HomeMy WebLinkAbout2. PLN-16-00304STAFF REPORT
PLANNING DIVISION
DATE: MARCH 15, 2017
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, PRINCIPAL 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 BOULEVARD - C-P (COMMERCIAL
PROFESSIONAL)
10924 PARAMOUNT BOULEVARD – 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 nine (9) 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
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6,463 square feet and is zoned C-P – Professional Office. The lot is improved with a two-story
building for professional and medical offices with 1,495 square-feet on the first floor and 3,141
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 Specific Plan - 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
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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 30, 2016, the applicant submitted a request for a Conditional Use Permit to use
nine (9) 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
sites. This request was originally scheduled for the February 15, 2017 Planning Commission
meeting, but was continued to the March 1, 2017 Planning Commission meeting without hearing
any testimony. On March 1, 2017, the item was again continued without testimony to the March
15, 2017 Planning Commission meeting.
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 ten (10) parking spaces. When the building is fully occupied, eighteen (18) 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 nine (9) 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 nine (9) 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 nine (9) 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 582-feet. The Applicant’s
employees and customers can walk south along Paramount Boulevard, cross the street at
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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:
The hours of operation for the dental office are Monday from 8:00 a.m. to 5:00 p.m., Tuesday
and Wednesday from 8:00 a.m. to 4:00 p.m., and Thursday from 9:00 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 nine (9) 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
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constitute a negligible expansion of the existing uses on site that will not create an adverse
impact to the surrounding uses.
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 582 feet, which is well within the 660 feet
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. Furthermore, a condition of approval requires all
employees to park at the parking site, thereby mitigating any impact from employees
parking on the street.
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 nine space parking shortage on the
business site can be accommodated on the parking site without issue, since the parking
site has a surplus of 18 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
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Paramount, regardless of parking location, the parking agreement will not create an undue
burden on Paramount Boulevard.
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
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MAPS
AERIAL MAP
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ZONING MAP
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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
continued the item to March 1, 2017 without accepting testimony; and
E. On March 1, 2017, the Planning Commission again continued the item to March 15,
2017; and
F. The Planning Commission held a duly noticed public hearing on March 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
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Resolution No. 17-___________
Downey Planning Commission
10901 & 10924 Paramount Blvd – PLN-16-00304
March 15, 2017 – Page 2
door of the business is 582 feet, which is well within the 660 foot 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
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. Furthermore, a condition of approval requires all employees to park at the
parking site, thereby mitigating any impact from employees parking on the street.
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 nine space parking shortage on the
business site can be accommodated on the parking site without issue, since the parking
site has a surplus of 18 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]
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Resolution No. 17-___________
Downey Planning Commission
10901 & 10924 Paramount Blvd – PLN-16-00304
March 15, 2017 – Page 3
PASSED, APPROVED AND ADOPTED this 15th day of March, 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 March,
2017, by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
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Resolution No. 17-___________
Downey Planning Commission
10901 & 10924 Paramount Blvd – PLN-16-00304
March 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 nine (9) 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) or the surrounding streets. Should there
be more than nine (9) employee vehicles, then vehicles in excess of nine (9) are
permitted to park at 10901 Paramount Blvd.
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Resolution No. 17-___________
Downey Planning Commission
10901 & 10924 Paramount Blvd – PLN-16-00304
March 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.
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