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HomeMy WebLinkAboutResolution No. 09-7147 - Uphold Appeal, Sign Program 08-76, 9200-9250 Lakewood/9009-9027 GallatinRESOLUTION NO. 09-7147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY UPHOLDING AN APPEAL, THEREBY MODIFYING THE PLANNING COMMISSION’S APPROVAL OF PLANNED SIGN PROGRAM NO. 08-76 AND APPROVING THE LOCATION AND APPEARANCE OF THE SIGNS WITHIN A MULTI-TENANT COMMERCIAL SHOPPING CENTER ON PROPERTY LOCATED AT 9200-9250 LAKEWOOD BLVD & 9009-9027 GALLATIN ROAD AND ZONED C-2 (GENERAL COMMERCIAL). THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A.On June 4, 2008, the applicant (Southland Development) submitted an application for Planned Sign Program No. 08-76, requesting approval of the size, location, and appearance of the signs within the existing shopping center. After a review of the request, staff deemed the application incomplete due to missing information on the project plans. The application was resubmitted on December 15, 2008, and as a result staff deemed the application complete on January 7, 2009; and, B.On April 15, 2009, the Planning Commission of the City of Downey held a duly noticed public hearing, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted Planning Commission Resolution No. 09-2577, approving Planned Sign Program No. 08- 76 and C.On April 29, 2009, the applicant filed a timely appeal of the Planning Commission’s decision, requesting the City Council modify the Conditions of approval set forth in Planning Commission Resolution No. 09-2577; and, D.On July 1 , 2009, notice of the pending public hearing was mailed to all property owners within 500’ of the subject site. Additionally, the public notice was published in the Long Beach Press-Telegram on July 3, 2009; and. E The City Council held a duly noticed public hearing on July 14, 2009, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing upheld the appeal, thereby modifying the Planning Commission’s approval. On July, 28, 2009, the City Council adopted this resolution, which is subject to conditions of approval (Exhibit A), affirming their action SECTION 2. The City Council further finds, determines and declares the environmental impact of the proposed development 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 No. 15301 (Class 1, Existing Facilities). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the City Council further finds, determines and declares that: 1. The proposed Planned Sign Program is permitted within the zone and complies with all applicable provisions of this chapter, the General Plan, and any other applicable standards. The subject site is within the C-2 zone, which permits the use of wall signs, monument signs, and freestanding signs. The proposed Planned Sign Program limits the RESOLUTION NO. 09-7147 PAGE TWO signs appropriately and the applicant is not requesting any deviations to the provisions of the Code. 2.The sign is in proper proportion to the structure or site on which it is located. The wall signs have been limited in size, such that they fit onto the sign elements of the elevations. Furthermore, due to the size of the site, it has been deemed appropriate to limit the number of tenant panels on the freestanding signs to six. Based on a review of the proposed signs and the general size and layout of the site, it is hereby determined that all of the signs will be in proper proportion to the building facades and the site as a whole. 3.The sign materials, color, texture, size, shape, height, and placement are compatible with the design of the structure(s), property, and neighborhood of which it is a part. As noted in the previous finding, the signs have been found to be compatible with the building and the site. This includes a condition of approval to alter the appearance of the freestanding signs that has been imposed on the approval. With this condition, the sign materials, color, texture, size, shape, height, and placement are compatible with the design of the structure(s), property, and neighborhood 4 The sign’s illumination is at the lowest reasonable level as determined by the City Planner, which ensures adequate identification and readability, and is directed solely at the sign or is internal to it. All of the signs are internally illuminated with neon bulbs to reduce the brightness of the sign. In addition to this standard, a condition of approval to include a provision for the use of internal LED strands to illuminate the signs has been incorporated. The City Planner has reviewed both of these lighting sources and has agreed that they are set at the minimum standards needed to ensure that there is adequate readability of the SIgns 5 The sign is not detrimental to the public interest, health, safety, or welfare. All signs are set at a sufficient height and/or location such that they will not create a detrimental impact to the public interest, health, safety, and/or welfare. 6.The sign is in compliance with Section 9624, Lighting and Design Standards. All signs on site are internally illuminated, which is in compliance with Municipal Code Section 9624. SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the City Council of the City of Downey hereby upholds the appeal and hereby modifies the Planning Commission’s approval of Planned Sign Program No. 08-76, which is 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 RESOLUTION NO. 09-7147 PAGE THREE SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 28th day of July, 2009. RIO A. GUERRA, Mayor ATTEST: MA&big eLaM&p KATHLEEN L. MIDSTOKKE, 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 28th day of July, 2009, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN : Council Members: Bayer, Brossmer, Gafin, Marquez, Mayor Guerra Council Member: None Council Member: None Council Member : None [ #aazei:> # KATHLEEN L. MIDSTOKKE, City Clerk RESOLUTION NO. 09-7147 PAGE FOUR PLANNED SIGN PROGRAM NO. 08-76 EXHIBIT A - CONDITIONS 1)The approval of Planned Sign Program No. 08-76, approves the location, color, and size of all signs for a multi-tenant commercial center at 9200-9250 Lakewood Blvd & 9009- 9027 Gallatin Road 2)Approval of this Planned Sign Program 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 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. 4) 5) All conditions of approval for Planned Sign Program No. 08-76 shall be complied with before the Planned Sign Program becomes valid. Prior to the issuance of any building permit for a sign, said sign shall comply with this Planned Sign Program, with exception of window signs and non-permit signs, which shall comply with the requirements of the Downey Municipal Code. 6)The following changes shall be incorporated into the Planned Sign Program. a) Monument signs shall be modified to include a cap that matches the cap on the free standing signs. The freestanding signs shall be modified as follows: i) No more than six tenants shall be allowed on the sign. ii) The color of the panels shall be the same as the cabinet. iii) A base that matches the cap shall be added to the bottom of the cabinet. iv) An enclosure shall be built around the support pole. The enclosure shall be square and have a width of three feet. The width of the enclosure shall round out to meet the width of the sign cabinet. The stone veneer at the base of the sign shall have a minimum width of four feet Provisions shall be included to allow LED strings to internally illuminate the signs b) V) C) 7 All individual tenant signs shall be brought into compliance with the Planned Sign Program at such time that the tenant's lease is renewed or when any changes are proposed to the sign, whichever occurs first.