HomeMy WebLinkAbout3. PLN-12-00238 - 8441 Florence Ave.STAFF REPORT
DATE:
NOVEMBER 7, 2012
TO:
PLANNING COMMISSION
FROM:
BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT
JESSICA J. FLORES, ASSOCIATE PLANNER
SUBJECT: PLN-12-00238 (VARIANCE) – A REQU EST TO DEVIATE FROM SECTION
9620.04 OF DOWNEY MUNICIPAL CODE ALLOWING FOR A PROPOSED
MONUMENT SIGN TO EXCEED THE MAXIMUM ALLOWABLE SQUARE
FOOTAGE, THEREBY INCREASING THE MAXIMUM SIGN AREA FROM 20 SQ.
FT. TO 42 SQ. FT.; AND TO ALLOW THE SIGN TO ENCROACH INTO THE
REQUIRED 7' SETBACK BY 5'-5", THEREBY PROVIDING A 1'-7" SETBACK
FROM THE PROPERTY LINE ON PROPERTY LOCATED AT 8441 FLORENCE
AVENUE, ZONED C-P (PRO FESSIONAL OFFICE).
CEQA
Staff has reviewed the proposed use 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. 15305 (Class 5, Minor Alterations in
Land Use Limitations). Categorical Exemptions are projects, which have been determined not
to have a significant effect on the environm ent and have been exempted from the requirements
of the California Environmental Quality Act.
RECOMMENDATION
Staff recommends that the Planning Commission adopt the following titled resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY DENYING
PLN-12-00238 (VARIANCE) – A REQUEST TO DEVIATE FROM SECTION 9620.04 OF
DOWNEY MUNICIPAL CODE ALLOWING FOR A PROPOSED MONUMENT SIGN TO
EXCEED THE MAXIMUM ALLOWABLE SQUARE FOOTAGE, THEREBY INCREASING THE
MAXIMUM SIGN AREA FROM 20 SQ. FT. TO 42 SQ. FT.; AND TO ALLOW THE SIGN TO
ENCROACH INTO THE REQUIRED 7' SETBACK BY 5'-5", THEREBY PROVIDING A 1'-7"
SETBACK FROM THE PROPERTY LINE ON PROPERTY LOCATED AT 8441 FLORENCE
AVENUE, ZONED C-P (PRO FESSIONAL OFFICE).
PLANNING DIVISION
CITY OF DOWNEY, CALIFORNIA
CODE AUTHORITY
The applicant’s authority to request this application and the Planning Commission’s authority to
review and take action on this variance are set forth in the Downey Municipal Code, Section
9826.
SITE LOCATION
8441 Florence Avenue
SITE DESCRIPTION
A. Subject Property
1. Property Information
Site Location: 8441 Florence Avenue
(AIN: 6362-017-003)
2. Applicant Information
Owner: Christian Missionary Society of
Southern California
8441 Florence Avenue
Downey, Ca 90240
Representative: Eco Sign Inc.
c/o: Jim Simington
1198 Pacific Coast Highway
Seal Beach, Ca 90740
3. CEQA Determination:
Categorically Exempt (Class 5)
PLN-12-00238 – 8441 Florence Ave.
November 7, 2012 - Page 2
B. Surrounding Properties
Zone Use
North R-1 7,500 (Single-Family Residential) Single Family Residences
East
C-P (Professional Office) Dental Office and Brookshire Ave.
South
C-P (Professional Office) Bank, Professional Offices and
Florence Ave.
West
C-P (Professional Office) Multi-Tenant Office Buildings
C. Site Photograph
North View of Subject Site
BACKGROUND
The subject site is located at 8441 Florence Avenue and is zoned C-P (Professional Office). It is a
rectangular-shaped, 1.52 acre lot that is located on the north side Florence Avenue just west of
Brookshire Ave. The site is currently improved with three buildings, a sanctuary, fellowship hall and
educational building totaling 11,981 sq. ft. developed through Zone Exception No. 60-176.
Surrounding properties include single-family residences and multi-tenant office buildings on lots
averaging .17 acres in size.
DISCUSSION
The applicant, Jim Simington [Eco Sign Inc.], is requesting a variance to deviate from Section
9620.04 of Downey Municipal Code allowing a proposed monument sign to exceed the maximum
allowable square footage, thereby increasing the maximum sign area from 20 sq. ft. to 42 sq. ft..
The variance will also allow the sign to encroach into the required 7' front yard setback by 5'-5",
thereby providing a 1'-7" setback from the front property line.
Section 9620.04 of the Downey Municipal Code (DMC) regulates all signs for churches and allows
for the following:
PLN-12-00238 – 8441 Florence Ave.
November 7, 2012 - Page 3
(a) A wall sign with a maximum sign area of twenty (20) square feet; and
(b) A monument sign which shall not exceed a maximum sign area of fifteen (15) square
feet, a maximum height of six (6) feet, and a minimum setback of seven (7) feet from a
street property line. Changeable copy is permitted subject to the following:
(1) Changeable copy shall not change more than once per hour;
(2) Changeable copy shall not rotate, move, or cause uncontrolled direction of lights,
flash, reflect, scroll, or blink; and
(3) Changeable copy shall be no more than twenty-five (25) percent of the sign area.
The proposed monument sign will encroach into the seven foot (7’) front yard setback required by
the Downey Municipal Code (DMC) by five feet, five inches (5’-5”). The resulting one foot, seven
inch (1’-7”) distance from the sign to the front property line w ill infringe upon the line of sight for
motorists exiting the subject site and traveling westbound on Florence Avenue, creating a hazard
for pedestrians and bicycles traveling on Florence Avenue.
DMC Section 9602 (b) states that the intent and purpose of the sign chapter of the Zoning Code
is to:
“Protect and improve pedestrian, bicycle, and vehicular traffic safety by balancing the need
for signs which facilitate the safe and smooth flow of traffic without an excess of signage
that may distract motorists, overload their capacity to quickly receive information, visually
obstruct traffic signs, or otherwise create congestion and safety hazards.”
In addition, DMC Section 9614.04 prohibits the location of signs or sign structures which by their
location, conflict with a traffic control sign or signal or create a safety hazard for pedestrians,
bicycle, or vehicular traffic. As proposed, staff finds that the sign will be a safety hazard and will
deter the promotion of an enhanced streetscape due to its mass and proximity to the front yard
property line.
Furthermore and as mentioned, there is an existing 56 sq. ft. monument sign located at the subject
site. This existing sign is set-back 11’ 9” from the property line and exceeds the current allowable
square footage for a church’s monument sign by 36 sq. ft. This existing sign could be refurbished
to meet the applicant’s needs without the need of a variance or creating a traffic hazard.
Finally, although DMC Section 9826 (Variances) provides a process for resolving practical
difficulties or undue physical hardships that may result from the unusual size, shape, dimension of
a site or the location of existing structures thereon, from geographic, exceptional topographic, or
other physical conditions on the site or in the immediate vicinity. It is staff’s opinion that the
topographical features of the site are normal and t here are no special conditions present to justify
approving PLN-12-00238.
FINDINGS
Municipal Code Section 9826.08 sets forth the findings required in order for the Planning
Commission to approve a Variance. After reviewing Municipal Code Section 9826.08 with regards
to the requested variance application, staff finds as follows:
1. That exceptional or extraordinary conditions or circumstances exist which are
peculiar to the land, structure, or building involved and which are not generally
applicable to other lands, structures or buildings in the same vicinity and zone .
PLN-12-00238 – 8441 Florence Ave.
November 7, 2012 - Page 4
The subject site is a 1.52 acre (66,210 square feet) rectangular shaped parcel in the C-P
(Profession Office) zone, which has a minimum lot size of 6,000 square feet. The subject
site meets and exceeds all the minimum requirements of the C-P (Professional Office) zone
and the use was developed lawfully through Zone Exception No. 60-176. After a review of
other properties in the area, Staff has concluded that the subject site is much larger than
most of the other parcels in the C-P zone, many of which have constructed signs that
comply with the code. It is staff’s opinion that there are no exceptional or extraordinary
conditions or conditions that are peculiar to the land, structure, or building involved, which
are generally not applicable to other lands, structures or buildings in the same vicinity or
zone; and which would prevent the applicant from constructing a sign that complies with the
development standards. In addition, there is an existing legal-nonconforming sign on the
site, which the applicant could refurbish. Taking all of this into consideration, staff is of the
opinion that the site or development is not unique in nature; as such, the applicant can
comply with all current zoning standards in order to provide a new sign. As such, it is staff’s
opinion that this finding cannot be made.
2. That the literal interpretation of the provisions of this article would deprive the
applicant of rights under the terms of this article commonly enjoyed by other
properties in the same vicinity and zone in which the property is located.
As previously mentioned the subject site exceeds the minimum development requirements
of the zone and as such, has enough area on-site to meet the set-back requirements of
Section 9620.04 of Downey Municipal Code (DMC). The church currently has an existing,
legal-nonconforming sign that exceeds the current allowable square footage of a
monument sign for churches and as such, is currently enjoying rights not commonly
enjoyed by other churches in the city. Furthermore, staff’s analysis of the area showed that
other C-P zoned properties have been able to construct signs that comply with the
development standards of the zone. As such, it is staff’s opinion that this finding cannot be
made.
3. That exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant.
Approving the Variance will allow the applicant to deviate from Section 9620.04 of
Downey Municipal Code (DMC) allowing for the construction of a monument sign that will
exceed the maximum allowable square footage, thereby increasing the maximum sign
area from 20 sq. ft. to 42 sq. ft. and allow the sign to encroach into the required 7' setback
by 5'-5", thereby providing a 1'-7" setback from the property line, thus creating a self-
imposed exception. It is staff’s opinion that the deviation is a direct result of the applicant’s
actions since the parcel is large enough for the sign to meet the development standards
and there is an existing sign that can be refurbished to meet the applicant’s desires. Staff
feels approval of the variance will result in a special circumstance as a result of the
action of the applicant since other churches in the city must adhere to DMC Section
9620.04. As such, it is staff’s opinion that this finding cannot be made.
4. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings in the
same vicinity and zone in which the property is located.
Approving the Variance will confer on the applicant a special privilege since, as
previously mentioned, other churches in t he city comply with the City’s development
standards and have not requested sign variances . Additionally, the subject site is of
enough size for a proposed monument sign to be set-back and meet all development
PLN-12-00238 – 8441 Florence Ave.
November 7, 2012 - Page 5
standards as set forth in DMC, Section 9620.04. As such, it is staff’s opinion that this
finding cannot be made.
5. The granting of such variance will be in harmony and not adversely affect the
General Plan of the City.
General Plan Goal 8.3 is to promote the enhancement of the streetscape in the city. Due to
the encroachment of the sign into the required setback area and the request for an
increase in allowable square footage, staff finds that the sign detracts from the Florence
Avenue streetscape due to its mass and will create a safety hazard due to lack of visibility
for pedestrians, bicycle or vehicular traffic. Staff believes that approval of the Variance
would be in direct conflict with this Goal of the General Plan. As a result, staff feels that
granting the variance would not be in harmony and have an adverse affect on the General
Plan. As such, it is staff’s opinion that this finding cannot be made.
6. That the reasons set forth in the application justify the granting of the variance and
that the variance is the minimum variance that will make possible the reasonable use
of the land, building, or structure.
The subject site exceeds the minimum development requirements of the zone and as such,
has enough area on-site to meet the set-back and square footage requirements set forth in
the Municipal Code. Approving the Variance will allow the applicant to deviate from
Section 9620.04 of Downey Municipal Code (DMC) allowing for the construction of a
monument sign that will exceed the maximum allowable square footage, thereby increasing
the maximum sign area from 20 sq. ft. to 42 sq. ft. and allow the sign to encroach into the
required 7' setback by 5'-5", thereby providing a 1'-7" setback from the property line,
creating a self-imposed exception. As noted in the previous findings and the discussion
section of this report, it is Staff’s opinion that the property has sufficient size for the
applicant to construct a new sign that complies with the Municipal Code. Staff is of the
further opinion that the applicant, as an alternative, can refurbish the existing sign to
achieve their goals. Staff believes that there should be no deviation to the code since the
applicant can meet all of the development standards for the sign. Thus, the reasons set
forth in the application do not justify the granting of the variance and it is staff’s opinion that
this finding cannot be made.
CONCLUSION
Staff recommends the Planning Commission deny PLN-12-00238 (Variance), regarding a request
to deviate from Section 9620.04 of Downey Municipal Code by allowing a proposed monument
sign to exceed the maximum allowable square footage, thereby increasing the maximum sign
area from 20 sq. ft. to 42 sq. ft.; and to allow the sign to encroach into the required 7' setback by 5'-
5", thereby providing a 1'-7" setback from the property line, on property zoned C-P (Professional
Office).
PLN-12-00238 – 8441 Florence Ave.
November 7, 2012 - Page 6
SUBJECT PROPERTY
R1-7,500 – Single-Family Residential
C-P – Professional Office
NORTH
ZONING MAP
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CITY OF DOWNEY
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PLANNING DIVISION
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SUBJECT PROPERTY
NORTH
AERIAL PHOTOGRAPH
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PLN 12-00238 (VARIANCE)
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CITY OF DOWNEY
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PLANNING DIVISION
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
DENYING PLN-12-00238 (VARIANCE) – A REQUEST TO DEVIATE FROM SECTION
9620.04 OF DOWNEY MUNICIPAL CODE ALLOWING FOR A PROPOSED
MONUMENT SIGN TO EXCEED THE MAXIMUM ALLOWABLE SQUARE FOOTAGE,
THEREBY INCREASING THE MAXIMUM SIGN AREA FROM 20 SQ. FT. TO 42 SQ.
FT.; AND TO ALLOW THE SIGN TO ENCROACH INTO THE REQUIRED 7'
SETBACK BY 5'-5", THEREBY PROVIDING A 1'-7" SETBACK FROM THE
PROPERTY LINE ON PROPERTY LOCAT ED AT 8441 FLORENCE AVENUE, ZONED
C-P (PROFESSIONAL OFFICE).
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 September 11, 2012 the applicant, Jim Simington, submitted an application
for PLN- PLN-12-00238 (Variance) – A request to deviate from Section
9620.04 of Downey Municipal Code allowing for a proposed monument sign to
exceed the maximum allowable square footage, thereby increasing the maximum
sign area from 20 sq. ft. to 42 sq. ft.; and to allow the sign to encroach into the
required 7' setback by 5'-5", thereby providing a 1'-7" setback from the property
line, on property zoned C-P (Professional Office); and,
C. On October 26, 2012 notice of the pending public hearing was published in the
Downey Patriot and on October 25, 2012 notice of the pending public hearing
was sent to all property owners within 500’ of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on November 7,
2012 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 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 Planning Commission further finds, determines and declares that:
1. That exceptional or extraordinary conditions or circumstances exist which
are peculiar to the land, structure, or building involved and which are not
generally applicable to other lands, structures or buildings in the same
vicinity and zone .
The subject site is a 1.52 acre (66,210 square feet) rectangular shaped parcel in the
C-P (Profession Office) zone, which has a minimum lot size of 6,000 square feet.
The subject site meets and exceeds all the minimum requirements of the C-P
(Professional Office) zone and the use was developed lawfully through Zone
Exception No. 60-176. The subject site is much larger than most of the other
parcels in the C-P zone, many of which have constructed signs that comply with the
code. There are no exceptional or extraordinary conditions or conditions that are
Resolution No.
Downey Planning Commission
peculiar to the land, structure, or building involved, which are generally not
applicable to other lands, structures or buildings in the same vicinity or zone; and
which would prevent the applicant from cons tructing a sign that complies with the
development standards. In addition, there is an existing legal-nonconforming sign
on the site, which the applicant could refurbish. The site or development is not
unique in nature; as such, the applicant can comply with all current zoning
standards in order to provide a new sign.
2. That the literal interpretation of the provisions of this article would deprive
the applicant of rights under the terms of this article commonly enjoyed by
other properties in the same vicinity and zone in which the property is
located.
The subject site exceeds the minimum development requirements of the zone
and as such, has enough area on-site to meet the set-back requirements of
Section 9620.04 of Downey Municipal Code (DMC). The church currently has an
existing, legal-nonconforming sign that exceeds the current allowable square
footage of a monument sign for churches and as such, is currently enjoying rights
not commonly enjoyed by other churches in the city. Furthermore, other C-P
zoned properties have been able to construct signs that comply with the
development standards of the zone.
3. That exceptional or extraordinary conditions or circumstances do not result
from the actions of the applicant.
Approving the Variance will allow the applicant to deviate from Section
9620.04 of Downey Municipal Code (DMC) allowing for the construction of a
monument sign that will exceed the maximum allowable square footage, thereby
increasing the maximum sign area from 20 sq. ft. to 42 sq. ft. and allow the sign
to encroach into the required 7' setback by 5'-5", thereby providing a 1'-7"
setback from the property line, thus creating a self-imposed exception. This
deviation is a direct result of the applicant’s actions since the parcel is large
enough for the sign to meet the development standards and there is an existing
sign that can be refurbished to meet the applicant’s desires. Approval of the
variance will result in a special circumstance as a result of the action of the
applicant since other churches in the city must adhere to DMC Section 9620.04.
4. That granting the variance requested will not confer on the applicant any
special privilege that is denied by this chapter to other lands, structures, or
buildings in the same vicinity and zone in which the property is located.
Approving the Variance will confer on the applicant a special privilege since other
churches in the city comply with the City’s development standards and have not
requested sign variances. Additionally, the subject site is of enough size for a
proposed monument sign to be set-back and meet all development standards as
set forth in DMC Section 9620.04.
5. The granting of such variance will be in harmony and not adversely affect the
General Plan of the City.
General Plan Goal 8.3 is to promote the enhancement of the streetscape in the city.
Due to the encroachment of the sign into the required setback area and the request
for an increase in allowable square footage, the sign detracts from the Florence
Avenue streetscape due to its mass and will create a safety hazard due to lack of
PLN-12-00238 (Variance) – 8441 Florence Avenue
November 7, 2012 - Page 2
Resolution No.
Downey Planning Commission
visibility for pedestrians, bicycle or vehicu lar traffic. The approval of the Variance
would be in direct conflict with this Goal of the General Plan. As a result, granting
the variance would not be in harmony and have an adverse affect on the General
Plan.
6. That the reasons set forth in the application justify the granting of the
variance and that the variance is the minimum variance that will make
possible the reasonable use of the land, building, or structure.
The subject site exceeds the minimum development requirements of the zone
and as such, has enough area on-site to meet the set-back and square footage
requirements set forth in the Municipal Code. Approving the Variance will allow
the applicant to deviate from Section 9620.04 of Downey Municipal Code (DMC)
allowing for the construction of a monument sign that will exceed the maximum
allowable square footage, thereby increasing the maximum sign area from 20 sq.
ft. to 42 sq. ft. and allow the sign to encroach into the required 7' setback by 5'-5",
thereby providing a 1'-7" setback from the property line, creating a self-imposed
exception. The property has sufficient size for the applicant to construct a new
sign that complies with the Municipal Code. As an alternative, the applicant can
refurbish the existing sign to achieve their goals. Thus, there should be no
deviation to the code since the applicant can meet all of the development
standards for the sign. Therefore, the reasons set forth in the application do not
justify the granting of the variance.
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 PLN-12-00238
(Variance).
SECTION 5.
The Secretary shall certify the adoption of this Resolution.
th
PASSED, APPROVED AND ADOPTED this 7 day of November, 2012.
Michael Murray, Chairman
City Planning Commission
I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the
th
Planning Commission of the City of Downey at a regular meeting thereof, held on the 7 day of
November, 2012 by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Theresa Donahue, Secretary
City Planning Commission
PLN-12-00238 (Variance) – 8441 Florence Avenue
November 7, 2012 - Page 3