HomeMy WebLinkAbout01. Appeal of the Planning Comm Denial of CUP - 10441 & 10629 Lakewood BlvdSEPTEMBER 11, 2018
PAGE 2
The Planning Commission conducted a duly noticed public hearing to consider t e app cant s
request on July 18, 2018. During the hearing, the applicant and his representative spoke on
the matter. Additionally, a representative of Temple Ner Tamid spoke in favor of the request,
while two residents spoke and one letter was submitted in opposition. The primary concern of
the opposon is employees would not use the off-site parking, particularly in inclement weather,
and instead will park on the business site or on surrounding streets.
of the public speakers. The Commission also expressed concerns for safety of employees
walking between the business site and the off-site parking. The Planning Commission found
ihey could not make all the findings necessary to approve the Condonal Use Perm t. n
rendering their decision, the Planning Commission found the distance between the parking
spaces and business too excessive, which would result in employees parking on the streets and
impacting the adjoining residence& As a result, the Planning Commission voted 5-0 to deny the
Conditional Use Permit and directed staff to bring back a resolution of denial for their
consideration. On August 1, 2018, the Commission adopted Resolution No. 18-3064, by a 4-0-
1 vote with Commissioner Flores being absent, thereby ratifying their decision.
On August 15, 2018 the applicant filed an appeal of the Planning Commission's denial and is
asking the City Council to overturn the Commission's decision, thus approving the Conditional
Use Permit to allow the off-site parking agreement.
[a] 11 W&K6111If] V
Public Engagement
FISCAL IMPACT
This request will not have an impact to the general fund.
ATTACHMENTS
Attachment A — Resolution
B — Draft Planning Commission Minutes Excerpts, dated July 18, 2018
Resolution No. 18-3064
D — Map of Business and Parking Site
E — Planning Commission Staff Report, dated July 18, 2018
F — Planning Commission Staff Report, dated August 1, 2018
G — Correspondence Received
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING AN APPEAL, THEREBY UPHOLDING THE PLANNING
COMMISSION'S DENIAL OF A CONDITIONAL USE PERMIT FOR A
PROPOSED OFF-SITE PARKING AGREEMENT BETWEEN 10441 AND 10629
LAKEWOOD BOULEVARD
WHEREAS, 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,
WHEREAS, on May 23, 2018, staff deemed the request complete; and,
WHEREAS, on July 18, 2018, the Planning Commission conducted a duly noticed public
hearing to consider the application. After fully considering all oral and written testimony and
facts and opinions offered at the aforesaid public hearing, the Planning Commission voted 5-0
to deny the requested application and directed staff to prepare an appropriate resolution; and,
WHEREAS, on August 1, 2018, the Commission adopted Resolution No. 18-3064, by
4-0-1 vote with Commissioner Flores being absent, thereby ratifying their decision; and,
WHEREAS, on August 15, 2018, the applicant filed a timely appeal requesting the City
Council overturn of the Planning Commission's action; and,
WHEREAS, on August 30, 2018, notice of the pending public hearing was published in
the Downey Patriot and mailed to all property owners within 500 -feet of the both properties in
accordance with the requirements of the Downey Municipal Code; and,
WHEREAS, the City Council held a duly noticed public hearing on September 11, 2018,
to fully consider all oral and written testimony and facts and opinions regarding the the appeal of
the denial of the Conditional Use Permit; and,
WHEREAS, the City Council finds, determines and declares it has reviewed this action
for compliance with the requirements of the California Environmental Quality Act (CEQA).
Based on its own analysis and consideration, it was found that denying the appeal is statutorily
exempt from CEQA, pursuant to Guideline Section No. 15270 (Projects which are disapproved)
and,
WHEREAS, having considered all of the oral and written evidence presented to it at said
public hearing, the City Council further finds, determines and declares that:
A. The Conditional Use Permit cannot be approved because the requested use will
adversely affect the adjoining land uses and the growth and development of the area in
which it is proposed to be located. The 1,150 feet path of travel from the parking site to
the proposed medical office is too excessive for people to walk. This makes it more
difficult when people walk in the rain and in extreme heat to get to the proposed medical
office. As a result, people will park at the business lot and on adjacent streets, creating
a parking shortage for patrons of the business and adjoining residents. Furthermore,
there is a great concern about the use of the off-site parking only being available for use
Attachment"
RESOLUTION NO. 18 -
PAGE 2
Monday through Friday since the proposed medical use could operate on weekends;
and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. All the recitals above are true and correct and are incorporated by
reference herein,
SECTION 2. Based upon the findings set forth in this resolution, the City Council of the
City of Downey hereby denies the appeal, thereby upholding the Planning Commission's denial
of a Conditional Use Permit for a proposed off-site parking agreement between 10441 and
10629 Lakewood Boulevard.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 11'h day of September, 2018.
SEAN ASHTON, Mayor
F-1vit4w
MARIA ALICIA DUARTE, CMC
City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 10th day of July, 2018 by the following vote,
to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk
Draft Planning Commission
Minutes July 18, 2018
the existing home with a three foot side yard setback along the north side property line (instead of the
required five feet). This application was reviewed by the Development Review Committee and expresses
no major concerns in opposition of the project. Associate Planner Hernandez concluded that all findings
required for approval can be made in a positive manner.
The Commissioners reviewed the following with staff: 1) The City Code as it pertains to the
Variance; 2) setbacks and narrow lot widths in the surrounding area; 3) the exceptional character of
the lot prevents the property owner from constructing a garage that conforms to the current code.
Disclosures: None.
Correspondence: None.
Public Comments: None.
Staff gave recommendation to adopt a resolution of approval of the request for a Variance (PLN -18-
00040).
The Commissioners spoke in favor of the request for a Variance.
It was moved by Vice Chairman Dominguez, seconded by Commissioner Flores, and passed by a
5-0 vote, to adopt Resolution 18.3061 thereby approving the request for a Variance (PLN -18-00040).
2. PLN -18-00058 (Conditional Use Permit): Chairman Owens opened the public hearing for PLN -
18 -00058 and Ms. Cavanagh affirmed proof of publication.
Assistant Planner Kevin Nguyen presented the request for approval of an off-site parking agreement
between the properties located at 10441 Lakewood Boulevard, zoned C-1 (General Commercial),
and 10629 Lakewood Boulevard, zoned R-1 (Single -Family Residential) and R-3 (Multi -Family
Residential). The property owner at 10441 Lakewood Boulevard is proposing to establish a medical
office within an existing commercial building; however, the amount of parking provided on the site is
insufficient by 50 spaces in order to accommodate the proposed use. As such, the Applicant has
reached an agreement with the Temple Ner Tamid, to use 50 parking spaces on their property located at
10629 Lakewood Boulevard to satisfy the minimum parking requirement. Mr. Nguyen reviewed the
surrounding Commercial, Single -Family and Multi -Family Residential uses surrounding the subject sites.
The Commissioners discussed the following with staff: 1) the number of parking spaces required
during the temples weekend services; 2) the number of employees and staff parking requirements
3) the Fire Department requirement regarding red curbing and Fire lane remaining open; 4) and the
effect the proposed project may have on residential parking.
Disclosures: Commissioner Flores disclosed he drove by and walked the area. Vice Chairman
Dominguez walked to and from each site and observed the flow of traffic.
Applicant Art Ashai, 2173 Lomita Boulevard #201, Lomita, CA 90717 briefly discussed the property
owner's medical background and his intent in establishing a medical office building. Based on his
recommendation, the owner was able to reach an agreement to share parking with a neighboring
property one block away. The applicant is also requesting the proposed pharmacy to remain open on the
weekend.
Dr. Jivrajka, property owner, gave a brief history of his medical background prior to his retiring. He
decided to open a medical center after several of his family members opened practices in Downey, and
-2-
Attachment "B"
Draft Planning Commission
Minutes July 18, 2018
would like to add a pharmacy and urgent care.
Michael Barsky, representing Temple Ner Tamid, stated he is the fourth Vice President in charge of the
temple's building and facilities, and a 47 year Downey Resident. He finds the parking agreement to be
perfectly suited for the applicant's and Temple's use, based on the hours of operation. The Temple's
services begin at 7:30 p.m. on Fridays and occasionally rented out on Saturday evenings, yet on the
busiest night, the lot is not full. The board of directors had no concerns with the parking as ,only a small
portion of the lot is utilized. Although the applicant hadn't negotiated Saturday use; there wouldn't be a
problem because the parking lot is never fully utilized.,
Correspondence: Staff received (2) two phone calls and (1) one letter in opposition of the project.
Dale Williamson, 10423 Tristan Drive, Downey, spoke in opposition of the parking agreement, citing
significant parking concerns on Cherokee Drive. He disputed the single address 10441 Lakewood
Boulevard reflected in the staff report for the proposed medical building noting the site also occupies
10445 Lakewood Boulevard and questioned the accuracy of the required number of parking spaces for
both addresses. Mr. Williamson stated he measured the walking distance between the subject site(s) as
1,150 feet and does not believe the patients or employees would walk a"% mile for parking. He
submitted aerial photos of the site(s) to Secretary Cavanagh for distribution to the Commissioners and
discussed the potential impact to the residential area that is already severely impacted by the
neighboring dental office, and the former preschool that occupied the subject site, which required less
parking. He found the conditions of approval to be weak and concerned that the number of employees to
calculate the estimated parking that had not been identified.<
Commissioner Dominguez asked staff if the two addresses for the subject site would require additional
parking.
City Planner Blumenthal explained it is po<
is approved, it can be subdividedout to srr
of the building and the entitlements apply 1
same no matter the number of addresses.
Chairman Owens questioned the current parking situation for the business operating next to the
proposed project site (Homestead and Senior'Care). Mr. Ashai explained that this is an existing business
that provides only home care, therefore, they do not have walk in patients and the personnel leave go to
the client's site(s) for home the care. At this time they are utilizing the parking previously assigned to the
preschool.
Gabriel Reyes, Tristan Drive, expressed concerns of the residents on Tristan Drive and Cherokee Drive.
The clients and/or employees will park on the residential streets as do the staff/clients of the nearby
dental office. His home is further from the dental office and is also affected by the parking generated by
the business. The businesses that exist in the area are smaller than the proposed medical use, which will
have an even greater impact on the residential neighbors. He finds it highly unlikely that employees
and/or patients would be willing to walk to the parking site during inclement weather.
Commissioner Frometa'asked staff if the applicant's would be allowed to operate using a valet service to
ensure the parking spaces would be utilized. City Planner Blumenthal explained that valet parking
requires a CUP and was not included as part of this application; the applicant would have to submit a
new request for valet service.
Vice Chairman Dominguez questioned the need for valet service if the parking is to be utilized by the
employees. Director of Community Development Schindler explained the business has the strongest
ability to manage their employees; therefore, you mandate the employees to park at that site. The goal is
to increase the parking available for those business uses and not limited to the employees.
-3-
Draft Planning Commission
Minutes July 18, 2018
Mr. Reyes reiterated his concern that the parking spaces will not be utilized, and the additional parking
would not be sufficient operate with an urgent care and pharmacy at the subject site.
Applicant Rebuttal Mr.-Ashai explained the request for the parking agreement was to prevent parking
issues in the residential neighborhood. The site is one parcel addressed as 10441 Lakewood Boulevard;
two buildings are located on the one parcel, each having their own address. He disputed the 1100 foot
distance from Cherokee Drive to the Temple. He also took measurements for the sake of accuracy and
measure 500 feet between Cherokee Drive and Seventh Street and 100 feet to the temple. The owner's
intent is to set up multiple suites at the site, therefore the number of employees is unknown. The
estimated parking needed was based on (6) six doctors' offices, each having approximately (6) six to (7)
seven employees, projecting the additional parking needed is between 30 to 50 spaces. The owner is
doctor and in his experience, the medical staffs are used to walking approximately 2,000 to 3,000 feet to
the parking lot, and as much as 5,000 feet for a hospital He made note that many people no longer drive
to their appointments; they utilize ride sharing services such as Uber or Lyft, etc.
Commissioner Flores asked if a physician would be considered an employee, thereby required to park at
the lot. Mr. Ashai was unable to confirm and suggested limiting parking to one to hours to prevent
employees from parking at the subject site.
Dr. Jivrajka, discussed his experience during his time in practice whereas the need to park near the office
was due to the need to travel to and from the hospital up to five times a day, whereas the current trend is
for doctor's work solely in their office or at a hospital thereby eliminating the need to park near the office.
Commissioner Flores asked if he is agreeable to a condition requiring doctors as well as employees to
park at the off-site parking. Dr. Jivrajka believes they would be agreeable to the parking restriction as it
would not be beneficial for their patience and practice(s).
Commissioner Frometa stated the applicant cannot force staff to park in the off-site lot. Dr. Jivrajka
advised the Commission that they would include the requirement to park in the off-site lot in the lease.
Staff gave recommendation to adopt a resolution of approval of the request for an off-site parking
agreement (PLN -18-00058) with the following modified conditions of approval based on the public's
testimony this evening.
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. For the purposes of
this condition, employees shall include but isnot limited to all medical practitioners
and the business owners; the property owners shall include this provision in all leases.
11) The hours of operation for all business operating at the property located at 10441
Lakewood Boulevard shall be limited to 6:00 a.m. to 6:OO p.m. Monday through Friday only.
Chairman Owens closed the public hearing.
The Commissioners spoke in favor of the medical use and in opposition of the parking agreement, -
citing the inability to enforce the parking agreement and the negative affect it will have on the
neighboring residential properties.
It was moved by Vice Chairman Dominguez, seconded by Commissioner Flores and passed by a
5-0 vote to deny the request for a Conditional Use Permit (PLN -18-00058); thereby directing staff to
return with a Resolution of denial
• _ 1A PUBLIC COMMENTS:R•
-4-
i, 0 0 M11,
11 ki ICIL916A J1 I J1 I NI kl, Kolai 1 i
f i, � r• 1 1 1 i' i` i
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 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, facts, and opinions offered at the
aforesaid public hearing directed staff to prepare a resolution of denial based on the
inability to make of the required findings in a positive manner; and,
E. On August 1, 2018, the Planning Commission adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares it has
reviewed the project for compliance with the requirements of the California Environmental
Quality Act (CEQA). Based on its own analysis and consideration, it was found that the project
is statutorily exempt from CEQA, pursuant to Guideline Section No. 15270.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
A. The requested use will adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located. The 1,150 feet path of
travel from the parking site to the proposed medical office is too excessive for people to
walk. This makes it more difficult when people walk in the rain and in extreme heat to
get to the proposed medical office. As a result, people will park at the business lot and
on adjacent streets. Furthermore, there is a great concern about the use of the off-site
parking that limited to only Monday through Friday because the proposed medical use
could open on Saturdays.
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 denies Conditional Use
Permit (PLN -18-00058).
Attachment "C"
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 WOO LaKeWOOQ' blVQ'
The second site (hereinafter "parking ; site") is a rectangular -shaped, 104,900 square -foot lot,
located on the west side of Lakewood Boulevard, between 61h Street and '7°h 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.
10441 & 10629 Lakewood Boulevard —PLN -18-00058
July 18, 2018 - Page 2
PQ Agenda -Page 2
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.
Use
Parking Standard
Parking Required Parking
Provided
Business Site
Medical Use:
1 parking per 200 sq. ft. of gross
107 spaces 57 spaces
p p
Medical Office
floor area
21,460 s ft.
q' )
Parking Site
Temple Ner Tamid:
44 spaces
Fellowship
1 parking per 5 persons based on
(3,312 sq. ft. /5/15)
Hall
maximum occupancy load of 15
130
Sanctuary
1 parking per 4 seats
36 spaces spaces
18 ews, 8 seats/ ew
Classrooms
1.5 parking space per classroom
18 spaces
12 classrooms
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
10441 & 10629 Lakewood Boulevard — PLN -18-00058
July 18, 2018 - Page 3
a' .r �r #,
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.
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.
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,
ExistingFacilities). 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 apolicy (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.
10441 & 10629 Lakewood Boulevard — PLN -18-00058
July 18, 2018 - Page 4
PC Agend e
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.
requestedB. The 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.
proposedThe size and shape of the site for the use is adequate to allow
development of the proposed use in a manner not detrimental to the particular
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.
rThe traffic generatedby proposed Use will not impose an undue burden upon
the streets • 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.
As of the date that this report was printed, staff has not received any correspondence regarding
this application.
10441 & 10629 Lakewood Boulevard — PLN -18-00058
July 18, 2018 - Page 5
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.
AMaps
B. Draft Resolution
C.
♦ Agreement
D. Project Plans
10441 & 10629 Lakewood Boulevard — PLN -18-00058
July 18, 2018 - Page 6
PC Agenda PacLe 6
VICINITY
AERIAL MAP
10441 & 10629 Lakewood Boulevard — PLN -18-00058
July 18, 2018 - Page 7
EQ
da Fags
10441& 10629 Lakewood Boulevard —PLN -18-00058
July 18, 2018 - Page 8
PC A P P
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:
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.
Resolution No. 18 -
Downey Planning Commission
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 61 The Secretary shall certify the adoption of this Resolution.
10441 & 10629 Lakewood Blvd — PLN -18-00058
July 18, 2018 — Page 2
P ra Page 10
.�kesolution No. 18-
1111111111
I HEREBY CERTIFY that the foregoing is a true copy of a Resolu ion adopted, by the Plannin'l
Commission of the City of Downey at a regular meeting thereof, held on the I& day of July,
2018, by the following vote, to wit: I
Mary Cavanagh, Secretary
City Planning Commission
1n4418^1O628Lakewood Blvd —PLN'18-VV05V
July 10.2O18—Page 3
Resolution No. 18 -
Downey Planning Commission
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 Actor 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.
10441 & 10629 Lakewood Blvd — PLN -18-00058
July 18, 2018 — Page 4
P g nd p g
Resolution No. 18 -
Downey Planning Commission
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 onthe '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.
10441 & 10629 Lakewood Blvd — PLN -18-00058
July 18, 2018 — Page 5
PC Acienda'P
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO,
CITY OF DOWNEY
ATTN: Community Development Dept.
I I I I I Bro1ks1fire Avenue
Downey, California 90241
EXEMPT FROM RECORDING FEES PER Space above this line for Recorder's Office
GOWT CODE SECTION 6103
This Off -Site Parking Agreement ("Agreement") is made and entered into as of this
twenty-eighth day of March, 2017 (the Date"), by and between the City of Downey,
municipal corporation and charter city (herein called "City"), and MMN Capital, LLC (herein
called "Lessee") and Temple Ner Tamid (herein called "Lessor") collectively referred to herei
as the "Parties". I
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 July 18, 2018, and approved
Applicant5 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:
I . Temple Ner Tamid, the owner of the Property located at 10629 Lakewood Boulevard,
Downey, California, as legally described in Exhibit A, agrees to provide MMN Capital, LLC,
C'Lessee"), the owner of property located at 10441 Lakewood Boulevard, Downey, California,
with the right to use fifty (50) parking spaces, as shown on Exhibit :• this Agreement on
property located at 10629 Lakewood Boulevard, Downey, California as legally described
Exhibit A.
OFF-SITE PARKING AGREEMENT (DMC 9726)
[Signatures on the Next Page]
OFF-SITE PARKING AGREEMENT (DMC 9726)
I•: .: %..
MMN Capital, LLC,
Project Applicant,
Date: 7 - 6t e-)
x.
Party Supplying the Par ldng Spaces:
QIN�Aw
Yvette M. Abich Garcia,
NMO)o
TAM
2MM
Aldo Schindler,
Community Development Director
Date:
EXHIBIT A
• • ••,i• •
SOUTHWESTERLYLEGAL DESCRIPTION Real property in the City of Downey, County of Los Angeles ' State o
California, described as follows: BEGINNING AT THE MOST NORTHERLY CORNER 0
TRACT NO. 8326, RECORDED IN BOOK 115, PAGE 98 OF MAP, THENCE ALONG TH
I OF 1 PARCEL 2 OF D"
RECORDED IN BOOK 130, PAGE 502 OF DEEDS, NORTH 570 52'50" WEST 425.74 FEE
TO
POINT THAT IS SOUTH52'50"EAST •FEET FROM1. •
IN CONCRETEMOST r CORNER OF • OF ' . NO. 911
RECORDED I BOOK 120, PAGE 84 OF .': NORTH1 11
744.30 FEET TO THE MOST• i• r' OF 1 LAND DESCRIBED
DEED RECORDED IN BOOK 21123, PAGE 74, OFFICIAL RECORDS, AND THE T
POINT OF BEGINNING OF DESCRIPTION; •' • 03'00" EAST 1
PARALLELFEET; THENCE •RTH EASTERLY LINE OF #
DESCRIBED IN SAID DEED RECORDED IN BOOK 21123, PAGE 74 'OFFICIA.
RECORDS, i 1 1/ FEET, MOREOR LESS, TO TH
NORTHWESTERLY OF ••D BOULEVARD,DESCRIBED
DEED TO STATE OF •' ` RECORDED AS INSTRUMENTNO. •
SOUTHWESTERLYJANUARY 24, 1949, IN BOOK 29235, PAGE 254, OFFICIAL RECORDS, THENC
•NORTHWESTERLY
CONCAVE NORTHWESTERLYHAVING A RADIUS OF 9950 FEET TANGENT TO
1 BEARINGSOUTHWESTERLY,DISTANCE•
205.84 FEET, MORE OR LESS, TO A LINE THAT BEARS SOUTH 58- 51'22" EAST AN
THE PASSES THROUGH THE TRUE POINT OF BEGINNING, THENCE NORTH 58- 5
22" WEST 520.99 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
OFF-SITE PARKING AGREEMENT (DMC 9726)
ACKNOWLEDGMENT
on before me, Wo4 A4�61iar, Aiaqk�a
(In�ertddkh and4title of tW officer)
personally appeared
loll
n4t4e(4 on the instrument the
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forego ng
paragraph is true and correct.
KI
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valid of that docurnent':
State of California
County of Lnr,1
On before me,
(in rt n e and We of the o cer)
I certify under PENALTY OF - laws of - State of California that the foregoing
a .yLUCY t :
WITNESS m ILAR
hand •: official'
Notary Public - Callloenls
Los Anpla CW*
. '"
•
EXHMIT B
DEPICTION OF OFF-SITE PARKING SPACES
L
0
0
L
4 Tif -S'T-it F'E T"_
_T T
OFF-81YE AS PER LEASE OFF TE PARKING
AGREEMENT(SEE T -M)
6TH STREET
OFF-SITE PARKING AGREEMENT (DMC 9726)
DATE: AUGUST 1,_2018
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DIRECTOR OF COMMUNITY DEVELOPMENTk5
REVIEWED BY: DAVID BLUMENTHAL, CITY PLANNER
SUBJECT: ADOPTION OF RESOLUTION OF DENIAL FOR CONDITIONAL USE
PERMIT (PLN -18-00058)
LOCATION: 10441 LAKEWOOD BOULEVARD AND 10629 LAKEWOOD BOULEVARD
ZONING' 10441 LAKEWOOD BOULEVARD: C-1 (NEIGHBORHOOD COMMERCIAL)
10629 LAKEWOOD BOULEVARD,000 (SINGLE-FAMILY
RESIDENTIAL) AND R-3 (MULTI -FAMILY RESIDENTIAL)
On July 18, 2018, the Planning Commission conducted a duly noticed public hearing to consider
an off-site parking agreement application. At the conclusion of the hearing, the Planning
Commission voted 5-0 to deny the project and directed staff to prepare a resolution of denial for
the Commission's consideration. As such, staff is presenting the following resolution for the
Planning Commission's consideration:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
DENYING CONDITIONAL USE PERMIT (PLN -18-00058), FOR A PROPOSED
OFF-SITE PARKING AGREEMENT BETWEEN 10441 AND 10629 LAKE
BOULEVARD
RESOLUTION OF THE PLANNING COMMISSIONOF i'
DENYING • • 101 FOR A PROPOSED
OFF-SITE 1 lLAKEWOOD
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, facts, and opinions offered at the
aforesaid public hearing directed staff to prepare a resolution of denial based on the
inability to make of the required findings in a positive manner; and,
E. On August 1, 2018, the Planning Commission adopted this resolution.
SECTION 2. The Planning Commission further finds, determines and declares it has
reviewed the project for compliance with the requirements of the California Environmental
Quality Act (CEQA). Based on its own analysis and consideration, it was found that the project
is statutorily exempt from CEQA, pursuant to Guideline Section No. 15270.
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
A. The requested use will adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located. The 1,150 feet path of
travel from the parking site to the proposed medical office is too excessive for people to
walk. This makes it more difficult when people walk in the rain and in extreme heat to
get to the proposed medical office. As a result, people will park at the business lot and
on adjacent streets. Furthermore, there is a great concern about the use of the off-site
parking that limited to only Monday through Friday because the proposed medical use
could open on Saturdays.
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 denies Conditional Use
Permit (PLN -18-00058).
W.
rxesolution No. 18 -
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 1't day of August
2018, by the following vote, to wit:
Mary Cavanagh, Secretary
City Planning Commission
1O441&1VO20Lakewood Blvd —PLN'18-0U858
RECEIVED
JUL 17 2018
PLANNING
City of Downey
8714 Cherokee Dr.
Downey, CA
proposed medical building on 10441 Lakewood. I do not approve nor want this project
to go forward due to the following reasons.
1. Preschool: located on premise 10441 Lakewood that has very limited parking due to
partial parking lot is utilized as a playground for the kids. Parents are parking on our
streets are flooded with cars everywhere. They have VERY LIMITED parking for such
building requirements and students enrolled.
U. Dental Office: Recently the dental office has remodeled and expanded it's services to
attract more clients. Every day their staff and clients park all over our street on Cherokee
and Tristan Ave. They too have very limited parking on their lot. At a minimum we
count 3-5 employees parking on our streets every business day they are open plus their
clients.
III. Apartments: The apartments on 10517 and 10531 Lakewood use our streets to park.
They had a verbal agreement with the dental office to park overnight (as per manager's
cawpuw* 'too"ll
their apartments from our street. They leave trash that we have to pick up. A few park
their cars for a couple of days then move it to another side to avoid tickets/strcet
sweeping.
IV Church Mystery: Twice a year there is an outside church not from our area that
uses Tristan, Bellman, and Cherokee streets to park cars for 3 days. Over 80 cars will
start parking from Friday 5 am - Sunday 8 pm. The most recent one happenedJune
15-17 of this year. I've seen them walk with luggages to Sizzler Restaurant to get picked
up by many charter buses. They are going to some mountain retreat. They are not from
our area but yet park all over and inconvenience all of us. They park so close to our
driveways that we can barely drive into our garages. The city has been informed but no
action has been taken due to code of allowing 72 hour parking. We are tired of this
FOW WT.]
V Future Medical Building: I do not believe that ill clients are going to walk 2 1/2
blocks from TEMPLE NER TAMID for treatment since they are ill. If they need 50
parking spots for employees then imagine how many patients will be showing up?
P-1lui anrgiven-time-.-
They will want to park on our already crowed streets. I also don't believe the employees
will be walking 2 1/2 blocks for parking if it is cold, raining, or other factors.
Our neighbors are getting tired of being used as a parking lot and we can't enjoy our
homes and streets due to many outsiders parking and leaving their trash (food, broken
bottles, noise, etc). When will our representatives find solutions to remedy this ongoing
problems? There is no parking allowed on Lakewood Blvd. and so all cars use Cherokee
Drive,Tlistan, and Bellman Street.
I say no to this badly planned parking proposal that is filled with empty prom ses an
limited adequate parking spots for the area. Our neighbors are fed up with business
clients and apartment dwellers using our SFR home streets for their convenience.
NOTE: Does this letter allow me to present objections in future meetings pertaining to
MEDICAL P'' 'r Modification? I may not be able to attend this
coming Wednesday and I don't want to lose my right to challenge any decisions made.
zzm=