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Home My WebLink AboutPC Reso 11-2726RESOLUTION NO. 11- 2726 PLN CASE NO. 11-00181 - A REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW THE DOWNEY MEMORIAL CHRISTIAN CHURCH PROPERTY AT 8441 FLORENCE AVENUE AND ZONED C -P (PROFESSIONAL OFFICE), AS A SUBSTITUTE LOCATION FOR THREE (3) OFF-STREET PARKING SPACES REQUIRED FOR A PROPOSED DENTAL OFFICE USE AT 8350 FLORENCE AVENUE, TO COMPLY WITH SECTION 9712 OF THE DOWNEY MUNICIPAL CODE. 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 July 18, 2011, Mr. Ali Dibaei submitted a Land Use Permit on behalf of Mr. Pedro Hiram Rodriguez, seeking approval of a conditional use permit to obtain three (3) parking spaces from another property, the Downey Memorial Christan Church at 8441 Florence Avenue. B. The subject properties are zoned C -P (Professional Offices). C. The General Plan designation of the subject property is O (Offices). D. On August 26, 2011, notice of the pending public hearing was sent to all property owners within 500' of the subject site and the notice was published in the Downey Patriot on August 25, 2011. E. The Planning Commission held a duly noticed public hearing on September 7, 2011, and, after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 11-2726, approving PLN 11-00181. SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development has been reviewed and has been found to comply with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, pursuant with Section 9824 of the Downey Municipal Code, the Planning Commission further finds, determines and declares that: A. PLN -11-00181 seeks approval of a conditional use permit to allow the Downey Memorial Christian Church property at 8441 Florence Avenue as a substitute location for three (3) off-street parking spaces necessary for a dental office proposed at 8350 Florence Avenue. The requested use will not adversely effect the intent and purpose of the Downey Zoning Code, Article IX of the Downey Municipal Code, because Municipal Code Section 9726 (Off -Site Parking Facilities) which requires parking to be located on the same lot or parcel of land on that they are intended to serve, states that the Planning Commission may approve a conditional use permit to allow a substitute location within six hundred sixty (660) feet from the principle use for which the parking is being provided, Resolution No. 11-2726 Downey Planning Commission provided that the total number of parking spaces shall not be less than the sum of the requirements for each of the individual uses on all of the parcels and a recorded document (a reciprocal parking easement or a perpetual lease) attests to the parking arrangement. The properties are less than 660 feet apart and the property owners have agreed to a Shared Parking Agreement that will enable the dental office to obtain the amount of off-street parking spaces needed to meet the Code requirements. 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 office building at 8350 Florence Avenue and the Downey Memorial Christian Church property at 8441 Florence Avenue have existed for more than twenty-five years at their respective sites. The requested use will not affect neighboring land uses because the number of parking spaces involved is minimal and because the requested three spaces will not exceed the amount of parking spaces required for the church use. C. That the size and shape of the site proposed for the use is adequate to allow the particular area, because the subject property has been utilized as a church for more than twenty-five years, with sufficient off-street parking in place. In addition, the square footage of neither building is being expanded. D. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. Florence Avenue serves both sites and it is classified as a Major Arterial on the City's Master Plan of Streets and Highways. The volume of traffic that the dental office is estimated to generate will not burden the street. The subject property has been in operation since 1982 and its traffic volumes have not adversely impacted Florence Avenue. Florence Avenue contains two lanes in each direction. It would be able to absorb any additional traffic the requested use may create. 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 PLN -11-00181 (Conditional Use Permit), 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. This Conditional Use Permit shall become null and void unless use has commenced within one year of this approval and pursued diligently to completion or a one-year extension of time granted by the Downey Planning Commission, pursuant to Section 9824 of the Downey Municipal Code. SECTION 6. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of September 2011. Robert Kiefer, Chairman City Planning Commission Resolution No. 11-2726 Downey 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 7th day of September 2011, by the following vote, to wit: AYES: COMMISSIONERS: Morales, Murray, Lujan, Kiefer NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Garcia Theresa Donahue, Secretary City Planning Commission Resolution No. 11-2726 Downey Planning Commission PLN -11-00019 (CONDITIONAL USE PERMIT) EXHIBIT A - CONDITIONS PLANNING 1) The approval of PLN -11-00181 (Conditional Use Permit) to allow the Downey Memorial Christian Church property at 8441 Florence Avenue as a substitute location for three (3) off-street parking spaces necessary for a dental office proposed at 8350 Florence Avenue. Any deviations or exceptions from said site plans, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval by the Downey Planning Commission. 2) 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. 3) Approval of this PLN -11-00181 (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 Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. 5) The Applicant shall comply with all conditions of PLN -1 1-00181 (Conditional Use Permit) before this Conditional Use Permit becomes valid. 6) The Applicant shall obtain all required approvals and permits for tenant improvements performed at the subject location (8350 Florence Avenue.) 7) The total number of parking spaces required for the Downey Memorial Christian Church property at 8441 Florence Avenue and for the office building at 8350 Florence Avenue shall not be less than the sum of the requirements for each of the individual uses on both parcels. 8) The subject properties (8350 Florence Avenue and 8441 Florence Avenue) shall be held in a perpetual lease and such perpetual lease shall remain in effect as long as the parking facilities are required. The owner or owners of these properties on which such parking is to be required and provided shall record an agreement in the Office of the County Recorder as a covenant running with the land for the benefit of the City, guaranteeing that such owner or owners, and their heirs, assigns, or successors in interest, will continue to maintain such parking facilities so long as the building or use they are intended to serve is maintained. 9) The patio deck on the second floor of the office building at 8350 Florence Avenue shall not be converted into office space. Resolution No. 11-2726 Downey Planning Commission 10) A signed and notarized copy of the Shared Parking Agreement between the Downey Memorial Christian Church and Jaime Lopez, owner of the property identified as 8350 Florence Avenue, shall be provided to the City of Downey Community Development Department. 11) The Shared Parking Agreement that is the subject of PLN -11-00181 shall be approved by the City Attorney of the City of Downey before recordation, and shall not be terminated without the approval of the City of Downey. 12) Employees of the dental office at 8350 Florence Avenue, shall park at Downey Memorial Christian Church site during the regular business hours of the dental office. H.\Community Development\Planning Commission\Resolutions\201 1 \1 1-2726.doc