HomeMy WebLinkAboutPC Resolution 13-2834 RESOLUTION NO. 13-2834
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY ADOPTING A MITIGATED NEGATIVE DECLARATION AND
APPROVING A CONDITIONAL USE PERMIT AND VARIANCE (PLN-12-
00164), THEREBY ALLOWING THE OPERATION OF AN ELECTRONIC
BILLBOARD ON PROPERTY LOCATED AT 7878 TELEGRAPH RD, ZONED
M-1 (LIGHT MANUFACTURING).
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 May 29, 2012, the applicant (Allvision LLC) submitted the request for a Conditional
Use Permit, Variance, Development Agreement, and Mitigated Negative Declaration
(PLN-12-00164). This application was subsequently deemed incomplete due to
additional information being needed; and,
B. On April 19, 2013, the applicant submitted the remaining information needed to complete
the application. Accordingly, staff deemed the application complete; and,
C. On May 16, 2013, notice of the pending application was published in the Downey Patriot,
mailed to all property owners within 500' of the subject site, posted in the Los Angeles
} County Recorder's Office, and posted at the Governor's Office of Planning and
Research State Clearinghouse; and,
D. The Planning Commission held a duly noticed public hearing on June 19, 2013, 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 that after
preparing an Initial Study in compliance with the requirements of the California Environmental
Quality Act, which found that unless mitigated the project could have a significant environmental
impact. As such the Initial Study/Mitigated Negative Declaration was circulated for public review
from May 17, 2013 to June 17, 2013. Based on its own independent judgment that the facts
stated in the initial study are true, the Planning Commission hereby adopts a Mitigated Negative
Declaration of Environmental Impacts.
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:
1. 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. The subject site has a
General Plan Land Use Designation of Public and zoning of M-1 (Light Manufacturing).
It is the intent of the Public Land Use Designation to provide areas used by public
agencies for facilities that support community services, such as the existing maintenance
facility on the site; whereas it is the intent of the M-1 zone to provide an orderly
development and grouping of light manufacturing uses. The existing use on the site is
Resolution No. 13-2834
Downey Planning Commission
consistent with the zoning and the General Plan since the vehicle repair facility (an M-1
use) is for a public agency. The proposed billboard is a conditionally permitted use in
the M-1 zone, which is consistent with light manufacturing uses, such as the repair
facility. Furthermore, the proposed billboard meets or exceeds all development
standards, with exception to the maximum allowable height and display area. As such,
the proposed billboard is consistent with the Zoning Code and will not impact the intent
thereof.
Furthermore, the General Plan Land Use Designation is intended to support facilities like
the Metro maintenance facility. The proposed sign is located on the northwest corner of
the site and will not impact the operations of the site. Therefore, approval of the sign will
not impact the General Plan Land Use Designation. General Plan Program 8.1.1.8,
which states "Promote good quality sign design" and General Plan Goal 9.3, which says
"Ensure the continued fiscal balance of the community." The proposed sign is a high
quality design that will blend with the project site. Furthermore, since the property owner
will be paying an annual development fee for the sign, this approval will contribute to the
fiscal balance of the City. As such, this Conditional Use Permit is consistent with the
General Plan and will not impact the intent thereof.
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 subject site is
approximately nine acres in size and currently improved with the Metro Non-Revenue
Vehicle Division maintenance facility. The proposed sign is located on the northwest
corner of the site, adjacent to the Interstate 5 freeway and the Rio Hondo Channel. The
location of the sign is sufficiently setback from Caltrans right-of-way so it will not hinder
future widening of the freeway. With regards to the Rio Hondo Channel, the primary
purpose of the channel is flood control. The billboard is located outside of the flood
control property and it will not reduce capacity of the channel or otherwise have an
impact the Rio Hondo. In addition to the properties immediately adjacent to the
billboard, there are residential properties approximately 475 feet to the south of the sign.
Nevertheless, implementation of the conditions of approval and mitigation measures will
prevent the sign from having an adverse impact on these properties. This includes
preventing the sign from impacting lights and glare, noise, and displaying offensive
material
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.
The subject site is an approximate nine acre irregular shaped lot that is currently
improved with the Metro Non-Revenue Vehicle Division maintenance facility which
includes an approximate 28,600 square foot single story building and an approximate
3,600 square foot single story building. The remainder of the site is improved with
asphaltic concrete and used for storage of vehicles, employee/visitor parking, and the
storage of various other types of equipment. The sign will occupy about 30 square feet
at the base of the sign in an area used for outdoor storage. This will not impact Metro's
ability to operate at the site and is an insignificant loss of storage area.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways in the area. Even though the sign is designed to be viewed from
the Interstate 5 freeway, access to the sign is across the subject site from Telegraph Rd.
The proposed billboard is unmanned with all displays being remotely managed. The
only traffic generated by the project will be from maintenance of the sign, which only
CUP and VAR(PLN-12-00164)—7878 Telegraph Rd
June 19,2013-Page 2
Resolution No. 13-2834
Downey Planning Commission
L requires two to six visits annually. Inasmuch as there are approximately 28,000 average
daily vehicle trips currently on Telegraph Rd, the additional maintenance trips to the site
create an insignificant amount of traffic. As such, the minimal additional traffic will not
impose a burden on Telegraph Rd.
SECTION 4. Having considered all of the oral and written evidence presented to it at
said public hearings regarding the Variance, 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 construction of new
billboards within the City of Downey is only permitted in the M-1 and M-2 zones. The
subject site is the only site north of Firestone Blvd that is zoned M-1 (there are no M-2
zoned parcels north of Firestone) and only one of three parcels in the City that has the
proper zoning for billboards and visibility to a freeway (the other two are adjacent to the
1-105). The subject site is unique from the other two parcels since the finished grade of
the subject site is below the grade of the freeway, whereas the other two have finished
grades above the freeway. This is to say of the over 23,000 parcels in the City of
Downey, approximately 260 are either zoned M-1 or M-2 and only three of these have
visibility to the freeway. Since this is the only parcel in the City of Downey that meets
the zoning, is visible to the freeway, and has a finished grade that is lower than the
freeway, an extraordinary circumstance exists that is not generally applicable to other
lands, structures or buildings in the same vicinity and zone.
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 applicant's request is to
construct the sign with a height of 55' instead of the 35' limit and allow a 672 square foot
display area instead of the 300 square foot allowance. As noted in the previously in the
findings, the subject site is one of three in the City that has the proper zoning and
freeway visibility for the billboard. Unfortunately, due to the grade difference between
the freeway and the subject site, the literal interpretation of the zoning code would make
the sign unreadable to motorist on the 1-5 freeway. In comparison to billboards installed
on any street within the City with slower traffic speeds, the extra size is also needed to
make the sign readable. The combination of the grade difference and higher speeds of
traffic on the freeway make the variance necessary to allow the property owner to enjoy
the same rights that would be commonly enjoyed by other properties in the same vicinity
and zone.
3. That exceptional or extraordinary conditions or circumstances do not result from the
actions of the applicant. The extraordinary circumstance that exists is the subject site is
the only parcel in the City that meets the zoning for billboards, is visible to the freeway,
and has a finished grade that is lower than the freeway. Notwithstanding this, the zoning
is the result of the City's action, whereas the grade differential is the result of Caltrans
freeway construction. Neither the applicant (Allvision) nor the property owner (Metro)
had direct or indirect action in creation of the extraordinary circumstance.
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. A one of a kind circumstance exists
CUP and VAR(PLN-12-00164)—7878 Telegraph Rd
June 19,2013-Page 3
Resolution No. 13-2834
Downey Planning Commission
on the property that justifies the need for the Variance. Other parcels in the M-1 or M-2
zone would be permitted to install billboards that meet the development code and are
readable to passing traffic. Approval of this Variance 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.
5. The granting of such variance will be in harmony and not adversely affect the General
Plan of the City. The subject site has a General Plan Land Use Designation of Public. It
is the intent of the Public Land Use Designation to provide areas for public agencies for
facilities that support community services, such as the existing maintenance facility on
the site. The proposed sign is located on the northwest corner of the site and will not
impact the operations of the site. Therefore, approval of the sign will not impact the
General Plan Land Use Designation. Furthermore, General Plan Program 8.1.1.8,
states "Promote good quality sign design" and General Plan Goal 9.3, says "Ensure the
continued fiscal balance of the community." The proposed sign is a high quality design
that will blend with the project site. Furthermore, since the property owner will be paying
an annual development fee for the sign, this approval will contribute to the fiscal balance
of the City.
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 applicant has requested to deviate from the maximum
allowable height for billboards, thus increasing the billboard from 35' to 55'. Additionally,
the applicant has requested to have a 672 square foot display area instead of the
allowable 300 square foot display area. These increases are the minimum needed to
make the sign readable form the I-5 freeway. The proposed height is needed due to the
grade difference; and the proposed display is needed to make it readable. As such, the
proposed variance is the minimum variance that will make the project possible.
SECTION 5. Based upon the findings set forth in Sections 1 through 4 of this
Resolution, the Planning Commission of the City of Downey hereby adopts a Mitigated Negative
Declaration and approves the Conditional Use Permit and Variance (PLN-12-00164), 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.
CUP and VAR(PLN-12-00164)—7878 Telegraph Rd
June 19,2013-Page 4
Resolution No. 13-2834
Downey Planning Commission
SECTION 6. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 19th day o June 2013.
/ 1
. / ,
ouis Moral- Chairman
City Plann. g 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 19t day of June,
2013, by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Flores, Rodriguez and Morales
NOES: COMMISSIONERS: Kiefer
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
adil / ;
Mary Ca anagh, Secretary •
City Planning Commission
I
I
CUP and VAR(PLN-12-00164)—7878 Telegraph Rd
June 19,2013-Page 5
Resolution No. 13-2834
Downey Planning Commission
CONDITIONAL USE PERMIT AND VARIANCE (PLN-12-00164)
EXHIBIT A - CONDITIONS
1) The approval of this Conditional Use Permit and Variance (PLN-12-00164) allows for the
construction and operation of a 55 foot tall digital billboard with two faces on the
northwest corner of the site.
2) Approval of this Conditional Use Permit and Variance (PLN-12-00164) 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) This resolution shall not become effective, unless the City Council and property owner
enter into a Development Agreement regarding the operation of the billboard.
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 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.
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) The height of the billboard shall not exceed 55', as measured from the adjacent grade.
The display panels shall be LED panels and shall not exceed 672 square feet each.
7) The billboard, including the support structures, shall be painted a neutral color to blend
into the sky with a graffiti resistant paint. Any graffiti applied to the billboard or its
support structure shall be removed within 48 hours.
8) The applicant shall comply with the art in public places requirements set forth in Downey
Municipal Code 8950 et seq.
9) The billboard shall not emit any noise or audible tone.
10) All mitigation measures, as established by the Mitigated Negative Declaration, shall be
complied with at all times. This shall include:
a) Lighting levels on the digital sign shall not exceed 0.3 foot candles above ambient
light from a distance of 250 feet, as measured according to standards of the Outdoor
Advertising Association of America (OAAA).
CUP and VAR(PLN-12-00164)—7878 Telegraph Rd
June 19,2013-Page 6
Resolution No. 13-2834
Downey Planning Commission
Lb) Brightness shall not exceed 800 nits (candela per square meter) from sunset to
sunrise. At all other times, brightness will not exceed 7500 nits.
c) Illumination shall be directed such that minimal light spill will occur on either side or
the top or bottom of the sign face.
d) A light sensor shall be installed with the sign to measure ambient light levels and to
adjust light intensity to respond to such conditions. The light sensor adjusts the
sign's brightness in order to compete with ambient light. The darker the surrounding
ambient light, the less bright the sign is.
e) The sign shall not display any moving, flashing, scrolling, fading, brightening or
animated text or video.
f) Signage shall be controlled remotely and include remote maintenance software.
g) LED lighting has a directional nature, and the projected viewing angle values for this
sign shall be ± 30° vertically and ± 60° horizontally. Louvers shall be located above
each row of lights to prevent light from projecting upward into the sky.
h) No sign shall advertise any adult or sexually oriented businesses, tobacco-related
products, or other content that contains any obscene or profane language.
i) The applicant shall comply with all mitigation measures contained in the City of
Downey General Plan (Vision 2025) regarding air quality impacts.
j) During construction, the applicant shall comply with all BMP's contained in
SCAQMD's Rule 403 for fugitive dust control.
k) The applicant shall follow all recommendations and conclusions contained in the
Geotechnical report prepared by RMA Group and dated February 26, 2013
I) The sign shall not emit any verbal announcement or noises of any kind.
m) The applicant shall obtain all required permits from Caltrans regarding Highway
Oriented Signs
n) Signs shall not be placed with illumination that interferes with the effectiveness of or
obscures any official traffic sign, device or signal.
o) Signs shall not include or be illuminated by flashing, intermittent or moving lights
(except that part necessary to give public service information such as time, date,
temperature, weather or similar information).
p) Signs shall not cause beams or rays of light to be directed at the traveled way if such
light is of such intensity or brilliance as to cause glare or impair the vision of any
driver, or to interfere with any driver's operation of a motor vehicle.
L q) Duration of all displays shall be a minimum of four seconds with a one to four second
transition time between displays.
CUP and VAR(PLN-12-00164)—7878 Telegraph Rd
June 19,2013-Page 7
Resolution No. 13-2834
Downey Planning Commission
11) All utilities for the billboard shall be installed underground.
12) All construction shall comply with the 2010 California Building Code and Title 24 of the
California Energy Code.
13) Prior to the commencement of construction, the applicant shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit
final prior to beginning operation of the billboard.
14) City records indicate existing underground structures in the immediate vicinity of the
proposed location (RCP Drain, drain outlet structure, 10-ft easement, and infiltration
trench from Metro. During construction the applicant shall protect in place or reconstruct
the portion of the infiltration trench as part of the construction.
15) Prior to beginning construction, the applicant shall obtain all necessary approvals and
permits from Caltrans.
16) Prior to the issuance of the final of the building permits, the applicant shall plant Italian
Cypress or similar to block the view of the sign from the rear yards of the properties on
the north side of Rives Ave that are adjacent to the Metro property. Trees shall be
planted on Metro's property to the satisfaction of the City Planner. All landscape on
Metro's property shall be permanently maintained by Metro.
j
CUP and VAR(PLN-12-00164)—7878 Telegraph Rd
June 19,2013-Page 8