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HomeMy WebLinkAboutPC Resolution 16-2959RESOLUTION NO. 16 -2959 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN -15 -00238 (REVISION `A' TO PLANNED SIGN PROGRAM NO. 08 -100), REGARDING THE SIZE, LOCATION AND APPEARANCE OF THE SIGNS WITHIN A MULTI - TENANT COMMERCIAL CENTER AT 8500 -8530 FIRESTONE 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. On September 22, 2004, the Design Review Board (DRB) approved Case No. 04 -58, for the architectural design, colors, and landscaping for the commercial center; and, B. On August 24, 2005, the DRB approved a revision to Case No. 04 -58, approving a Planned Sign Program for the center; and, C. On September 7, 2005, the Planning Commission adopted Resolution No. 2402 for Zone Variance No. 2402, allowing two tenants sign instead of one, on a monument sign; and, D. On January 7, 2009, the Planning Commission adopted Resolution No. 09 -2563, for Planned Sign Program No. 08 -100, requesting to revise the existing sign program to allow additional wall sign for three tenants, on Building 'B'; and, E. On December 3, 2015, a Land Use Application was filed by Ms. Sarah Withers, (authorized agent for the property owner), requesting approval of PLN -15 -00238 (Revision 'A' to Planned Sign Program No. 08 -100), for the size, location and appearance of the signs within the existing multi- tenant commercial center; and, F. On January 20, 2016, 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, G. The Planning Commission held a duly noticed public hearing on February 3, 2016, and after fully considering all oral and written testimony, 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 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. Resolution No. 16 -2959 Downey Planning Commission The subject commercial property is located within the C -2 zone (General Commercial), which permits wall signs, freestanding signs, and monument signs. The proposed modification to a Planned Sign Program limits the number of wall signs for each tenant space. The Planning Commission is required to approve the sign program before any sign permit is issued. The proposed Planned Sign Program will comply with all the applicable provisions of Chapter 6 (Signs) of the Zoning Code, including the allowance for the Planning Commission to allow deviations to the numbers and sizes of wall signs. B. The sign is in proper proportion to the structure or site on which it is located. The proposed wall signs will be in proper proportion to the building fagade of the subject Building `B'. The design of new sign will complement the architecture of the existing businesses. 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 new and existing signs are internally illuminated with fluorescent bulbs to reduce the brightness of the sign. Similar to the past approvals, internal LED (light- emitting diode) strands will be required to illuminate the signs. E. The sign is not detrimental to the public interest, health, safety, or welfare. All new wall mounted 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 -15 -00238 (Revision 'A' to Planned Sign Program No. 08 -100), 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 PLN -15 -00238 (Planned Sign Program) February 3, 2016 - Page 2 Resolution No. 16 -2959 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3`d day of February 2016 Matias Flores, Chairman City Planning 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 3`d day of February 2016 by the following vote, to wit: AYES: COMMISSIONERS: Flores, Rodriguez, Morales, Lujan and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary Ca, anagh, Secretary City Planning Commission PLN -15 -00238 (Planned Sign Program) February 3, 2016 - Page 3 Resolution No. 16 -2959 Downey Planning Commission PLN -15 -00238 (REVISION `A' TO PLANNED SIGN PROGRAM 08 -100) EXHIBIT A — CONDITIONS OF APPROVAL 1) The approval of PLN -15 -00238 (Revision 'A' Planned Sign Program No. 08 -100) approves the location, color, and size of new wall signs for Building 'B', located within a multi- tenant shopping center at 8500 -8530 Firestone Boulevard (See Exhibit 'A - G ' — Planned Sign Program). 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 Planned Sign Program 08 -100 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 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. HACommunity Development \Nguyen \CASES \Sign Program \8500 -8530 Firestone (Warehouse Shoe Sale) \PLN -15 -00238 Reso.doc PLN -15 -00238 (Planned Sign Program) February 3, 2016 - Page 4