARAMOUNT BLVD - C-P (COMMERCIAL PROFESSIONAL) 10924 PARAMOUNT BLVD – DDSP (DOWNTOWN DOWNEY – PARAMOUNT BOULEVARD PROFESSIONAL DISTRICT) REPORT SUMMARY John G. McAllister DDS, Inc, hereinafter referred to as “the Applicant”, has requested to open a dental office at 10901 Paramount Boulevard. Pursuant to Downey Municipal Code Section 9712, medical, dental, and veterinary offices and clinics have a parking requirement of one (1) space per 200 square feet of gross floor area. Currently, the amount of parking on the site is insufficient to accommodate the proposed use. As such, the Applicant has reached an agreement with Downey Brewing Company to use six (6) excess parking spaces on their property located at 10924 Paramount Boulevard in order to provide the required amount of parking necessary to establish the proposed use. Based on the analysis contained in this report, staff recommends that 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-16-00304), THEREBY ALLOWING AN OFF-SITE PARKING AGREEMENT BETWEEN TWO PROPERTIES LOCATED AT 10901 PARAMOUNT BOULEVARD AND 10924 PARAMOUNT BOULEVARD. BACKGROUND The proposed project involves two parcels. The first parcel (hereinafter “business site”), is located on the southwest corner of Paramount Boulevard and 4th Place and has an area of 6,463 square feet and is zoned C-P – Professional Office. The lot is improved with a two-story PC Agenda Page 1 10901 & 10924 Paramount Boulevard – PLN-16-00304 February 15, 2017 - Page 2 building for professional and medical offices with 1,495 square-feet on the first floor and 2,035 square-feet on the second floor. The site has nine (9) parking spaces located to the rear of the site and is accessible along 4th Place. The properties immediately to the north and south of the site are zoned C-P (Professional Office); and the properties to the west of the site are zoned R- 1 5,000 (Single-Family Residential). Partial view of the business site from Paramount Blvd and 4th Place The second site (hereinafter “parking site”) is a rectangular-shaped, 25,640 square-foot lot, located on the northeast corner of Paramount Boulevard and 3rd Street. The property is zoned DDSP – Downtown Downey Paramount Boulevard Professional District. The lot is improved with the Downey Brewing Company, a 4,080 square-foot bar and restaurant and has 40 parking spaces. Partial view of the parking site from Paramount Boulevard PC Agenda Page 2 10901 & 10924 Paramount Boulevard – PLN-16-00304 February 15, 2017 - Page 3 The properties directly adjacent to the parking site are all zoned DDSP and include a variety of uses, including La Barca Restaurant to the south and an office use to the east of the site. On December 20, 2016, the applicant submitted a request for a Conditional Use Permit to use six (6) parking spaces at the Downey Brewing Company as off-site parking. After a complete review of the submitted material, staff deemed the application complete on January 18, 2017. On February 2, 2017, a 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 Pursuant to Downey Municipal Code Section 9712, the number of parking spaces required in Table 9.7.3. must be provided and thereafter maintained for all buildings and uses established within the City. In the event a business has multiple uses, or multiple businesses occupy the same building or lot, the total requirements for off-street parking shall be the sum of the requirement of the various uses computed separately. The applicant is requesting to occupy the first floor of 10901 Paramount Boulevard as a dental office. According to Downey Municipal Code Section 9314.04 - Commercial Zones Use Regulations, medical and dental offices are a permitted use in the C-P Zone. However, Code Section 9712 requires that medical, dental and veterinary offices and clinics provide parking equivalent to one (1) space per 200 square feet of gross floor area. As such, the dental office requires eight (8) parking spaces. Furthermore, although the second floor of the existing building is currently unoccupied, the space is intended for professional, business, and other offices; the parking requirement for this use is one (1) space per 300 square feet of gross floor area. As such, the occupation of the second floor requires seven (7) parking spaces. When the building is fully occupied, fifteen (15) parking spaces are required. The previous tenant of this office space was categorized as a professional office; therefore, the intensification of the use from a professional office to a dental office, coupled with a stricter parking requirement, requires the Applicant to comply with parking for the dental office use. As previously stated, the subject site has only nine (9) parking spaces; therefore, the proposed use requires six (6) additional parking spaces on the site. Code Section 9726 allows business owners the ability to request a conditional use permit to allow a substitute location for parking, within six hundred sixty (660) feet, from the principal use for which the parking is being provided, and where the total number of parking spaces shall not be less than the sum of the requirements for each of the individual uses on all the parcels or lots. The Applicant is requesting to use six (6) parking spaces from Downey Brewing Company, located at 10924 Paramount Boulevard, to fulfill the parking requirement for their use. The Downey Brewing Company is located in the DDSP Zone. The parking requirement for a restaurant in Downtown Downey is one (1) space per 200 square feet of gross floor area. As such, Downey Brewing Company is required to have 21 spaces where there are currently 40 existing spaces. This allows Downey Brewing Company to lease the Applicant six (6) parking spaces and still have more than the required amount of parking on-site. The total path of travel from the Applicant’s location to Downey Brewing Company is 468-feet. The Applicant’s employees and customers can walk south along Paramount Boulevard, cross the street at Paramount Boulevard and Third Street and walk east along Third Street to Downey Brewing Company to access the spaces reserved for the Applicant. The image below illustrates this path of travel: PC Agenda Page 3 10901 & 10924 Paramount Boulevard – PLN-16-00304 February 15, 2017 - Page 4 The hours of operation for the dental office are Monday through Wednesday from 8:00 a.m. to 5:00 p.m. and Thursday from 8:00 a.m. to 6:00 p.m.; the hours of operation for Downey Brewing Company are Monday through Sunday from 12:00 p.m. to 2:00 a.m. Staff is recommending a condition of approval that requires employees of the dental office park on the parking site, at Downey Brewing Company, so that parking on the business site is available for customers and the six (6) parking spaces are occupied prior to Downey Brewing Company’s opening time. ENVIRONMENTAL ANALYSIS Staff has reviewed the proposed Conditional Use Permit for compliance with the California Environmental Quality Act (CEQA). Upon completion of this review, staff 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. The off-site parking agreement will constitute a negligible expansion of the existing uses on site that will not create an adverse impact to the surrounding uses. PC Agenda Page 4 10901 & 10924 Paramount Boulevard – PLN-16-00304 February 15, 2017 - Page 5 FINDINGS Pursuant to Municipal Code Section 9824.06, four (4) findings 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.” 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 468 feet, which is well within the 660’ allowance listed in the Municipal Code. 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, as such, 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 six space parking shortage on the business site can be accommodated on the parking site without issue, since the parking site has a surplus of 19 spaces. As such, the 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 along Paramount Boulevard, one cornering 3rd Street and the other cornering 4th Place. Traffic generated by the proposed medical office does not change based on the location of parking. Since all traffic generated will go north or south on Paramount, regardless of parking location, the parking agreement will not create an undue burden on Paramount Boulevard. PC Agenda Page 5 10901 & 10924 Paramount Boulevard – PLN-16-00304 February 15, 2017 - Page 6 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 concludes that the off-site parking agreement will allow a new medical office to service the community without creating parking impacts to the area. Finally, all the findings required for the approval of a conditional use permit have been made. As such, staff is recommends that the Planning Commission approve Conditional Use Permit (PLN-16-00304), subject to the recommended conditions of approval. EXHIBITS A. Maps B. Draft Resolution C. Parking Agreement D. Medical Office Site and Floor Plan PC Agenda Page 6 10901 & 10924 Paramount Boulevard – PLN-16-00304 February 15, 2017 - Page 7 MAPS AERIAL MAP PC Agenda Page 7 10901 & 10924 Paramount Boulevard – PLN-16-00304 February 15, 2017 - Page 8 ZONING MAP PC Agenda Page 8 RESOLUTION NO. 17-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-16-00304), THEREBY ALLOWING AN OFF-SITE PARKING AGREEMENT BETWEEN TWO PROPERTIES LOCATED AT 10901 PARAMOUNT BOULEVARD AND 10924 PARAMOUNT BOULEVARD. 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 December 30, 2016, the applicant submitted a request for a Conditional Use Permit to approve an off-site parking agreement between a proposed medical office at 10901 Paramount Boulevard and the property owner at 10924 Paramount Boulevard; and, B. On January 18, 2017, after a careful review of the submitted information, staff deemed the application complete; and, C. On February 2, 2017, 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 February 15, 2017, 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 468 feet, which is well within the 660’ allowance listed in the Municipal Code. 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 parking agreement will allow a medical office to utilize a parking surplus on a nearby PC Agenda Page 9 Resolution No. 17-___________ Downey Planning Commission 10901 & 10924 Paramount Blvd – PLN-16-00304 February 15, 2017 – Page 2 property. Neither property will be expanded nor will the uses contained therein be intensified, as such, 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 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 six space parking shortage on the business site can be accommodated on the parking site without issue, since the parking site has a surplus of 19 spaces. As such, the 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. 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 along Paramount Boulevard, one cornering 3rd Street and the other cornering 4th Place. Traffic generated by the proposed medical office does not change based on the location of parking. Since all traffic generated will go north or south on Paramount, regardless of parking location, the parking agreement will not create an undue burden on Paramount Boulevard. 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-16-00304) 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] PC Agenda Page 10 Resolution No. 17-___________ Downey Planning Commission 10901 & 10924 Paramount Blvd – PLN-16-00304 February 15, 2017 – Page 3 PASSED, APPROVED AND ADOPTED this 15th day of February, 2017. Jim Rodriguez, 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 15th day of February, 2017, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Mary Cavanagh, Secretary City Planning Commission PC Agenda Page 11 Resolution No. 17-___________ Downey Planning Commission 10901 & 10924 Paramount Blvd – PLN-16-00304 February 15, 2017 – Page 4 CONDITIONAL USE PERMIT (PLN-16-00304) EXHIBIT A - CONDITIONS PLANNING 1) The approval of this Conditional Use Permit (PLN-16-00304) allows for an off-site parking agreement by and between a proposed dental office, located at 10901 Paramount Boulevard and Downey Brewing Company, located at 10924 Paramount Boulevard. 2) Approval of the Conditional Use Permit (PLN-16-00304) 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 dental office (10901 Paramount Blvd), 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 10924 Paramount Blvd shall at all times provide six (6) parking spaces for the dental office at 10901 Paramount Blvd. 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 dental office shall park in the off-site parking spaces and shall not park on the business site (10901 Paramount Blvd). Should there be more than six (6) employee vehicles, then vehicles in excess of six (6) are permitted to park at 10901 Paramount Blvd. PC Agenda Page 12 Resolution No. 17-___________ Downey Planning Commission 10901 & 10924 Paramount Blvd – PLN-16-00304 February 15, 2017 – Page 5 PUBLIC WORKS 9) Wheel stops shall be installed for the parking spaces on the west of the business site. BUILDING 10) The ADA parking spot, located at 10901 Paramount Boulevard shall be van accessible and shall be relocated so as to not block access to another vehicle. FIRE 11) Both properties must maintain access for emergency medical services and the fire department. PC Agenda Page 13 OFF-SITE PARKING AGREEMENT (DMC 9726) RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: ) ) CITY OF DOWNEY ) ATTN: Community Development Dept. ) 11111 Brookshire Avenue ) Downey, California 90241 ) ) EXEMPT FROM RECORDING FEES PER Space above this line for Recorder’s Office GOV’T CODE SECTION 6103 OFF-SITE PARKING AGREEMENT This Off-Site Parking Agreement (“Agreement”) is made and entered into as of this twenty-eighth day of February, 2017 (the “Effective Date”), by and between the City of Downey, a municipal corporation and charter city (herein called "City"), and John G. McAllister, DDS Incorporated (herein called “Applicant") and Downey Brewing Company Incorporated (herein called “Downey Brewing Company”) collectively referred to herein as the “Parties”. RECITALS A. Pursuant to Downey Municipal Code 9726, the City of Downey (“City”) specifies criteria which must be met in order to utilize off-site parking agreements to satisfy parking requirements. B. The Planning Commission held a public hearing on February 15, 2017, and approved Applicant’s request for a Conditional Use Permit for off-site parking, subject to the approval of an off-site parking agreement approved by the City Attorney. C. The Parties to this Agreement agree that Applicant shall meet its parking requirements pursuant to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the foregoing recitals and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Downey Brewing Company, the owner of the property located at 10924 Paramount Boulevard, Downey, California, as legally described in Exhibit A, agrees to provide John G. McAllister, DDS Incorporated (“Applicant”), the owner of property located at 10901 Paramount Boulevard, Downey, California, with the right to use six (6) parking spaces, as shown on Exhibit B to this Agreement on property located at 10924 Paramount Boulevard, Downey, California as legally described in Exhibit A. PC Agenda Page 14 OFF-SITE PARKING AGREEMENT (DMC 9726) 2. The parking spaces referred to in this Agreement have been determined to conform to the City’s standards for parking spaces, and the Parties agree to maintain the parking spaces to meet those standards. 3. The total number of parking spaces shown in Exhibit B is not less than the sum of the parking requirements for individual uses on Applicant’s property and Downey Brewing Company’s property combined. The off-site parking location set forth in Exhibit A is within 660 feet from Applicant’s property. 4. The Parties understand and agree that if for any reason the off-site parking spaces are no longer available for use by Applicant, Applicant will be in violation of the City’s Municipal Code requirements. If the off-site parking spaces are no longer available, Applicant will be required to comply with the City’s parking requirements. 5. Although the Applicant may have recourse against the Party supplying the off-site parking spaces for breach of this Agreement, in no circumstance shall the City be obligated by this Agreement to remedy such breach. The Parties acknowledge that the sole recourse for the City if this Agreement is breached is against the Applicant, and the City may invoke any remedy provided for in the Downey Municipal Code to enforce such violation against Applicant. 6. The provisions and conditions of this Agreement shall run with the land for those properties referenced in Paragraph 1 of this Agreement and be enforceable against successors in interest and assigns of the signing Parties. 7. Title to and the right to use the lots upon which the parking is to be provided will be subservient to the title to the property where the primary use it serves is situated. 8. The property or portion thereof on which the parking spaces are located will not be made subject to any other covenant or contract for use which interferes with the parking use, without written consent of the City. 9. This Agreement is in perpetuity and shall remain in effect as long as Applicant requires the parking spaces. This Agreement can only be terminated if replacement parking has been approved by the Community Development Director, and written notice of termination of this Agreement has been provided to the other Parties at least sixty (60) days prior to the termination date. 10. This Agreement shall be kept on file in the Community Development Department of City and shall be recorded on the titles of those properties referenced in Paragraph 1 of this Agreement. [Signatures on the Next Page] PC Agenda Page 15 OFF-SITE PARKING AGREEMENT (DMC 9726) __________________________ _______________________________ Applicant Community Development Director Date: Date: _________________________________ Party Supplying the Parking Spaces Date: [All signatures must include a Notary Acknowledgment] APPROVED AS TO FORM: _________________________________ City Attorney PC Agenda Page 16 OFF-SITE PARKING AGREEMENT (DMC 9726) EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PROVIDING OFF-SITE PARKING That portion of the Tract of Downey Land Association, in the City of Downey, in the County of Los Angeles, State of California, as per map recorded in Book 2, Page 434 of Miscellaneous Records, being part of that portion of said Tract known as Block 21 and portion of those certain streets adjoining said Block 21 vacated by Order of Board of Supervisors on October 5, 1898, in Book 70, Page 87 of Miscellaneous Records, described as follows: Beginning at intersection of the Northeasterly line of 3rd Street with Southeasterly line of College Avenue now known as Paramount Boulevard; thence along said Southeasterly line North 31° 25’ 50” East 119.5 feet; thence parallel Northeasterly Line of property described in Certificate No. AG 13420, South 57° 14’ East 247 feet; thence parallel with said Southeasterly Line South 31° 25’ 5” West 119.77 feet to said Northeasterly Line of 3rd Street’ thence North 57° 09’ 40” West 247 feet to the point of beginning, the lines of 3rd Street and College Avenue referred to herein are the lines of said streets as shown on County Surveyor’s Map No. 8193. PC Agenda Page 17 OFF-SITE PARKING AGREEMENT (DMC 9726) EXHIBIT B DEPICTION OF OFF-SITE PARKING SPACES PC Agenda Page 18