The URL can be used to link to this page

Home My WebLink AboutPC Resolution 17-3018RESOLUTION NO. 17-3018 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: 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 Resolution No. 17-3018 Downey Planning Commission 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] 10901 & 10924 Paramount Blvd — PLN -16-00304 March 15, 2017 — Page 2 Resolution No. 17-3018 Downey Planning Commission 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: Rodriguez, Owens, Dominguez and Duarte NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Flores Mary Ca anagh, Secreta City Planning Commission 10901 & 10924 Paramount Blvd — PLN -16-00304 March 15, 2017 — Page 3 Resolution No. 17-3018 Downey Planning Commission 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 ten (10) 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 ten (10) employee vehicles, then vehicles in excess of ten (10) are permitted to park at 10901 Paramount Blvd. 10901 & 10924 Paramount Blvd — PLN -16-00304 March 15, 2017 — Page 4 Resolution No. 17-3018 Downey Planning Commission 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. 10901 & 10924 Paramount Blvd — PLN -16-00304 March 15, 2017 — Page 5