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HomeMy WebLinkAboutPC Resolution 13-2838 RESOLUTION NO. 13-2838 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-13-00137, REGARDING A PLANNED SIGN PROGRAM TO REGULATE THE SIZE, LOCATION AND APPEARANCE OF THE SIGNS WITHIN A MULTI-TENANT COMMERCIAL CENTER AT 8818-8832 IMPERIAL HIGHWAY & 12623-12639 LAKEWOOD BOULEVARD, AND 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 and declare that: A. An application was filed by Ms. Erica Marin, (authorized agent for the property owner, and hereinafter referred to as "Applicant"), requesting approval of PLN- 13-00137 (Planned Sign Program), for the size, location and appearance of the signs within the existing multi-tenant commercial property. B. On July 25, 2013, 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; and, C. The Planning Commission held a duly noticed public hearing on August 7, 2013 and after fully considering all oral and written testimony and facts and opinions offered at aforesaid public hearings, adopted Resolution No. 13-2838, 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 commercial property is located within the C-2 zone (General Commercial), which permits wall signs, freestanding signs, and monument signs. Downey Municipal Code Section 9610.04 stipulates that a Planned Sign Program is required for any site having three (3) or more nonresidential tenants. The Planning Commission is required to approve the planned sign program before any sign permit is issued. The proposed Planned Sign Program limits the sizes and locations of the signs appropriately and it complies with all the applicable provisions of Chapter 6 (Signs) of the Zoning Code. B. The sign is in proper proportion to the structure or site on which it is located. The proposed wall and hanging signs will be in proper proportion to the building façade of the center. The design of new sign will compliment the architecture of the existing businesses. Resolution No. 13-2838 Downey Planning Commission 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. As noted in the previous finding, most of the signs have been found to be compatible with the buildings and 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. All of the signs are internally illuminated with fluorescent bulbs to reduce the brightness of the sign. In addition to this standard, a condition of approval includes a provision that internal LED (light-emitting diode) strands shall be used to illuminate the signs. 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. E. 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. F. The sign complies with Section 9624, Lighting and Design Standards. All signs on site are internally illuminated and are set a sufficient height and location to comply with Downey Municipal Code Section 9624. 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-13-00137 (Planned Sign Program), 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. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day f August, 13 <7 ,///J/ I//. Louis Morales, Chairman i� City Planni4g 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 August, 2013, by the following vote, to wit: AYES: COMMISSIONERS: Lujan, Flores, Rodriguez, Kiefer and Morales NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary 4/1 nagh, Secrets City Planning Commission PLN-13-00137(Planned Sign Program) August 7,2013-Page 2 Resolution No. 13-2838 Downey Planning Commission PLN-13-00137 (PLANNED SIGN PROGRAM) EXHIBIT A - CONDITIONS 1) The approval of PLN-13-00137 (Planned Sign Program) approves the location, color, and size of all wall and hanging signs for a multi-tenant commercial center 8818-8832 Imperial Highway & 12623-12639 Lakewood Boulevard. 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) The applicant/owner shall comply with all conditions of approval of PLN-13-00137 before the Planned Sign Program becomes valid. 5) 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) All individual tenant signs shall be brought into compliance with the Planned Sign L Program at such time that the tenant's lease is renewed or when any changes are proposed to the sign, whichever occurs first. 7) 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. 8) The Applicant shall provide five (5) copies of the revised Sign Program for PLN13-00137 to the City Planner, which contains the revisions to Section H (3) Hanging Sign, to read as follows: "Signs shall be metal cabinet with acrylic face material"., before the Planned Sign Program PLN-13-00137, becomes valid. LH:\Community Development\Nguyen\CASES\Sign Program\8818-32 Imperial, 12623-39 Lakewood (gonsalves)\PLN-13-00137 Reso.doc PLN-13-00137(Planned Sign Program) August 7,2013-Page 3