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HomeMy WebLinkAboutPC Resolution 13-2813 RESOLUTION NO. 13 -2813 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -12 -00302 (PLANNED SIGN PROGRAM) - A REQUEST FOR APPROVAL OF THE COLOR, SIZE, AND LOCATION OF ALL SIGNS FOR THE WEST DOWNEY PLAZA, LOCATED AT 7300 -7340 FIRESTONE BOULEVARD IN DOWNEY, ZONED C -2 (GENERAL COMMERCIAL) 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 acid declare that: A. On December 17, 2012, Christopher Han, Turbo Sign, Inc. (authorized agent for the property owner Richard Kil, West Downey Plaza, and hereinafter referred to as "Applicant "), filed a Land Use Permit Application requesting approval of PLN - 12 -00302 regarding a sign program for the West Downey Plaza. B. On February 7, 2013, 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 Downey Patriot on February 7, 2013. C. The Planning Commission held a duly noticed public hearing on February 20, 2013, and after fully considering all oral and written testimony, facts, and opinions offered at the aforesaid public hearing, adopted Resolution No. 13- 2813, approving PLN -12- 00302, subject to conditions of approval (Exhibit A). 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, the Planning Commission further finds, determines and declares that: A. The proposed sign is permitted within the zone and it complies with all applicable provisions of this chapter, the General Plan, and any other applicable standards. The subject property is zoned C -2 (General Commercial) and it was developed as a shopping center in 1984. The C -2 Zone permits the use of wall signs and freestanding signs. Code Section 9610.04 states requires a Planned Sign Program for any site having three (3) or more nonresidential tenants. The Planning Commission shall approve the planned sign program before any sign permit is issued. The owner /developer of the West Downey Plaza is attempting to comply with this requirement by obtaining the City's approval of the sign program PLN -12 -00302 proposes. However, the proposed freestanding sign is too large, t it proposes too many tenant panels (18), and is too close to the clock tower. Therefore, the Planning Commission imposed a condition of approval that limits the size of the freestanding sign to 67 square feet, and limits the number of tenant panels to six. With this condition in place, the proposed Planned Sign Resolution No. 13 -2813 Downey Planning Commission Program will comply with all applicable provisions of Chapter 6 (Signs) of the Downey Municipal Code. B. The sign is in proper proportion to the structure or site on which it is located. The proposed freestanding sign will be twenty -five feet (25') tall, which meets the maximum height allowed for freestanding signs set back ten feet (10') from the street lot line; however, the sign cabinets will contain approximately 170 square feet of sign area, which is 103 square feet greater than the maximum sign area allowed for freestanding signs at this location. The conditions of approval will ensure that the proposed sign will be in proper proportion the buildings that comprise the shopping center. C. 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. The proposed sign will consist of an aluminum cabinet mounted on a single steel mounting post. The Applicant requested eighteen (18) tenant panels beneath the center name. Said panels will feature pushed through acrylic with translucent vinyl letters. The panels will be twenty inches (20" tall), with white background color. The aluminum components of the sign will be painted black. In staffs opinion, the proposed colors of the freestanding sign are not compatible with the design and colors of the shopping center. A condition of approval that addresses the color of the sign ensures that the freestanding sign will be compatible with the building signage and with the buildings on the site. D. 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. The sign program proposes requirements for illuminated signs. It describes illumination as 12 volts Tight emitting diodes (LED's). A condition of approval for PLN -12 -00302 includes provision for the use of internal LED strands to illuminate the signs. These lighting sources are set at the minimum standards needed to ensure that there is adequate readability of the signs. E. The sign is not detrimental to the public interest, health, safety, or welfare. The height and placement of the freestanding sign will not create a detrimental impact to the public interest, health, safety, and /or welfare. F. The sign complies with Section 9624, Lighting and Design Standards. All internally - illuminated signs on site will comply with Municipal Code Section 9624. PLN -12 -00302 — 7300 -7340 Firestone Blvd. February 20, 2012 -- Page 2 Resolution No. 13 -2813 Downey Planning Commission L 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 -12 -00302 s ubject to conditions of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes SECTION 5. The Secretary shall certify the adoption of t • Res• ution. 4.1 I i ii Louis Mo ales, Chairman City PI- ning 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 20 day of February 2013, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Kiefer, and Morales NOES: COMMISSIONERS: Flores and Rodriguez ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONER: None tl. v , , 4 4 Mary C vanagh, Secreta 0 City Planning Commission 1 PLN -12 -00302 — 7300 -7340 Firestone Blvd. February 20, 2012 -- Page 3 Resolution No. 13 -2813 Downey Planning Commission EXHIBIT A CONDITIONS OF APPROVAL PLN -12 -00302 (Planned Sign Program) 1) The approval of PLN -12 -00302 (Planned Sign Program) approves the location, color, and size of all signs at the West Downey Plaza, as provided in the Sign Criteria attached as Exhibit "B ", in addition to providing standards and requirements for a freestanding sign on the property located at 7300 -7340 Firestone Boulevard, Downey. 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) All conditions of approval PLN -12 -00302 shall be complied with before the Planned Sign Program becomes valid. 5) The Owner /Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 6) 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. 7) The following changes shall be incorporated into the Planned Sign Program. a) The sign criteria shall identify the construction materials and the colors of the freestanding sign. b) The colors, sign panels and design of the freestanding sign shall match the colors, architectural style, and exterior building materials of the buildings at the subject property. PLN -12 -00302 — 7300 -7340 Firestone Blvd. February 20, 2012 -- Page 4 Resolution No. 13 -2813 Downey Planning Commission c) The Applicant shall provide samples of the allowed sign colors, within fifteen (15) days of the approval of PLN -12- 00302. d) Table 9 -1 shall be revised to provide accurate information about the existing wall signs. The building frontage for the second floor of Building "A" totals 139 lineal feet, (not 156 feet) and the total building frontage of Building A is 292 feet (not 309 feet). e) The Sign Program's discussion of the fabrication details of existing signs is shall describe the fabrication materials (aluminum cans with acrylic faces), and mention the shade of green the sign cans should be painted. f) The Sign Program's fabrication details shall discuss illumination for new can signs as 12 volts light emitting diodes (LED's) in the same manner described for the freestanding sign. g) Sign Program shall express that all new tenant signs shall be can signs and describe the sign cans in detail. h) The Tenant Sign Details shall also include data regarding the existing can signs and tenant frontages. i) The wall sign details (Page 13) shall indicate the specific locations where the maximum letter heights can occur on the property. j) The background color for all can signs and all tenant panels on the freestanding sign shall be ivory. 8. No signs shall be displayed on the clock tower. 9. The sign area of the freestanding sign shall not be greater than sixty -seven (67) square feet, if the freestanding sign set back ten (10) feet from the street line as PLN -12 -302 proposes. The freestanding sign shall comply with all freestanding sign standards described on Table 9.6.3 of the Downey Municipal Code. 10. The colors for the freestanding sign shall match the exterior building colors at the center. 11. The freestanding sign shall provide not more than six (6) tenant panels to identify not more than six (6) tenants. 12. The Applicant shall provide five (5) copies of the revised Sign Criteria for the West Downey Plaza to the City Planner, which contains all of the revisions required by these conditions of approval, before the Planned Sign Program PLN -12 -00302 proposes, becomes valid. H: \Community Development \Davis\cases \Site Plan Review \PLN -12 -00302 (7300 -7340 Firestone) \Reso.doc PLN -12 -00302 — 7300 -7340 Firestone Blvd. February 20, 2012 -- Page 5