HomeMy WebLinkAbout2. PLN-18-00058 10441 LakewoodSTAFF REPORT
PLANNING DIVISION
DATE: JULY 18, 2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENT
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
PREPARED BY: KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-18-00058 (CONDITIONAL USE PERMIT) – A REQUEST FOR
APPROVAL FOR AN OFF-SITE PARKING AGREEMENT
LOCATION: 10441 LAKEWOOD BOULEVARD AND 10629 LAKEWOOD BOULEVARD
ZONING: 10441 LAKEWOOD BOULEVARD: C-1 (NEIGHBORHOOD COMMERCIAL)
10629 LAKEWOOD BOULEVARD: R1-5,000 (SINGLE-FAMILY
RESIDENTIAL) AND R-3 (MULTI-FAMILY RESIDENTIAL)
REPORT SUMMARY
Mr. Art Ashai, representing the property owner at 10441 Lakewood Boulevard, stated that his
client has acquired the existing children day care and office building on the site. He proposes to
convert the building into medical office use. However, the amount of parking provided on the
site is insufficient by 50 spaces to accommodate the proposed use. As such, the Applicant has
reached an agreement with Temple Ner Tamid to use 50 parking spaces on their property
located at 10629 Lakewood Boulevard. 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-18-00058),
THEREBY ALLOWING A PROPOSED MEDICAL OFFICE AT 10441
LAKEWOOD BOULEVARD, TO ENTER INTO AN OFF-SITE PARKING
AGREEMENT WITH TEMPLE NER TAMID, WHICH IS LOCAT ED AT 10629
LAKEWOOD BOULEVARD
BACKGROUND
The proposed project involves two parcels. The first parcel (hereinafter “business site”), is
located on the northwest corner of Lakewood Boulevard and Cherokee Drive and has an area of
51,000 square feet and is zoned C-1 (Neighborhood Commercial). The lot is improved with a
21,460 square-foot single-story building and is currently being used for children daycare, K-5
private school, and various professional office spaces. The site has 57 parking spaces located
PC Agenda Page 1
10441 & 10629 Lakewood Boulevard – PLN-18-00058
July 18, 2018 - Page 2
to the west and north sides of the building. The properties immediately to the north of the site
are zoned C-1 (Neighborhood Commercial); and the properties to the south, east, and west of
the site are zoned R-1 5,000 (Single-Family Residential) and R-2 (Two-Family Residential).
View of the Applicant’s site from Lakewood Blvd
The second site (hereinafter “parking site”) is a rectangular-shaped, 104,900 square-foot lot,
located on the west side of Lakewood Boulevard, between 6th Street and 7th Street. The
property is zoned R-1 5,000 (Single-Family Residential) and R-3 (Multi-Family Residential). The
lot is improved with 12,800 square-feet Temple Ner Tamid and has 130 parking spaces.
View of the parking site from Lakewood Boulevard
The properties directly adjacent to the parking site are all zoned R-1 5,000 (Single Family
Residential) and include all single-family homes.
On April 27, 2018, the applicant submitted a request for a Conditional Use Permit to use 50
parking spaces at the Temple Ner Tamid as off-site parking. After a complete review of the
submitted material, staff deemed the application complete on May 23, 2018.
On July 5, 2018, 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.
PC Agenda Page 2
10441 & 10629 Lakewood Boulevard – PLN-18-00058
July 18, 2018 - Page 3
DISCUSSION
Pursuant to Downey Municipal Code Section 9712, the number of parking spaces required 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 entire building of 10441
Lakewood Boulevard as medical office. According to Municipal Code Section 9712, medical
offices require one (1) parking space per 200 square feet of gross floor area. As such, the
proposed medical office requires 107 parking spaces.
Since 107 parking spaces required but the business site has only 57 spaces, the Applicant is
requesting to use 50 parking spaces from Temple Ner Tamid, located at 10629 Lakewood
Boulevard, to fulfill the parking requirement for their
use. As noted in the table above, Temple Ner
Tamid has 32 extra parking spaces, but since they
only have services on Friday evening and Saturday
morning, the applicant will be allowed to lease 50
spaces on weekdays. Downey Municipal 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 primary use for which the
off-site parking is being provided. However, the
Planning Commission may grant an exception to
allow a substitute location for up to 1,320 feet from
the subject business site, providing that the
Commissioners must adopt a finding to determine
that a unique circumstance exists to support the
additional distance.
According to the applicant, the parking site is the
only logical site that located within the proximity to
the business site. Staff believes this makes it
unique because there is no other off-site parking
with sufficient spaces available within 1,320 feet
from the business site. The walking distance from
the parking site to the front door of the business is
Use Parking Standard Parking Required Parking
Provided
Business Site
Medical Office
Medical Use:
1 parking per 200 sq. ft. of gross
floor area
107 spaces
(21,460 sq. ft.)
57 spaces
Parking Site
•Fellowship
Hall
Temple Ner Tamid:
1 parking per 5 persons based on
maximum occupancy load of 15
44 spaces
(3,312 sq. ft. /5/15)
130
spaces •Sanctuary 1 parking per 4 seats 36 spaces
(18 pews, 8 seats/pew)
•Classrooms 1.5 parking space per classroom 18 spaces
(12 classrooms)
PC Agenda Page 3
10441 & 10629 Lakewood Boulevard – PLN-18-00058
July 18, 2018 - Page 4
about 1,150 feet, which is well within the 1,320 feet allowance listed in the Municipal Code.
Furthermore, this site will allow the workers to walk from the parking site to the medical office
without crossing Lakewood Boulevard. Staff has prepared conditions of approval for the project
to ensure employees of the medical office park at the designated off-site parking location during
business hours.
The parking requirement for churches/religious facilities is one (1) space per five (5) persons
based on a maximum occupancy load factor of 15. The existing temple contains a fellowship
hall, a sanctuary, 12 classrooms, and 130 parking spaces. Temple Ner Tamid has been
operating since 1959 under an approval of a Zone Exception. Temple Ner Tamid has indicated
that they only have services every Friday at 7:30 p.m. and every other Saturday at 10:00 a.m.
This allows Temple Ner Tamid to lease the Applicant 50 parking spaces on weekdays from 6:00
a.m. to 6:00 p.m. without impacting their operation. The total path of travel from the Applicant’s
location to Temple Ner Tamid is 1,150 feet. Staff is also recommending a condition of approval
to require signs to be posted at the business site to notify customers that additional parking is
available at the parking site.
DEVELOPMENT REVIEW COMMITTEE
This project was reviewed by the Development Review Committee on May 17, 2018. The Fire
and Police Departments had concerned that people will not use the off-site parking lot and walk
to the new medical office. The concerns have been addressed through conditions of approval
for the project. Building and Public Works Departments did not have any concerns and provided
their standard conditions of approval for the project. Recommended conditions of approval
have been included in the attached Resolution to address these concerns.
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 CEQA. Class 1 exemptions consists of projects that involve no expansion of the existing
building or use. The off-site parking agreement will constitute no expansion of the existing
building or 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.
PC Agenda Page 4
10441 & 10629 Lakewood Boulevard – PLN-18-00058
July 18, 2018 - Page 5
This approach increases the parking supply in the area, thus minimizing the impacts
from a lack of parking. The parking site is the only logical site that is located within the
proximity to the business site. It is a unique circumstance because there is no other off-
site parking with sufficient spaces available within 1,150 feet from the business site.
Furthermore, only employees at the medical office site can use the off-site parking from
Monday through Friday. The walking distance from the parking site to the front door of
the business is 1,150 feet, which is well within the 1,320 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 at the business site 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 50 space parking shortage on the
business site can be accommodated on the parking site without issue, since the parking
site does not operate during weekdays. The parking site will have services on Friday at
7:30 p.m. after the business employees leave the site. 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 on the west side along Lakewood Boulevard. 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 Lakewood Boulevard, regardless of parking
location, the parking agreement will not create an undue burden on Lakewood Boulevard.
CORRESPONDENCE
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
PC Agenda Page 5
10441 & 10629 Lakewood Boulevard – PLN-18-00058
July 18, 2018 - Page 6
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. Furthermore, all four findings required to approve a conditional use permit
can be made in a positive manner. As such, staff recommends that the Planning Commission
approve the Conditional Use Permit, subject to the recommended conditions of approval.
EXHIBITS
A.Maps
B.Draft Resolution
C.Parking Agreement
D.Project Plans
PC Agenda Page 6
10441 & 10629 Lakewood Boulevard – PLN-18-00058
July 18, 2018 - Page 7
MAPS
VICINITY MAP
AERIAL MAP
PC Agenda Page 7
10441 & 10629 Lakewood Boulevard – PLN-18-00058
July 18, 2018 - Page 8
Parking
Site
Business
Site
R-1 8,500
R-1 5,000
R-1
7,500
ZONING MAP
PC Agenda Page 8
RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A CONDITIONAL USE PERMIT (PLN-18-00058),
THEREBY ALLOWING A PROPOSED MEDICAL OFFICE AT 10441
LAKEWOOD BOULEVARD, TO ENTER INTO AN OFF-SITE PARKING
AGREEMENT WITH TEMPLE NER TAMID, WHICH IS LOCATED AT 10629
LAKEWOOD 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 April 27, 2018, the applicant submitted a request for a Conditional Use Permit to
request for approval an off-site parking agreement between a proposed medical office at
10441 Lakewood Boulevard and the property at 10629 Lakewood Boulevard; and,
B.On May 23, 2018, after a careful review of the submitted information, staff deemed the
application complete; and,
C.On July 5, 2018, 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 July 18, 2018, 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. The
parking site is the only logical site that is located within the proximity to the business site.
It is a unique circumstance because there is no other off-site parking with sufficient
spaces available within 1,150 feet from the business site. Furthermore, only employees
at the medical office site can use the off-site parking from Monday through Friday. The
walking distance from the parking site to the front door of the business is 1,150 feet,
which is well within the 1,320 feet allowance listed in the Municipal Code.
PC Agenda Page 9
Resolution No. 18-
Downey Planning Commission
10441 & 10629 Lakewood Blvd – PLN-18-00058
July 18, 2018 – Page 2
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 at the business
site 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 50 space parking shortage on the
business site can be accommodated on the parking site without issue, since the parking
site does not operate during weekdays. The parking site will have services on Friday at
7:30 p.m. after the business employees leave the site. 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 on the west side along Lakewood
Boulevard. 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 Lakewood
Boulevard, regardless of parking location, the parking agreement will not create an undue
burden on Lakewood 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-18-00058) 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. 18-
Downey Planning Commission
10441 & 10629 Lakewood Blvd – PLN-18-00058
July 18, 2018 – Page 3
PASSED, APPROVED AND ADOPTED this 18th day of July, 2018.
Patrick Owens, 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 18th day of July,
2018, 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. 18-
Downey Planning Commission
10441 & 10629 Lakewood Blvd – PLN-18-00058
July 18, 2018 – Page 4
CONDITIONAL USE PERMIT (PLN-18-00058)
EXHIBIT A - CONDITIONS
PLANNING
1)The approval of this Conditional Use Permit allows for an off-site parking agreement by
and between a proposed medical office, located at 10441 Lakewood Boulevard and
Temple Ner Tamid, located at 10629 Lakewood Boulevard.
2)An affidavit of Acceptance of Conditions, as provided by the City of Downey, shall be
sign, notarized, and returned to the Planning Division within thirty (30) days of approval.
This approval will be considered invalid until this condition has been fulfilled.
3)Approval of this Conditional Use Permit 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.
4)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.
5)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.
6)Prior to the commencement of business of the medical office (10441 Lakewood Blvd),
the off-site parking agreement shall be signed by all parties (including the City of
Downey) and be recorded to both properties.
7)The property owner of 10629 Lakewood Blvd shall provide fifty (50) parking spaces for
the medical office at 10441 Lakewood Blvd. The parking spaces shall be available to
employees of the medical office, from Monday through Friday, between 6:00 a.m. and
6:00 p.m. These spaces shall not be leased out to another party.
8)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.
PC Agenda Page 12
Resolution No. 18-
Downey Planning Commission
10441 & 10629 Lakewood Blvd – PLN-18-00058
July 18, 2018 – Page 5
9)Employees of the medical office shall park in the off-site parking spaces and shall not
park on the business site (10441 Lakewood Blvd) or the surrounding streets.
10)The Applicant/Owner shall post signs on the business site to notify customers that
additional parking is available at 10629 Lakewood Boulevard.
BUILDING
11)The ADA parking spaces, located at 10441 and 10629 Lakewood Boulevard shall be van
accessible and shall be relocated so as to not block access to another vehicle.
FIRE
12)Both properties must maintain access for emergency medical services and the fire
department.
PC Agenda Page 13
PC Agenda Page 14
PC Agenda Page 15
PC Agenda Page 16
PC Agenda Page 17
PC Agenda Page 18
PC Agenda Page 19
PC Agenda Page 20